HomeMy WebLinkAboutCD Subdivisions Municipal Code Amendmentcor-e OF
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Agenda Item No: 13
Meeting Date: October 19, 2009
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Comm ty Development Department
Prepared by: Ro`bLrrtown, 'Director (Rl) City Manager Approval:
SUBJECT: Amendment to San Rafael Municipal Code (SRMC) Title 15 — Subdivisions — City -
initiated amendment to add SRMC Section 15.01.155 to the Subdivision Ordinance establishing an
automatic, two-year time extension to currently approved and valid Tentative and Vesting Tentative Maps,
and related planning approvals and entitlements. This new section of the Subdivision Ordinance is being
initiated in response to signed Senate Bill 333 (SB333) and corresponding amendments to the
Subdivision Map Act. File No. P09-013.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached ordinance (Exhibit A) amending SRMC Title
15 (Subdivisions), adding new Section 15.01.155.
BACKGROUND:
Senate Bill 333 (SB333)
In 2008, the State of California amended the Subdivision Map Act authorizing an automatic, one-year
time extension to all approve and valid subdivisions in California (SB1185). The City of San Rafael
responded by adopting an amendment to San Rafael Municipal Code Title 15 (Subdivisions), which
extended all other related planning permits and approvals simultaneously approved for subdivision
projects. The amendment to SRMC Title 15 was specific to this one-time extension granted by the State
(Ordinance No. 1869).
In July 2009, Governor Schwartzeneeger signed State Assembly Bill 333 (AB 333), which has granted a
second time extension to approved and valid subdivisions. This time, the bill granted a 24 -month time
extension. In response to this statewide extension, the City is proposing to again amend SRMC Title 15
(new Section 15.01.155), so that related planning approvals for the same subdivision project can be
afforded the same extension as the approved map. Development projects in San Rafael with valid
subdivision map approvals that were granted the State -approved extension and the extension of related
planning permits include:
➢ The Village at Loch Lomond Marina
➢ 524 Mission Avenue @ Irwin Street (Carriage House development)
➢ 1203 Lincoln Avenue (Lincoln/Mission Townhomes)
➢ 33 San Pablo Avenue Condominiums
➢ 820 D Street Condominiums (former Lafayette Bakery)
➢ 522 Third Street (Mixed -Use Office/Residential Condominiums)
➢ 179 Los Ranchitos Road (two -lot subdivision)
FOR CITY CLERK ONLY
File No.:
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
➢ 65 Miraflores (two -lot subdivision)
To date, only one of the above projects, the 522 Third Street development, has moved forward with
construction and the recordation of a Final Map.
Project Description
In consultation with the City Attorney's Office, it was determined that an amendment to the Subdivision
Ordinance would allow the City to: a) recognize the SB 333 automatic map extension; and b)'coattail' this
extension to other, related planning and land use approvals or entitlements that were simultaneously
granted for the same project. Unfortunately, the ordinance amendment that was adopted last year for the
same purpose was very specific to the one-time extension granted by SB 1185 and did not envision that
the State of California would repeat this action.
The City Attorney's Office has drafted a new Section 15.01.155 for the Subdivision Ordinance (SRMC
Title 15), which would acknowledge the statewide, automatic extension for approved maps and similarly
extend the related planning approvals. This time, the amended ordinance language proposes to
acknowledge this and future extension actions by the State. New SRMC Section 15.01.155 is proposed
to read as follows:
" 15.01.155. Effect of future, automatic extension of time limits by the State
Legislature for map approvals and mutual extension of related land use
entitlements.
In the event that additional automatic extensions to approved and valid
Tentative Maps and Vesting Tentative Maps are enacted by the State Legislature
subsequent to July 15, 2008, including but not limited to the extensions enacted by
State Assembly Bill 333 on July 15, 2009, the extensions granted by Section
15.01.150 of this code shall be further extended to match such extensions granted
by the State Legislature."
The proposed ordinance amendment provides a two-year time extension to a 'window' of currently
approved and valid subdivision maps and related planning approvals.
Environmental Review
Action on this ordinance amendment is covered by the 'general rule' that the California Environmental
Quality Act (CEQA) applies only to projects which have the potential to cause a significant, physical
environmental environment. Purusant to CEQA Section 15061(b)(3), the ordinance amendment is not
subject to environmental review.
