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HomeMy WebLinkAboutOrdinance 1794 (Governing Bodies)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. 1794 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE INCLUDING 1) TITLE 15 OF THE SAN RAFAEL MUNICIPAL CODE TO ELIMINATE REFERENCES TO THE SUBDIVISION COMMITTEE AS A DECISION-MAKING BODY; 2) SECTION 14.25.070 OF THE SAN RAFAEL MUNICIPAL CODE TO ALLOW FOR APPOINTMENT OF AN ALTERNATE MEMBER OF THE DESIGN REVIEW BOARD, AND 3) TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE TO REVISE THE NUMBER OF COPIES OF CERTAIN UNIFORM CODES WHICH MUST BE MAINTAINED BY THE CITY CLERK" 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 2nd day of December 2002, a SUMMARY of Ordinance No. 1794 was 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 16th day of December, 2002, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 18th day of December, 2002 h„ . (Seal) JEAN M LEON INI, City Clerk ORDINANCE NO. 1794 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE INCLUDING 1) TITLE 15 OF THE SAN RAFAEL MUNICIPAL CODE TO ELIMINATE REFERENCES TO THE SUBDIVISION COMMITTEE AS A DECISION-MAKING BODY; 2) SECTION 14.25.070 OF THE SAN RAFAEL MUNICIPAL CODE TO ALLOW FOR APPOINTMENT OF AN ALTERNATE MEMBER OF THE DESIGN REVIEW BOARD; AND 3) TITLE 12 OF THE SAN RAFAEL MUNICIPAL CODE TO REVISE THE NUMBER OF COPIES OF CERTAIN UNIFORM CODES WHICH MUST BE MAINTAINED BY THE CITY CLERK. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, on August 19, 2002, the San Rafael City Council adopted Ordinance 1787, a comprehensive update to the San Rafael Municipal Code Title 15 — Subdivisions (Subdivision Ordinance); and WHEREAS, Section 15.01.070 (Authority) of this title identifies the official bodies and officials that have authority over administering the provisions and requirements of this title. Among the official bodies is the Subdivision Committee, comprised of the Community Development Director, City Engineer and the Chairperson of the Planning Commission, with decision-making authority over Minor Subdivisions (subdivision of four or fewer lots), Lot Line Adjustments, Lot Consolidations and Time Extensions to Tentative Maps; and WHEREAS, following adoption of Ordinance 1787, it was determined that the Subdivision Committee, an official body, should be replaced by one official serving in the same authoritative role. In most communities the Community Development Director is the official that is assigned to administer minor and ministerial subdivision applications; and WHEREAS, amendments to Ordinance 1787 have been drafted to eliminate the Subdivision Committee as an official body, with its role and function being replaced by the Community Development Director, as provided in Division 1, below; and WHEREAS, the amendments to the Subdivision Ordinance of the City of San Rafael, California, Title 15 - Subdivisions of the San Rafael Municipal Code are based on the following findings: The proposed amendments to delete the Subdivision Committee as an official body and delegating the Committee's function and authority to the Community Development Director would be consistent with the policies and programs of the San Rafael General Plan 2000 that are pertinent to the City Subdivision Ordinance. This proposed amendment would not change or impact the findings that were made in the recently adopted Ordinance 1787, which found that the ordinance update would implement General Plan Programs LU -d (Subdivision Ordinance), NE -b (Private Open Space), NE - e (Water Quality) and S-1 (Erosion Control) by incorporating or updating provisions and regulations that would address these policies and bring the ordinance into conformance with the current provisions of the Subdivision Map Act. 2. The public health, safety and general welfare would not be impacted by the proposed amendment to delete the Subdivision Committee as an official body. The amendment to Ordinance 1787 would delegate the Subdivision Committee's function and role to the Community Development Director, who would apply and administer the provisions and requirements of the Subdivision Ordinance in an identical manner as the Subdivision Committee; and WHEREAS, Section 14.25.070 of the San Rafael Municipal Code sets forth the authority and membership of the Design Review Board; and WHEREAS, members appointed to the Design Review Board are often practicing architects and design professionals who work in the community and may perform work for clients who are applicants for design approvals for projects within the City of San Rafael, and in such situations must declare a conflict of interest under state law and not participate in Board actions; and WHEREAS, situations have arisen when a quorum of the five Design Review Board members could not be achieved due to a conflict of interest among its members, resulting in delays to application processing; and WHEREAS, amendments to Section 14.25.070 have been drafted to allow the City Council to appoint an alternate member of the Design Review Board to participate in application reviews when such conflicts of interest prevent the attainment of a quorum of regular Board members and as a means of training potential, future regular Board members, as provided in Division 2, below; and WHEREAS, Title 12 of the San Rafael Municipal Code establishes requirements for local adoption of certain Uniform Codes; and