HomeMy WebLinkAboutOrdinance 1812 (Eichler & Alliance Home Permit Prohibition)ORDINANCE NO. 1812
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
ENACTING A MORATORIUM TO TEMPORARILY PROHIBIT
GRANTING OF APPROVALS FOR, OR ISSUANCE OF PERMITS FOR,
SECOND STORY ADDITIONS TO EICHLER AND ALLIANCE HOMES
IN SPECIFIED NEIGHBORHOODS OF NORTH SAN RAFAEL,
PURSUANT TO CALIFORNIA GOVERNMENT CODE §65858
WHEREAS, pursuant to Government Code §65858, the City may, in order to protect the
public health, safety or welfare, enact an Interim Urgency Ordinance to prohibit certain uses that
may be in conflict with a contemplated General Plan or zoning proposal that the Legislative
Body, Planning Commission, or the planning division of the Community Development
Department, is studying or intends to study within a reasonable time; and
WHEREAS, neighbors and the Santa Margarita Neighborhood Association have
complained to the City Council concerning two projects involving the construction of second
story additions to Eichler and Alliance homes in the Santa Margarita neighborhood of North San
Rafael; and
WHEREAS, citizens living in the North San Rafael community and neighbors affected
by the two construction projects presented their complaints to the Planning Commission on July
15, 2003 and to the City Council on August 4, 2003, testifying on both occasions that second
story additions to Eichler and Alliance homes would destroy the architectural integrity of the
entire neighborhood, would cause severe and unmitigable impacts to the privacy interests of the
occupants of neighboring homes and would create homes which would be completely out of
scale with the surrounding neighborhoods; and
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WHEREAS, the citizens of the North San Rafael and the Santa Margarita neighborhood
in particular have questioned the appropriateness of allowing such second stories on the Eichler
and Alliance designed homes in those neighborhoods in the northern portion of the City where
these single story, specially designed homes predominate; and
WHEREAS, the City Council desires to review and study, and to also have the planning
division of the Community Development Department and the Planning Commission review and
study, the current design criteria, zoning regulations and building regulations relating to second
story additions to Eichler and Alliance homes in certain designated North San Rafael/Terra Linda
neighborhoods, including the Santa Margarita neighborhood, toward the end of making
recommendations to the Legislative Body for possible amendments to the City's Zoning
Ordinance regarding appropriate design and suitable location of second stories for these types of
homes within the City; and
WHEREAS, this ordinance is hereby found to be categorically exempt from
environmental review, pursuant to the provisions of Section 15061(b)(3) of the California
Environmental Quality Act of 1970 Guidelines as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Pursuant to the provisions of California Government Code §65858, the City Council of
the City of San Rafael does hereby adopt this Interim Urgency Ordinance to prohibit construction
of second story additions to Eichler and Alliance homes in certain designated neighborhoods in
the northern part of the City because such additions to such residential structures may be in
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conflict with contemplated amendment of the Zoning Ordinance relating to the design and
location of second story additions to Eichler and Alliance homes.
SECTION 2.
For purposes of this Interim Urgency Ordinance, "Eichler" or "Alliance " home shall
mean those residential structures which are designated on several maps entitled "Properties
Subject to Second Story Moratorium", on file in the City Clerk's Office, Room 209, City Hall
1400 Fifth Avenue, San Rafael, California and which generally include all or certain portions of
Nova Albion Way, Golden Hinde Blvd., Devon Drive, Dias Way, Anchorage Court, De Haro
Way, Arcangel Way, Ayala Court, De Anza Way, Holly Drive, Hibiscus Way, Hickory Lane,
Hyacinth Way, Las Colindas Road, Woodbine Drive, Wisteria Way, Whitewood Drive,
Wakerobin Lane, Las Pavadas Avenue (between Freitas Parkway and Las Colindas Road), Las
Raposas Road, Penny Royal Lane, Pine Lane, Bamboo Terrace, Del Ganado Road, Serra Way,
Montecillo Road, Las Ovejas Avenue, Bolanos Drive, Duran Drive, Diego Drive, De La Guerra
Road, Pico Court and Galleon Way. The aforementioned maps are available for review during
regular business hours, 8:30 am to 5:00 pm, Monday through Friday in the Office of the City
Clerk and in the Planning Division of the Community Development Department, Third Floor,
City Hall, 1400 Fifth Avenue, San Rafael, California.
SECTION 3.
The City has received numerous complaints from citizens who reside and/or own property
in and around the Santa Margarita neighborhood of Terra Linda in the northern portion of the
City. The City has received oral testimony as well as written communications from individual
City residents and representatives of neighborhood groups and associations detailing significant
issues and concerns regarding the sufficiency of the City's current zoning regulations to address
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public health, safety, and welfare issues regarding the appropriate design restrictions on second
stories proposed for Eichler and Alliance homes in certain neighborhoods of the City in which
such homes predominate. In particular the public comments strongly suggest a need to examine
whether the current Zoning Ordinance provisions ought appropriately to permit the construction
of such second story additions to Eichler and Alliance homes because such additions would
destroy the architectural integrity of the neighborhood, cause degradation to the privacy interests
of residents in surrounding homes and create residential structures out of scale with the
surrounding homes. These expressions of concern and opposition to the construction of second
story additions to Eichler and Alliance homes occurred at the regular City Council meeting of
August 4, 2003 and the Planning Commission meeting of July 15, 2003.