Planning Commission Review
On September 15, 2009, the Planning Commission reviewed the proposed code amendment. As part of
this review, staff presented a recommendation to revise the language of the code amendment, which
would provide the City the ability to impose, as a condition of an extension, interim property maintenance
measures, when determined to be appropriate. The staff -recommended language was proposed to be
added after the last sentence of new Section 15.01.155 to read:
" 15.01.155. ... the extensions granted by Section 15.01.150 of this code shall be further
extended to match such extensions granted by the State Legislature. At the discretion of the
appropriate and necessary."
Of particular concern is that, as time passes during this declined economy, the vacant and
underdeveloped sites that are approved for development become overgrown with weeds and are
magnets for garbage and unauthorized dumping. One example is the Lincoln/Mission Townhome site
(1203 Lincoln), which has been approved for redevelopment but has been vacant for over two years. City
staff has been in continued communication with the owner of this site to ensure that weeds are cut and
that garbage is removed from the site. At one point this site was fenced, but the fence was removed.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3
The Planning Commission discussed the suggested property maintenance language at length. A first
motion was made to adopt the ordinance amendment with this additional language but it failed on a 3-2
vote (Commissioners Paul and Pick dissenting). A minimum of four (4) supportive votes of the Planning
Commission is required to pass a motion on an ordinance. Commissioners Paul and Pick expressed
concern that expanding the language could cause additional financial burden on property owners that are
already impacted by the declined economy. After further discussion, the Planning Commission voted to
recommend the ordinance amendment without the property maintenance language (5-0 vote; see
attached Exhibit C for resolution), but directed that in reporting to the City Council, the Commission's
discussion be noted for consideration. The attached Planning Commission meeting minutes (Exhibit D)
summarizes this discussion.
r_1.191 A 611-3
San Rafael General Plan 2020 Consistency:
The proposed ordinance text amendment would provide a time extension to valid approvals for
development projects that have already been reviewed and determined by the City to be consistent with
the San Rafael General Plan 2020. This action would not conflict with the goals and policies of the San
Rafael General Plan 2020. In fact, the ordinance amendment would respond to and be consistent with
the Economic Vitality Element of the General Plan, specifically Policies EV -4 (Local Economic and
Community Impacts) and EV -16 (Partnerships for Infill Development) by assisting applicants and property
owners in maintaining their project approvals.
Subdivision Ordinance Consistency:
The proposed ordinance text amendment would be consistent with the directive of SB333 and
corresponding amendments to the Subdivision Map Act Sections 66454.21. Therefore, this action would
be consistent with the provisions of the Subdivision Map Act. The amendment would not conflict with
other requirements or provisions of SRMC Title 15 (Subdivisions) and would have no impact on the 24
month time limit for approving future Tentative Maps and Vesting Tentative Maps as set forth in SRMC
Section 15.01.130.
Property Maintenance Provisions:
Staff urges the City Council to support the property maintenance language presented to but rejected by
the Planning Commission. While staff respects the Commission's direction and recommendation on this
issue, the additional language provides an opportunity to ensure that, when necessary, property
maintenance is required as a condition of a time extension issued for a specific project. This way, the
property owner is obligated to respond to and address property maintenance concerns as part of a permit
action through compliance with a required condition of approval. The City has not adopted a property
maintenance ordinance so code enforcement is done on a complaint basis and with limited discretion.
For this reason, the draft ordinance (attached Exhibit A) has been amended to incorporate the property
maintenance language.
NOTICING/CORRESPONDENCE:
As the proposed ordinance amendment is citywide, no neighborhood meeting was held. Notice of the
hearing for this project was conducted in accordance with noticing requirements contained in Title 15 of
the Subdivision Ordinance. A Notice of Public Hearing was mailed to all homeowner's associations within
the City and to those property owners and applicants with active, valid Tentative Maps and Vesting
Tentative Maps. A copy of the notice is attached (Exhibit E).