WHEREAS, this title requires that at least three copies of the adopted Uniform Codes be retained in the office of the City Clerk; and WHEREAS, the cost of purchasing such code revisions is substantial and the availability of three copies of these codes is not warranted by the extent of public interest in reviewing such code books; and WHEREAS, amendments to Title 12 have been drafted to reduce the number of copies of the Uniform Codes which are retained in the office of the City Clerk, as provided in Division 3, below; and WHEREAS, these amendments were considered by the Planning Commission at a noticed public hearing on November 12, 2002, and recommended for adoption by the Commission; and WHEREAS, it has been determined that these amendments are 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 are not subject to environmental review. 2 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS: DIVISION 1: San Rafael Municipal Code Title 15 — Subdivisions is hereby amended to read as follows: Chapter 15.01 General Provisions Sections: 15.01.070 Authority. (c) The Community Development Director has the authority to approve, conditionally approve or deny an application for a Lot Line Adjustment or Lot Consolidation. The Community Development Director or designee has the authority to approve, conditionally approve or deny a Tentative Map or Vesting Tentative Map for a subdivision of four or fewer lots, except under certain circumstances, as specified in Chapter 15.03 of this title. The Community Development Director has the authority to approve a time extension to a Tentative Map, Vesting Tentative Map, Lot Line Adjustment or Lot Consolidation that was initially approved by the Director. 15.01.140 Appeals. (a) Any action of the Community Development Director can be appealed to the Planning Commission. Appeals of Community Development Director actions shall be filed with the Department of Community Development. Such appeals shall be scheduled for a public hearing before an action by the Planning Commission. The Planning Commission may overrule or modify the decision, determination or requirement cited in the appeal, and enter any such order or orders as are in harmony with the spirit and purpose of this title. Planning Commission action on the appeal shall be final, unless this action is appealed to the City Council. (d) Appeals must be filed, in writing, within ten (10) calendar days of action by the Planning Commission, Community Development Director or City Engineer. All appeals must be accompanied by a filing fee and written statement as to the reasons for the appeal. Chapter 15.03 Minor Subdivisions (four or fewer lots) Sections: 15.03.050 Referral to Planning Commission. When the Tentative Map application is determined to be complete, the Department of Community Development shall determine if the minor subdivision application is to be reviewed and acted on by the Community Development Director or the Planning Commission. All minor subdivision applications shall be referred to the Planning Commission when: 15.03.060 Action by the Community Development Director. The following procedures shall be implemented for Community Development Director action on a minor subdivision application: (a) The Department of Community Development shall prepare a written report to the Community Development Director describing the minor subdivision. The written report shall include a statement indicating whether the application is consistent with the San Rafael General Plan and any applicable specific plan or neighborhood plan, and is in conformance with the Zoning Ordinance (Title 14) and any other pertinent municipal ordinance or code provisions. The report shall also contain the required findings and any conditions recommended for approval. (b) Upon completion of the written report to the Community Development Director a notice shall be mailed to property owners within 300 feet of the subject property, pertinent utility services and districts, neighborhood organizations and special interest groups, informing them of the Community Development Director's intent to act on the application. The notice shall indicate that the Community Development Director will take action on the application, on or after the date, which is ten (10) days following the date of the notice. (c) Following distribution of the notice, the Department of Community Development shall distribute the written report and a copy of the Tentative Map to the City Engineer for review and a recommendation to the Community Development Director. Following receipt of the City Engineer's recommendation, the Community Development Director shall review the written report and sign four (4) copies of the Tentative Map, if approved. Approval of the minor subdivision by the Community Development Director shall not occur until after the 10 -day courtesy review period has passed. (d) Copies of the approved application forms and signed Tentative Map shall be forwarded to the subdivider and/or property owner, once final action has been taken by the Community Development Director. 