The City is currently in the process of a comprehensive revision of its General Plan
during which it will examine and revise many of the current land use designations, permitted
uses and appropriate design criteria for all of the lands located within its planning purview. In
addition, the City's planning division of the Community Development Department has begun a
study of the single family home design review process which will address, among other issues,
the design review criteria for second story additions to Eichler and Alliance homes in those
neighborhoods where such homes predominate, in order that the public health, safety or welfare
of the City's residents may be adequately protected.
The City's current Zoning Ordinance conditionally permits second story additions with
limited zoning administrator design review for all single-family residences including Eichler and
Alliance designed homes. Because of the outpouring of public opposition to the aforementioned
second story additions currently under construction in the Santa Margarita neighborhood and
staff review of the current Zoning Ordinance provisions concerning same, because of the ongoing
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General Plan revision process, because the City wants an opportunity to examine the
appropriateness of allowing such additions in the manner and in the locations and to the
particular homes where now permitted in the City because the City seeks to preclude issuance of
permits, including building permits for such additions while it examines and studies these issues,
the City has determined it necessary to adopt this ordinance to allow time to consider a revision
of the Zoning Ordinance should it determine that such additions to these particular types of
residential structures in such locations is indeed inappropriate and not in furtherance of the public
health, safety or welfare.
Based upon the foregoing, the City Council hereby finds that there exists a current and
immediate threat to the public health, safety or welfare in that approval of additional land use
entitlements, and/or issuance of building or other permits for second story additions to Eichler
and Alliance homes will result in authorizing design and construction of residential structures
prejudicial to and potentially inconsistent with the contemplated review and revision to the
Zoning Ordinance.
SECTION 4.
Notwithstanding any other provisions of the San Rafael Municipal Code or any other
ordinances, regulations, or policies of the City of San Rafael to the contrary, no zoning or
rezoning changes, land use permits, building permits, grading permits, environmental design
review permits, other entitlements for use or environmental documents shall be approved or
granted involving second story additions to Eichler and Alliance homes in certain neighborhoods
in North San Rafael, as specifically designated in Section 2. above, while this ordinance, or any
lawfully enacted extension thereof, remains in effect.
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With regard to any zoning or rezoning changes, land use permits, building permits,
grading permits, environmental design review permits, other entitlements, or environmental
documents involving or related to second story additions to Eichler and Alliance homes as
specifically designated in Section 2. above, which are under review by the City on the date of
adoption of this ordinance, no building permit shall be issued in connection with any such second
story addition application within the City. City staff shall not approve and/or issue any, building
permits, environmental design review permits, grading permits, or any other land use
entitlements relating to the design or construction of such second story additions after the date of
adoption of this ordinance and for so long as this ordinance, or any lawfully enacted extension
thereof, shall remain in effect.
SECTION 5.
The City Council may, by ordinance adopted after a duly noticed public hearing, at a
regularly scheduled Council meeting, upon the affirmative vote of four council members, modify,
amend, delete, extend or add to this ordinance upon a finding that such action will implement
and enforce the goals, policies and purposes of this ordinance.
SECTION 6.
Pursuant to the pertinent provisions of California Government Code §65858, this interim
urgency ordinance shall expire and shall be of no further force and effect forty-five (45) days
from and after the date of its adoption or on October 2, 2003; provided, however, that after notice
and public hearing, the City Council may, upon a four-fifths (4/5) affirmative vote, extend this
interim urgency ordinance for an additional period of time, not to exceed twenty-two(22) months
and fifteen (15) days.
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SECTION 7.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
declared to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance. The City 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.
SECTION 8.
This ordinance is hereby declared to be an urgency measure and shall become effective
immediately upon adoption by four-fifths (4/5) vote of the City Council and shall remain in full
force and effect until adoption of a superseding ordinance as more particularly prescribed in
§65858 of the California Government Code. The City Clerk is directed to forthwith publish a
copy of this ordinance with the names of the members voting for and against the same, at least
once in a newspaper of general circulation, published and circulated in the City of San Rafael.
ZIT�JOVIICO,
//� Mayor
ATTEST:
A.
JE NE M. LEO�,Cierk
I, JEANNE M. LEONCMI, City Clerk of the City of San Rafael, certify that the
foregoing ordinance was passed by the City Council of the City of San Rafael, California, by a
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vote of four-fifths (4/5) of the members thereof, at a regular meeting held on the 18th day of
August, 2003 by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Phillips
JEAVNE M. LEONCM, City Clerk