HomeMy WebLinkAboutCC Resolution 3303RESOLUTION NO. 3'303
RESOLUTION DIRECTING THAT NO USE PERMITS BE GRANTED PERMITTING
HEIGHT LIMITS IN EXCESS OF THE HEIGHT LIMITS PROVIDED FOR IN
CHAPTER 14.16 OF TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE AND
DIRECTING THAT NO BUILDING PERMITS BE ISSUED IN EXCESS OF SAID
HEIGHT LIMITS AND THAT NO LOT -SPLIT OR OTHER SUBDIVISIONS OF
LAND BE PERMITTED IN CERTAIN AREAS OF SAN RAFAEL HILL.
WHEREAS, the following facts are true.
1. The CITY OF SAN RAFAEL has heretofore employed
certain planners to prepare a general plan for the City of San
Rafael, which general plan is to include that certain area of
the City of San Rafael on San Rafael Hill which lies within a
2,000 foot radius of the presently existing cross that is situ-
ated at the top of San Rafael Hill; and
2. The preparation of such a general plan requires a
reasonable amount of time to prepare; and
3. Said planners have heretofore prepared and submitted
a draft of said general plan to the City; and
4. The Planning Commission of the City of San Rafael has
heretofore held public meetings on said general plan; and
5. The City Council of the City of San Rafael has hereto-
fore held public hearings on said general plan; and
6. The final form in which said general plan will be
adopted has not as yet been decided upon; and
7. The problem of the zoning and height limits, streets,
subdivisions and lot splits on that portion of San Rafael Hill that
lies within a radius of 2,000 feet of the presently existing cross
that is situated at the top of San Rafael Hill has not as yet been
decided upon; and
8. At least one application for a use permit for a radio
transmitting tower within the 2,000 foot radius described above has
heretofore been filed with the City of San Rafael; and
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9. At least one application for a use permit for a radio
transmitting tower within the 2,000 foot radius described above has
heretofore been filed with the City of San Rafael, which application
has been acted upon by the Planning Commission of the City of San
Rafael but as yet has not been formally issued; and
10. An application for a subdivision of real property
within the said 25000 foot radius described above has heretofore
been filed with the City of San Rafael, which application as yet
has not been approved or denied by the City of San Rafael; and
11. A proper street plan for the real property within the
said 2,000 foot radius has not yet been decided upon; and
12. The City of San Rafael is presently making a study of
a "slope policy" which will affect the real property within the said
2,000 foot radius; and
13. If use permits and building permits are granted which
permit heights in excess of those permitted in Chapter 14.16 of Title
14 of the San Rafael Municipal Code, structures could be built upon
the real property within the said 2,000 foot radius regardless of the
ultimate zoning of the said area; and
14. If structures in excess of the height limits permitted
in Chapter 14.16 of Title 14 of the San Rafael Municipal Code are
erected contrary to the general plan and zoning adopted by the City
of San Rafael, the effectiveness of said general plan and zoning and
slope policy will be seriously impeded and the public health, safety,
morals and general welfare will be adversely affected and irreparably
damaged; and said general plan and said slope policy are now being
studied and will soon be adopted; and
15. If lot splits or other subdivisions of land in the
area within the said 25000 foot radius are permitted without proper
streets, traffic patterns, proper lot design and drainage and height
limits, the effectiveness of said general plan and zoning will be
seriously impeded and the public health, safety, morals and general
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welfare will be adversely affected and irreparably damaged; and
16. The purpose of this Resolution is to preserve the
status quo and of a temporary nature; and
17. An emergency exists which requires passage of the
within Resolution in that it appears that there will be a number
of applications for a use permit in excess of the height limits
permitted in Chapter 1+.16 of Title 14 of the San Rafael Municipal
Code, all within the said 2,000 foot radius; and
18. The City of San Rafael, in good faith, intends to
continue the studies already begun in connection with said general
plan and slope policy.
NOW, THEREFORE, IT IS RESOLVED as follows:
1. That until the adoption by the City of San Rafael of
a general plan and slope policy no use permit be granted which
permits a height limit in excess of those set forth in Chapter 1+.16
of Title 14 of the San Rafael Municipal Code in that area in the
City of San Rafael on San Rafael Hill which lies within a 2,000 foot
radius of the above described cross.
2. That until the adoption by the City of San Rafael of
a general plan and slope policy no building permit be granted for
any structure and/or building that is or will be in excess of the
height limits set forth in Chapter 1+.16 of Title 14 of the San
Rafael Municipal Code in that area of the City of San Rafael on San
Rafael Hill which lies within a 2,000 foot radius of the above
described cross.
3. That until the adoption by the City of San Rafael of
a general plan and slope policy no application for a lot split or
other subdivision of lands situated in that area of the City of
San Rafael on San Rafael Hill which lies within a 25000 foot radius
of the above described cross shall be granted and the same shall be
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denied by the Planning Commission of the City of San Rafael with
the right to appeal to the Council of theGity of San Rafael as:,
provided in the San Rafael Municipal Gode
4. Any use permit for any real property in that area.
of the City of San Rafael on San Rafael Hill which lies within a
2,000 foot radiv.s; of the above described cross which ha,s hereto-
fore been approved but not yet formally issued and which permits
a height limit in excess of those stet forth in Chapter 14.16 of
Tithe 14 of the San Rafael Municipal Code shall be suspended until
the adoption by the City of San Rafael of a general plan and slope
policy and shall thereupon be effective only if it iso in conformanve
with and complies with such general plan, slope policy and the or-
dinances- of the City of San Rafael.
I HEREBY CERTIFY that the foregoing resolution was duly
and regularly mdopted by the City Council of the City of San
Rafael, Marin County, California, at a regullar meeting thereof
held on the 6th day of July, 1965, by the following vote, to wit:
AYES. Councilmen Aeby, Baar, Barbier, Jensen and Mayor Bettini
NOES None
Absent None
v o
W.. Cli ord Cornwell _
Glerof the City of San R1 "ael
C;oun y of Marin, California
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