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HomeMy WebLinkAboutOrdinance 1869 (Extensions to Subdivision Maps)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, 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. 1869 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 15 — SUBDIVISIONS ADDING SECTION 15.01.150 TO ADDRESS A ONE-YEAR TIME EXTENSION TO APPROVED SUBDIVISION MAPS AND RELATED PLANNING AND LAND USE APPROVALS (P08-006)" 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 17th day of November, 2008, 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 1 st day of December, 2008, by the following vote, to wit: AYES COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 2nd day of December, 2008 ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1869 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 15 — SUBDIVISIONS ADDING SECTION 15.01.150 TO ADDRESS A ONE-YEAR TIME EXTENSION TO APPROVED SUBDIVISION MAPS AND RELATED PLANNING AND LAND USE APPROVALS (P08-006) 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, 2008, Senate Bill 1185 was signed by the State Governor amending Government Code Section 66452.21 (Subdivision Map Act). The amendment to Government Code Section 66452.21 authorizes 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 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 15.01.150 (One-time extension of time limits 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 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 October 14, 2008, 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. On a 5- 0-2 vote (Kirchmann abstaining and Pick absent), the Planning Commission adopted Resolution No. 08-23 and recommended to the City Council the approval of the ordinance amendment adding Code Section 15.01.150; and WHEREAS, on November 17, 2008 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 Depaitment; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael hereby makes the following findings in considering the amendment to add Section 15.01.150 of the San Rafael Municipal Code: 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 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. The ordinance amendment would acknowledge a statewide, one-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 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. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The City Council of the City of San Rafael hereby amends the San Rafael Municipal Code Title 15 — Subdivisions (Subdivision Ordinance) to add new Section 15.01.150 to read as follows: "15.01.150. One-time extension of time limits for map approvals and mutual extension of related land use entitlements. Per the July 15, 2008, State -enacted amendments to Government Code Section 66452.21, provisions for a one-time extension to approved and valid Tentative Maps and Vesting Tentative Maps are established as follows: (a) The expiration date of any Tentative Map or Vesting Tentative Map, and related land use entitlement(s) granted simultaneous to the approved map, which have been approved and are valid as of July 15, 2008, and will expire before January 1, 2011, shall be extended by 12 months. (b) The extension provided by subdivision (a) shall be in addition to any extension of the expiration date provided for in San Rafael Municipal Code Section 15.01.130, or Government Code Sections 66452.6, 66452.11, 66452.13 or 66463.5. (c) The extension set forth in subdivision (a) of this section applies to: 1) major subdivision maps of five parcels or greater; 2) minor subdivision and parcel maps of four parcels or fewer; and 3) all other land use entitlements and approvals required by Title 14 (Zoning) of this code that were granted in connection and concurrent with the original grant of approval to the subdivision maps (d) In determining whether an approved Tentative Map or Vesting Tentative Map expires before January 1, 2011, the provisions of Government Code Sections 66463.5(e) and 66452.6 shall apply. The provisions of these Government Code sections pertain to the effective terms of the map approval in the event of a moratorium or lawsuit." 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. 1 ALB IT J. B RO, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1869 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 17th day of November, 2008, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & 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 Is' day of December, 2008. �S nt��A G . 9-e,c 2 —c_.a - . ESTHER C. BEIRNE, City Clerk