FISCAL IMPACT:
The proposed ordinance amendment would have no fiscal impact on the City of San Rafael.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the ordinance amendment as proposed
2. Continue action for additional information and response to Council comments and concerns
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
3. Deny the proposed ordinance amendment
ACTION REQUIRED:
It is recommended that the City Council:
1. Open the public hearing and accept public testimony on the project;
2. Close the public hearing;
3. Pass ordinance (Exhibit A) to print.
ATTACHMENTS:
Exhibit A - Draft Ordinance
Exhibit B - List of Approved Subdivision Maps and Projects with Expiration Date Information
Exhibit C — Planning Commission Resolution No. 09-11; September 15, 2009
Exhibit D - Planning Commission Meeting Minutes, September 15, 2009
Exhibit E - Public Hearing Notice
SB333.CCrpt10-19-09
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 15 — SUBDIVISIONS BY
ADDING SECTION 15.01.155 TO ADDRESS AUTOMATIC EXTENSIONS PROVIDED
BY THE STATE LEGISLATURE TO APPROVED SUBDIVISION MAPS AND
RELATED PLANNING AND LAND USE APPROVALS
WHEREAS, San Rafael Municipal Code (SRMC) Title 15 (Subdivisions), specifically,
Section 15.01.130 sets forth time limits for approved subdivision maps. The time limit provisions
of this code section grant an initial Tentative Map or Vesting Tentative Map approval period of
24 months, with allowances for time extensions for a period of up to five years. These provisions
mirror the time limits set forth in the State of California Subdivision Map Act (Government Code
Section 66463.5); and
WHEREAS, in response to the current, depressed real estate market in California, on July
15, 2008, Senate Bill 1185 was signed by the Governor amending Government Code Section
66452.21 of the Subdivision Map Act. This amendment to Government Code Section 66452.21
authorized a Statewide, one-year time extension to approved and valid Tentative Maps and
Vesting Tentative Maps; and
WHEREAS, the amendment to Government Code Section 66452.21 applied to approved
and valid subdivisions only and did not extend the approvals of other, related land use and
planning permits that may have been simultaneously granted with a subdivision map for a
specific development project; and
WHEREAS, on December 1, 2008 the City Council adopted Ordinance No. 1869 adding
new Section 15.01.150 to the San Rafael Municipal Code Title 15 — Subdivisions to acknowledge
the State -approved automatic time extension for valid subdivision maps and to afford this same
extension to related planning and land use approvals granted simultaneously for the same
development project; and
WHEREAS, in view of the State's continuing economic problems, on July 15, 2009 the
State Legislature adopted and the Governor signed Assembly Bill 333 which granted a new, 24 -
month Statewide extension to approved and valid Tentative Maps and Vesting Tentative Maps;
and
WHEREAS, the City Council wishes to ensure that the provisions of the San Rafael
Municipal Code affecting the expiration dates of subdivisions and related planning and land use
approvals remain consistent with any automatic extensions to subdivision maps enacted by the
State Legislature, such as Assembly Bill 333; and
WHEREAS, the amendment to the San Rafael Municipal Code effected by this
Ordinance does not propose any changes to City policies or regulations that would result in a
direct or indirect physical, environmental impact; therefore it has been determined that this
ordinance amendment is covered by the general rule that the California Environmental Quality
Act (CEQA) applies only to projects which have the potential for causing a significant effect on
the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to
environmental review; and
EXHIBIT A
WHEREAS, on September 15, 2009, the Planning Commission held a duly -noticed
public hearing on the proposed amendment to the San Rafael Municipal Code, Title 15, accepting
all public testimony and the written report of the Department of Community Development, and
recommended to the City Council the approval of the amendment, excluding the recommendation
to incorporate property maintenance provisions; and
WHEREAS, on October 19, 2009, the City Council held a duly noticed public hearing to
consider the proposed ordinance amendment and considered all oral and written public testimony
and the written report of the Community Development Department; and
WHEREAS, the City Council hereby finds that the proposed amendment to San Rafael
Municipal Code Title 15 — Subdivisions adding Section 15.01.155 is consistent with the San
Rafael General Plan 2020 in that it: a) would acknowledge and provide a time extension to valid
subdivision maps and related planning and land use approvals for development projects that have
already been reviewed by the City and determined to be consistent with the General Plan policies
and goals; b) would not result in any direct or indirect physical, environmental impacts that would
have the potential to conflict with any policies and goals of the General Plan; and c) would
indirectly respond to and be consistent with the Economic Vitality Element of the General Plan,
specifically Policies EV -4 (Local Economic and Community Impacts) and EV -16 (Partnership for
Infill Development) by assisting applicants and property owners in maintaining their project
approvals during challenged economic times; and
WHEREAS, the Code amendment would acknowledge statewide extensions to approved
subdivision maps and would afford this extension to related planning and land use approvals,
which would serve the public health, safety and general welfare of the community by: a) ensuring
that current project approvals remain valid and in effect during the current, challenged economic
times; b) avoiding an unnecessary and onerous time extension process that would typically be
required by applicants and property owners; and c) avoiding internal inconsistencies in the valid
time limits and expiration dates for subdivision maps and related planning approvals issued for
one project, thus ensuring consistent entitlement tracking and construction scheduling.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1.
