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HomeMy WebLinkAboutOrdinance 1774 (Code Enforcement)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1774 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (ZONING ORDINANCE) RELATED TO CODE ENFORCEMENT (ZC 01-06)" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 3`d day of December, 2001, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 17th day of December. 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 20th day of December, 2001 A14 V�� � (Seal) JE- M. LEONCINI, City Clerk ORDINANCE NO. 1774 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNCIPAL CODE (ZONING ORDINANCE) RELATED TO CODE ENFORCEMENT (ZC 01-06) WHEREAS, in August of this year, the City held a Code Enforcement hearing which involved a code violation inti red by a new property owner and during which the property owner claimed that he was not responsible for compliance with Planning permit conditions of approval due to notification requirements. At that time, staff discovered that the language contained in Zoning Ordinance Section 14.29.040 "Violations" suggests that the City is responsible for notifying all new property owners about terms and conditions of Planning permit approvals on their newly acquired property, although other Zoning Ordinance sections (14.21.120, 14.22.130, 14.23.110 and 14.25.140) and established case law indicate that Planning permits run with the land and bind subsequent property owners without the need for notification by the City; and WHEREAS, staff has reviewed current and potential notification methodologies and determined that the existing real estate sale disclosure requirements and the City's policy for open access to public information for all property owners are sufficient to meet notification needs. Review of potential new notification methodologies revealed that such efforts would not be practical or effective and the City Attorney has recommended the proposed Zoning Ordinance text amendment; and WHEREAS, in October 2001, the City of San Rafael initiated an amendment to the San Rafael Zoning Ordinance (Title 14) to provide language consistent with the successful implementation of Code Enforcement; and Zoning Text AmendmentNiolations.'CC Ordinance WHEREAS, the proposed Zoning Ordinance text amendment is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alteration in Land Use Limitations, and the City of San Rafael Environmental Assessment Procedures Manual under Class 5f. Zoning Ordinance text amendments not involving proposed development plans or commitment of land use or resources which would result in a significant environmental impact; and WHEREAS, a notice describing the proposed amendment to the San Rafael Zoning Ordinance was: a) published in a local newspaper of general circulation in the area; and b) mailed to special interest groups; and WHEREAS, on November 13, 2001, the Planning Commission held a public hearing on the proposed Zoning Ordinance text amendments and recommended approval to the City Council; and WHEREAS, on December 3, 2001, the City Council held a public hearing and accepted all oral and written public testimony and the written report of the Community Development Department staff. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The City Council finds the following: 1. The proposed amendment is consistent in principle with the San Rafael General Plan in that the amendment would not be in conflict with any of the General Plan policies; and 2. The public health, safety and general welfare would be served by the proposed amendment in that it would ensure effective code enforcement. Zoning Text Amendment/Violations!CC Ordinance 3. The proposed Zoning Ordinance text amendment would be consistent with the San Rafael Zoning Ordinance (Title 14). The current Ordinance contains language which suggests that the City is responsible for notification of all Planning permit conditions of approval prior to code enforcement actions. This language would be deleted from section 14.29.040 in order to allow the City to effectively implement the intended purpose of Chapter 14.29 "Enforcement." Continued inclusion of the language in the text is not practical due to the fact that the City is not involved in property transfers. Moreover, the County does not inform cities of property transfers and; 4. Existing notification associated with property resale disclosure requirements is sufficiently adequate to effectively alert new property owners of terms and conditions of Planning permit approvals on their newly acquired properties. The City will continue to research and develop alternative notification methods to augment the information property owners receive via the resale disclosure process. The amended text would ensure that the notification process does not hinder code enforcement and would be consistent with the purpose of Chapter 14.29. DIVISION 2. Chapter 14, Section 14.29.040 is amended as follows: This section shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent or employee. DIVISION 3. This ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in fiill force and effect thirty (30) days after its final passage. r � ALBERT J. BORO, Mayor ATTEST: JEANNE M. LEONCIh]I, City Clerk Zoning Text AmendmentNiolations `CC Ordinance The foregoing Ordinance No. 1774 was read and introduced at a regular meeting of the City Council of the City of San Rafael on December 3, 2001, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 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 Monday, Dec. 17 , 2001. JEANNE M. LEONCINI, City Clerk Zoning Text Amendment/Violations. CC Ordinance