15.03.070 Findings Required. In approving, conditionally approving or denying an application for a minor subdivision, the Community Development Director shall be required to make the same findings that are required for a major subdivision, as specified under Section 15.02.080 of this title. Chapter 15.05 Lot Line Adjustments and Consolidations Sections: 15.05.040 Action by the Community Development Director Action on all Lot Line Adjustment and Lot Consolidation applications shall be by the Community Development Director, consistent with the following procedures: The Department of Community Development shall prepare a written report to the Community Development Director describing the Lot Line Adjustment or Lot Consolidation. The written report shall include a statement indicating whether the application is consistent with the San Rafael General Plan and any pertinent specific plan or neighborhood plan, is in conformance with the Zoning Ordinance (Title 14) and any other pertinent municipal code provisions, and is in conformance with the Uniform Building Code (UBC). The report may contain conditions recommended for the approval of the application but shall not include any requirements for on-site or off-site improvements, dedications or exactions. As a condition of approval, the Community Development Director may establish time limits for the approval, which shall be consistent with the time limits allowed for map approvals, as provided for in Section 15.01.130 of this title. 4 Upon completion of the written report to the Community Development Director, a notice shall be mailed to adjacent property owners informing them of the Community Development Director's intent to act on the application. The notice shall indicate that the Community Development Director will take action on the application, on or after the date, which is ten (10) days following the date of the notice. Following distribution of the courtesy notice, the Department of Community Development shall distribute the written report and a copy of the plat map to the City Engineer for review and a recommendation to the Community Development Director. Following receipt of the City Engineer's recommendation, the Community Development Director shall review the written report and sign four (4) copies of the plat map, if approved. Approval of the Lot Line Adjustment or Consolidation by the Community Development Director shall not occur until after the 10 -day courtesy review period has passed. Copies of the approved application forms and signed plat maps shall be forwarded to the property owner(s) and/or representative, once final action has been taken by the Community Development Director. Chapter 15.17 Corrections, Amendments and Modifications 15.17.010 Purpose. (b) A recorded Final Map or Parcel Map may be modified through the preparation and filing of an amended Final Map or Parcel Map, subject to the approval of either the Planning Commission or the Community Development Director depending upon which official body approved the Tentative Map. 15.17.020 Application and Process for Correction to Recorded Map. (c) Upon the completion of review of the application, the Department of Community Development shall forward the Certificate of Correction or the amended map to the City Engineer for review and action. The City Engineer shall approve or deny the application, or may refer the application to the Community Development Director or Planning Commission for action. 15.17.030 Application and Process for Modification to Recorded Map. (c) Upon the completion of review of the application, the Department of Community Development shall proceed as follows: (1) For modifications to a recorded Parcel Map initially approved by the Community Development Director, the Department of Community Development shall provide public notice to property owners within 300 feet, describing the modification and allowing a 10 - day period for public review and comment. Following the public review period, the Community Development Director shall approve or deny the modification, based on findings required for the approval or denial of a Tentative Map, as required in Chapter 15.03 of this title. 5 Chapter 15.18 Definitions Sections: 15.18.110 Community Development Director 15.18.120 Condominium. 15.18.130 Easement. 15.18.140 Environmental Subdivision. 15.18.150 Final Map. 15.18.160 Improvement. 15.18.170 Improvement Plans. 15.18.180 Lot. 15.18.190 Lot Line Adjustment and Consolidation. 15.18.200 Major Subdivision. 15.18.210 Minor Subdivision. 15.18.220 Merger. 15.18.230 Notice of Intent. 15.18.240 Notice of Merger. 15.18.250 Notice of Violation. 15.18.260 Parcel Map. 15.18.270 Plat Map. 15.18.280 Property Owner. 15.18.290 Record of Survey. 15.18.300 Restriction. 15.18.310 Reversion to Acreage. 15.18.320 Securities. 15.18.330 Stock Cooperative. 15.18.340 Subdivider. 15.18.350 Subdivision. 15.18.360 Subdivision Map Act. 15.18.110 Community Development Director The person designated by the City Manager to serve as the Community Development Director for the purpose of carrying out the functions and tasks required in this title. DIVISION 2: Section 14.25.070 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.25.070 Design Review Board. A. Purpose and Authority. The Design Review Board shall serve as an advisory body to the city for the purpose of reviewing and formulating recommendations on all major physical improvements requiring environmental and design review permits and on other design matters, including minor physical improvements, referred to the Board by the Planning Director, Planning Commission or City Council. B. Membership of the Design Review Board. The Design Review Board shall consist of a total of five (5) regular members