San Rafael Municipal Code Title 15 — Subdivisions (Subdivision Ordinance) is hereby amended
to add new Section 15.01.155 to read as follows:
15.01.155. Effect of future automatic extension of time limits by State
Legislature for map approvals and mutual extension of related land use
entitlements.
In the event that additional automatic extensions to approved and valid Tentative
Maps and Vesting Tentative Maps are enacted by the State Legislature
subsequent to July 15, 2008, including but not limited to the extensions enacted
by Assembly Bill 333 on July 15, 2009, the extensions granted by Section
15.01.150 of this Code shall be further extended to match such extensions
granted by the State Legislature. At the discretion of the Community
Development Director, the extension of the City land use entitlements authorized
herein may be conditioned upon compliance with interim property maintenance
EXHIBIT A 2
requirements such as weed abatement, site fencing for security and graffiti
control, where deemed appropriate and necessary.
DIVISION 2.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held
to be invalid, such decision shall not affect the validity of the remaining portions of this added
ordinance section.
DIVISION 3.
This Ordinance shall be published and a certified copy of this ordinance amendment shall be
posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it
is adopted.
This ordinance amendment shall be in full force and effect thirty (30) days after its final passage,
and shall be published within fifteen (15) days after the adoption, together with the names of
those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper
of general circulation published and circulated in the City of San Rafael, County of Marin, State
of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this ordinance amendment along with the names of those
Councilmembers voting for or against the amendment.
ALBERT J. BORO, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. was read and introduced at a regular meeting of the City
Council of the City of San Rafael on October 19, 2009, and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 2nd day of November 2009.
ESTHER C. BEIRNE, City Clerk
SB333.0rdinance 10-19-09
EXHIBIT A
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a
RESOLUTION NO. 09-11
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION RECOMMENDING
TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO SAN RAFAEL
MUNICIPAL CODE TITLE 15 - SUBDIVISIONS (SUBDIVISION ORDINANCE) ADDING
SECTION 15.01.155 TO ADDRESS A TWO-YEAR TIME EXTENSION
TO APPROVED SUBDIVISION MAPS
AND RELATED PLANNING AND LAND USE APPROVALS
(P09-013)
WHEREAS, San Rafael Municipal Code (SRMC) Title 15 (Subdivisions),
specifically, Section 15.01.130 sets forth time limits for approved subdivision maps. The
time limit provisions of this code section grants an initial Tentative Map or Vesting
Tentative Map approval period of 24 months, with allowances for time extensions for a
period of up to five years. These provisions mirror the time limits set forth in the State of
California Subdivision Map Act (Government Code Section 66463.5); and
WHEREAS, in response to the current, depressed real estate market in
California, on July 15, 2009, Senate Bill 333 was signed amending Government Code
Section 66452.21 (Subdivision Map Act). The amendment to Government Code Section
66452.21 authorizes a Statewide, two-year time extension to approved and valid
Tentative Maps and Vesting Tentative Maps; and
WHEREAS, the amendment to Government Code Section 66452.21 applies to
approved and valid subdivisions only and does not extend the approvals of other, related
land use and planning permits that may have been simultaneously granted with a
subdivision map for a specific development project; and
WHEREAS, the City of San Rafael Municipal Code provisions and processing
policies encourage, and in some cases mandate concurrent and simultaneous
processing of subdivision maps with other necessary planning and land use applications
(e.g., Environmental and Design Review Permit, Conditional Use Permit). Therefore,
most of the approved and valid subdivision maps include related planning approvals that
share common approval dates, valid time limits and expiration dates for entitlement
tracking and construction scheduling; and
WHEREAS, the City has determined that an amendment to San Rafael Municipal
Code Title 15 — Subdivisions is necessary to acknowledge the State -approved automatic
time extension for valid subdivision maps and to afford this same extension to related
planning and land use approvals granted for the same development project.
