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HomeMy WebLinkAboutOrdinance 1878 (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. 1878 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 15 — SUBDIVISIONS BY ADDING SECTION 15.01.155 TO ADDRESS AUTOMATIC EXTENSIONS PROVIDED BY THE STATE LEGISLATURE TO APPROVED SUBDIVISION MAPS AND RELATED PLANNING AND LAND USE APPROVALS 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 19th day of October, 2009, 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 2"a day of November, 2009, 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 5th day of November, 2009 G • F�'e"Q' ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 15 — SUBDIVISIONS BY ADDING SECTION 15.01.155 TO ADDRESS AUTOMATIC EXTENSIONS PROVIDED BY THE STATE LEGISLATURE TO APPROVED SUBDIVISION MAPS AND RELATED PLANNING AND LAND USE APPROVALS 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 grant 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 Governor amending Government Code Section 66452.21 of the Subdivision Map Act. Phis amendment to Government Code Section 66452.21 authorized 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 applied to approved and valid subdivisions only and did 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, on December 1, 2008 the City Council adopted Ordinance No. 1869 adding new Section 15.01.150 to the San Rafael Municipal Code Title 15 — Subdivisions 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 simultaneously for the same development project; and WHEREAS, in view of the State's continuing economic problems, on July 15, 2009 the State Legislature adopted and the Governor signed Assembly Bill 333 which granted a new, 24 - month Statewide extension to approved and valid -tentative Maps and Vesting Tentative Maps; and WHEREAS, the City Council wishes to ensure that the provisions of the San Rafael Municipal Code affecting the expiration dates of subdivisions and related planning and land use approvals remain consistent with any automatic extensions to subdivision maps enacted by the State Legislature, such as Assembly Bill 333; and WHEREAS, the amendment to the San Rafael Municipal Code effected by this Ordinance does not propose any changes to City policies or regulations that would result in a direct or indirect physical, environmental impact; therefore 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 September 15, 2009, 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, and recommended to the City Council the approval of the amendment, excluding the recommendation to incorporate property maintenance provisions; and WHEREAS, on October 19, 2009, 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 Department; and WHEREAS, the City Council hereby finds that the proposed amendment to San Rafael Municipal Code Title 15 - Subdivisions adding Section 15.01.155 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; and WI IF:REAS, the Code amendment would acknowledge statewide extensions 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. NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. San Rafael Municipal Code Title 15 - Subdivisions (Subdivision Ordinance) is hereby amended to add new Section 15.01.155 to read as follows: 15.01.155. Effect of future automatic extension of time limits by State Legislature for map approvals and mutual extension of related land use entitlements. In the event that additional automatic extensions to approved and valid Tentative Maps and Vesting Tentative Maps are enacted by the State Legislature subsequent to July 15, 2008, including but not limited to the extensions enacted by Assembly Bill 333 on July 15, 2009, the extensions granted by Section 15.01.150 of this Code shall be further extended to match such extensions granted by the State Legislature. At the discretion of the Community Development Director, the extension of the City land use entitlements authorized herein may be conditioned upon compliance with interim property maintenance 2 requirements such as weed abatement, site fencing for security and graffiti control, where deemed appropriate and necessary. 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 once in full before its final passage in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California and shall be in full force and effect 30 days after its final passage. xa—�-� ERt J. BORO, Mayor ATTEST: 1Z5 t4-ZA ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1878 was read and introduced at a regular meeting of the City Council of the City of San Rafael on October 19, 2009, 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 2"d day of November 2009. ESTHER C. BE-'IRNE, City Clerk S13333.Ord inance 10-19-09