and may include one alternate member appointed by the City Council. The Design Review Board members shall be qualified as follows: 0 1. At least two (2) members shall be licensed architects or licensed building designers; 2. At least one (1) member shall be a licensed landscape architect; 3. At least one (1) of the five (5) members shall have background or experience in urban design; 4. The alternate member may have qualifications in any of the above fields of expertise; 5. All Board members shall reside in the city of San Rafael; and 6. In addition to the five (5) Council -appointed Board members and one (1) alternate member, one (1) Planning Commissioner shall attend board meetings. This liaison Planning Commissioner shall be appointed by the Commission chairperson. An additional Commissioner shall be appointed to serve as an "alternate liaison" in case of absence. The Planning Commission liaison should be present at all Design Review Board meetings to offer advice and direction to the Board on matters of Commission concern. C. Alternate Member. In order to ensure a quorum membership, the alternate member may temporarily fill a vacancy created when a regular member 1) leaves office prior to completion of the member's term, or 2) cannot attend a meeting or 3) cannot participate on a particular matter due to a conflict of interest. D. Term of Office. The term of office for each Design Review Board member shall be four (4) years. Of the members of the board first appointed, one (1) shall be appointed for the term of one (1) year; one (1) for the term of two (2) years; one (1) for the term of three (3) years; and two (2) for the term of four (4) years. The term of office for the alternate Board member shall be four (4) years concurrent with the term of the chairperson. E. Removal or Vacancy of Membership. Any member of the Board or the alternate member can be removed at any time by a majority vote by the City Council. A vacancy shall be filled in the same manner as the original appointment. The person appointed to fill a vacancy shall serve for the remainder of the unexpired term. F. Meetings. At least one (1) regular Design Review Board meeting shall be held each month on a date selected by the board, unless there is no business to conduct. G. Quorum. Three (3) of the members of the Board, either regular members or two (2) regular members and the alternate board member, shall be required to constitute a quorum for the transaction of the business of the Board and the affirmation vote of a majority of those present is required to take any action. H. Compensation of the Design Review Board. All members of the Board shall serve as such without compensation. DIVISION 3: Title 12 — Building Regulations of the San Rafael Municipal Code is hereby amended to read as follows: 12.26.010 Adoption of Uniform Housing Code, 1997 Edition, with amendments. The City Council adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Housing Code, 1997 Edition as published by the International Conference of Building Officials, hereinafter "Uniform Housing Code," save and except such portions as are hereinafter changed, added thereto, or amended by Section 12.26.020 of this chapter. Not less than one (1) copy of said code shall be maintained by the office of the City Clerk. 12.28.010 Adoption of Uniform Code for Abatement of Dangerous Buildings, 1997 Edition, with amendments. The City Council adopts, for the purpose of providing a just, equitable and practicable method whereby buildings or structures which endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated, or demolished, that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials, hereinafter "Uniform Code for the Abatement of Dangerous Buildings," save and except such portions as are hereinafter changed, added thereto, or amended by Section 12.28.020 of this chapter. Not less than one (1) copy of said code shall be maintained by the office of the City Clerk. 12.32.010 Adoption of Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, with amendments. The City Council adopts, for the purpose of providing minimum requirements for the protection of life, limb, health, property, safety, and the general welfare of the general public, that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code, 1997 Edition, as published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, CA 91789-2825, hereinafter "Uniform Swimming Pool, Spa and Hot Tub Code," save and except such portions as are hereinafter changed, added thereto, or amended by Section 12.32.020 of this chapter. Not less than one (1) copy of said code shall be maintained by the office of the City Clerk. DIVISION 4: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 5: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance 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. The Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published in the City of San Rafael, County of Marin, State of California. [3 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 along with the names of those Councilmembers voting for or against the Ordinance. / ALBERT ORO, Mayor ATTEST: �¢ JEA NE M. LEONCINI, City Clerk The foregoing Ordinance No. 1794 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, held on the 2nd day of December, 2002, and 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 the 16th day of December, 2002. JEA NAd M ONCINI, City Clerk 0