Consequently, San Rafael Municipal Code Section 15.01.155 (Effect of future automatic
extension of time limits by State Legislature for map approvals and mutual extension of
related land use entitlements) has been drafted to address this amendment. A complete
copy of the draft ordinance amendment is on file with the Community Development
Department; and
WHEREAS, upon review of the draft ordinance amendment, it was determined
that it does not propose any changes to City policies or regulations that would result in a
direct or indirect physical, environmental impact. As a result, it has been determined
that this ordinance amendment is covered by the general rule that the California
Environmental Quality Act (CEQA) applies only to projects which have the potential for
EXHIBIT C
causing a significant effect on the environment pursuant to CEQA Guidelines Section
15061(b)(3), and is not subject to environmental review; and
WHEREAS, on September 15, 2009, the Planning Commission held a duly -
noticed public hearing on the proposed amendment to the San Rafael Municipal Code,
Title 15, accepting all public testimony and the written report of the Department of
Community Development.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the
City of San Rafael does hereby recommend to the City Council approval of the proposed
addition of Section 15.01.155 to San Rafael Municipal Code Title 15 - Subdivisions
(Subdivision Ordinance), which reads as follows:
" 15.01.155. Effect of future, automatic extension of time limits
by the State Legislature for map approvals and mutual
extension of related land use entitlements.
In the event that additional automatic extensions to approved
and valid Tentative Maps and Vesting Tentative Maps are enacted
by the State Legislature subsequent to July 15, 2008, including but
not limited to the extensions enacted by State Assembly Bill 333 on
July 15, 2009, the extensions granted by Section 15.01.150 of this
code shall be further extended to match such extensions granted by
the State Legislature."
BE IT FURTHER RESOLVED, that the Planning Commission does hereby
recommend to the City Council the addition San Rafael Municipal Code Section
15.01.155 based on the following findings:
The proposed amendment to Title 15 — Subdivisions is consistent with the San
Rafael General Plan 2020 in that it: a) would acknowledge and provide a time
extension to valid subdivision maps and related planning and land use approvals
for development projects that have already been reviewed by the City and
determined to be consistent with the General Plan policies and goals; b) would
not result in any direct or indirect physical, environmental impacts that would
have the potential to conflict with any policies and goals of the General Plan; and
c) would respond to and be consistent with the Economic Vitality Element of the
General Plan, specifically Policies EV -4 (Local Economic and Community
Impacts) and EV -16 (Partnership for Infill Development) by assisting applicants
and properties owners in maintaining their project approvals during challenged
economic times.
The ordinance amendment would acknowledge a statewide, two-year extension
to approved subdivision maps and would afford this extension to related planning
and land use approvals, which would serve the public health, safety and general
welfare of the community by: a) ensuring that current project approvals remain
valid and in effect during the current, challenged economic times; b) avoiding an
unnecessary and onerous time extension process that would be typically be
required by applicants and properties owners; and c) avoiding internal
inconsistencies in the valid time limits and expiration dates for subdivision maps
and related planning approvals issued for one project, thus ensuring consistent
entitlement tracking and construction scheduling.
The foregoing resolution was adopted at a regular Planning Commission meeting held
on Tuesday, September 15, 2009. Moved by Commissioner Paul and seconded by
Commissioner Lang as follows:
AYES: Commissioners: Paul, Lang, Chair Pick, Colin, Sonnet
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: Kirchmann, Wise
ATTEST: 6 BY:
Robert Brown, Secretary Charles Pick, Chair
W:/ ... /SB333.PCreso9-15-09_revised with maintenance addition.doc[revisedj
9
REGULAR MEETING MINUTES
SAN RAFAEL PLANNING COMMISSION
SEPTEMBER 15, 2009
ROLL
Commissioners Present:
Commissioners Absent:
Community Development:
CONSENT
1. Minutes, August 25, 2009
PUBLIC HEARING
Chair Pick, Vice Chair Lang,
Colin, Paul (arrived @ 7:25pm), Sonnet
Kirchmann, Wise
Raffi Boloyan, Principal Planner
Steve Stafford, Associate Planner
AGENDA
2. 1320 Second Street (northeast corner of D and Second Streets; "Gas & Shop") -
Request for a new Sign Program and an Environmental and Design Review Permit
for the rebranding for the existing motor vehicle service station/mini-mart, including
new signs and sign design, revised site landscaping and lighting, and building colors;
APN's: 011-254-11, -12 & -13; Second/Third Mixed Use West (2/3 MUW) District;
Evelyn and Robert Poquez, owners; Douglas L. Smith of Sign Designs, Inc.,
applicant; File Nos.: SR09-027; ED09.
Project Planner: Raffi Boloyan
Environmental Review: Categorically Exempt
3. Amendment to San Rafael Municipal Code (SRMC) Title 15 — Subdivisions —
City -initiated amendment to add SRMC Section 156.01.155 to the Subdivision
Ordinance establishing an automatic two-year extension to currently approved and
valid Tentative and Vesting Maps; and related planning approvals and entitlements.
This new section of the Subdivision Ordinance is being initiated in response to signed
Senate Bill 333 (SB333). A list of the approved and valid Tentative and Vesting
Tentative Maps that would benefit from the State -issued time extension is on file with
the Community Development Department. File No.: P09-013.
Project Planner: Steve Stafford
Environmental Review: Categorically Exempt
DIRECTOR'S REPORT
COMMISSION COMMUNICATIONS
SRPC MINUTES (Regular) 9/15/09 EXHIBIT D
2
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
The Commission revised the order of the agenda and heard Item 3 before Item 2.
AYES: Commissioners: Chair Pick, Vice Chair Lang, Colin, Sonnet
NOES: Commissioners: None
ABSENT: Commissioners: Kirchmann, Paul, Wise
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Pick explained for the benefit of the audience the Public Hearing procedures to be
followed.
URGENT COMMUNICATIONS - None
CONSENT ITEMS
1. Minutes, August 25, 2009
Chair Pick asked for a motion.
Commissioner Colin moved and Commissioner Sonnet seconded, to approve the
Minutes of August 25, 2009 as amended. Motion carried unanimously.
AYES:
Commissioners:
Lang, Sonnet, Chair Pick, Colin
NOES:
Commissioners:
None
ABSTAIN:
Commissioners:
None
ABSENT:
Commissioners:
Kirchmann, Paul, Wise
Commissioner Paul joined the Planning Commission meeting at 7:25pm.
PUBLIC HEARING
3. Amendment to San Rafael Municipal Code (SRMC) Title 15 — Subdivisions —
City -initiated amendment to add SRMC Section 156.01.155 to the Subdivision
Ordinance establishing an automatic two-year extension to currently approved and
valid Tentative and Vesting Maps; and related planning approvals and entitlements.
This new section of the Subdivision Ordinance is being initiated in response to signed
Senate Bill 333 (SB333). A list of the approved and valid Tentative and Vesting
Tentative Maps that would benefit from the State -issued time extension is on file with
the Community Development Department. File No.: P09-013.
SRPC MINUTES (Regular) 9/15/09
Project Planner: Paul Jensen
Environmental Review: Categorically Exempt
Raffi Boloyan, Principal Planner, summarized the staff report and recommended that the
Commission adopt the attached revised draft resolution recommending to the City
Council adoption of the amendment to the Subdivision Ordinance. Staff then read the
revision to Section 15.01.155 as follows: "At the discretion of the Community
Development Director, the extension of City land use entitlements authorized herein may
be conditioned upon compliance with interim property maintenance requirements such as
weed abatement, site fencing for security and graffiti control, where demand appropriate
and necessary. "
Commissioner Sonnet clarified with staff that they must be in compliance with the wishes
of the State, but if the City is able to add this condition, would that exempt certain
projects from what the State is trying to do. Principal Planner Boloyan explained that
State law only affects the tentative map, which is the subdivision action. State law does
not address the associated planning entitlements.
Commissioner Sonnet stated since the section just talks about interim property
maintenance requirements, he suggested stating, "or for other reasons as deemed
appropriate by the Community Development Director. " He added rather than foresee all
items over the years, he suggested having some other escape clause that allows discretion
of other factors as they become apparent to the Community Development Director.
Principal Planner Boloyan noted that the operating phrase is property maintenance
requirements, " and the rest of the language about weed abatement and site fencing are
examples, so it is fairly open in the sense that what they are trying to achieve is
maintenance.
Commissioner Lang stated to condition the City's sort of companion property rights on
this maintenance could be a stretch. However, it appears that this revisions accomplishes
the goals of State law, which is to extend these rights, and the municipal code revision is
a very clever solution to that problem.
Chair Pick expressed concern for health and safety. Principal Planner Boloyan indicated
that the City has adequate tools in the municipal code to enforce and regulate public
health and safety, but public nuisance and maintenance is the area that needs attention.
Chair Pick suggested stating, "or any public nuisance where deemed appropriate. "
Commissioner Lang pointed out that the standard legal language would be, "such as, but
not limited too. "
Commissioner Paul is not sure if this extra clause should be added. It could make a
slippery slope that could be covered by other ways. If these economic problems run for
another two or 10 years, entitlements should not go away and the economic hardship of
what some property owners or developers are going through may not be able to perform.
SRPC MINUTES (Regular) 9/15/09
El
Commissioner Lang asked staff if the City Attorney reviewed and is confident that this
language is enforceable. Principal Planner Boloyan responded in the affirmative. Staff
noted that the City Attorney drafted this ordinance amendment. Commissioner Lang
noted that it is at the discretion of the Community Development Director and if the City
Attorney is confident to have this authority then it should be exercised and the
Commission must rely on the good discretion of the Community Development Director.
Commissioner Paul stated that the idea of withholding an entitlement is troublesome.
Commissioner Colin pointed out that it is discretionary and it is really a clever tool not to
have unkept sites. Commissioner Sonnet added that they are talking about a limited
number of the larger sites, which tend to be in prominent sites that could turn into
eyesores such as Lincoln/Mission. They are not talking about a second unit or a garage,
but major projects in the public eye, so from that point of view it is a reasonable tool for
the City to have.
Principal Planner Boloyan stated the words, "not granting an extension " is not what this
ordinance amendment is stating. It is indicating that this extension would be conditioned
upon on this requirement. The extension would have a caveat that they must continue to
comply with these sorts of property maintenance standards or the City could then revoke
the entitlement. Commissioner Paul did not believe that is fair or legal. Chair Pick is
sympathetic with Commissioner Paul's comments. Commissioner Lang believed they are
all sympathetic and that is why this is not mandatory. The Commission must have faith
that the Community Development Director will exercise this discretion in a fair manner
that maximizes the benefit to the community.
Chair Pick opened the public hearing on this item, and seeing no one wishing to speak,
the Chair closed the public hearing and brought the matter back to the Commission for
action.
Chair Pick asked for a motion.
Commissioner Lang moved and Commissioner Colin seconded, to adopt the
Resolution recommending to the City Council adoption of the amendment to the
Subdivision Ordinance including the revisions outlined by staff.
Commissioner Paul is very uncomfortable and concerned and suggested that the motion
be bifurcated because he did not support the revision outlined by staff. Commissioner
Lang declined.
Motion failed 3-2 since 4 votes are required for Commission actions and
recommendations on an Ordinance. Pick/Paul opposed.
Principal Planner Boloyan announced that four votes are required to pass the resolution,
so this matter would move forward as a recommendation against the adoption of the
resolution.
Chair Pick asked for another motion.
SRPC MINUTES (Regular) 9/15/09
Commissioner Paul moved and Commissioner Lang seconded, to accept the time
extension Resolution, but strike the underlined revisions drafted by the City
Attorney.
Commissioner Sonnet wanted to be clear that they are adopting the original resolution
and they are not recommending that the City Attorney's revisions not be adopted.
Commissioner Lang stated they are clarifying that it is not as between the two, but the
majority would support an additional edit from the City Attorney. The motion before the
Commission is just for the minimum resolution without the additional language.
Commissioner Colin believed the Commission is now sending a message that they do not
want the revisions made by the City Attorney because that was not approved.
Commissioner Paul disagreed and indicated that they are sending a message to the City
Council that the Commission was not unanimous and two members of the Planning
Commission were not in support of the amended version. They all want to recommend as
a Planning Commission that this be done. Commissioner Lang stated at a minimum the
Commission is recommending this, but the majority would recommend more. The City
Council will see that it was a split vote denying the amended version and a unanimous
vote recommending the original version. Principal Planner Boloyan also states that in the
staff report to the Council, the Commissions' discussion on the pro's and con's of the
additional language will be provided
Motion carried unanimously.
AYES:
Commissioners:
Paul, Lang, Chair Pick, Colin, Sonnet
NOES:
Commissioners:
None
ABSTAIN:
Commissioners:
None
ABSENT:
Commissioners
Kirchmann, Wise
Commissioner Sonnet recused himself from the next agenda item in order to avoid the
appearance of a conflict since he owns stock in Chevron.
2. 1320 Second Street (northeast corner of D and Second Streets; "Gas & Shop") -
Request for a new Sign Program and an Environmental and Design Review Permit
for the rebranding for the existing motor vehicle service station/mini-mart, including
new signs and sign design, revised site landscaping and lighting, and building colors;
APN's: 011-254-11, -12 & -13; Second/Third Mixed Use West (2/3 MUW) District;
Evelyn and Robert Poquez, owners; Douglas L. Smith of Sign Designs, Inc.,
applicant; File Nos.: SR09-027; ED09.
Project Planner: Steve Stafford
Environmental Review: Categorically Exempt
Steve Stafford, Associate Planner, summarized the staff report and recommended that the
Commission adopt a resolution upholding the DRB's recommendation and approving the
new Sign Program and Environmental and Design Review Permit Amendment
applications, based on the required findings and subject to conditions of approval.
SRPC MINUTES (Regular) 9/15/09
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
You are invited to attend the City Council hearing on the following project:
PROJECT: Amendment to San Rafael Municipal Code (SRMC) Title 15-Subdivisions—City-initiated amendment to add SRMC
Section 15.01.155 to the Subdivision Ordinance establishing an automatic two-year time extension to currently approved
and valid Tentative and Vesting Tentative Maps, and related planning approvals and entitlements. This new section of the
Subdivision Ordinance is being initiated in response to signed Senate Bill 333 (SB333). A list of the approved and valid
Tentative and Vesting Tentative Maps that would benefit from the State -issued time extension is on file with the Community
Development Department. File No: P09-013,
As required by state law, the project has been assessed to address required environmental review. Planning staff concludes
that this project will not result in a significant physical effect on or change in the environment. For this mason, the project is
covered by the general rule that the California Environmental Quality Act (CEQA) does not apply pursuant to CEQA Section
15061(b)(3).
HEARING DATE: Monday, October 19,2009,8:00 p.m.
LOCATION: San Rafael City Hall — City Council Chambers
1400 Fifth Avenue at "D" Street
San Rafael, California
WHAT WILL You can comment on the municipal code amendment. The City Council will consider all public testimony and
HAPPEN: decide whether to adopt the code amendment.
IF YOU CANNOT You can send a letter to the Community Development Department, Planning Division, City of San Rafael, RO
ATTEND: Box 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting.
FOR MORE Contact Paul Jensen, Planning Manager at (415) 485-5064 or paul.jensen(Weityofsanrafael.org. You can
INFORMATION: also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the
proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday, Wednesday and Thursday, and
8:30 a.m. to 12:45 p.m. on Tuesday and Friday. You can also view the staff report after 5:00 p.m. on the Friday
before the meeting at http://www.cityofsanrafael.org/Govemment/City_Clerk/ City_Council_
Redevelopment_Agency _Agendas. htm.
SAN RAFAEL CITY. COUNCIL
/s/ Esther C. Beime
Esther C. Beime
CITY CLERK
At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you maybe
limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above
referenced public hearing. (Government Code Section 65009(b)(2)).
Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 9e day following, the date of the Council's decision.
rroceaure secuon
Sign language interpretation and assistive listening devices may be requested by calling (415) 485-3085 (voice) or (415) 485-3198 (TDD) at least 72 hours in advance.
Copiev of documents are available in accessible formats upon request.
Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Para -transit is available by calling Whistleslop Wheels at (415)
454-0964.
To allmv individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented
Please publish in the Marin Independent Journal on Friday, October 2, 2009
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