HomeMy WebLinkAboutOrdinance 1567 (Group Care Facilities)ORDINANCE NO. 1567
AN INTERIM URGENCY ORDINANCE OF THE CITY
OF SAN RAFAEL PROHIBITING ANY USES THAT
MAY BE IN CONFLICT WITH A CONTEMPLATED
ZONING PROPOSAL PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858,
CONCERNING THE ACCEPTANCE AND PROCESSING
OF NEW APPLICATIONS FOR GROUP CARE
FACILITIES
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Pursuant to the provisions of California
Government Code Section 65858, the City Council of the City of San
Rafael does hereby adopt this interim urgency ordinance prohibiting
any uses that may be in conflict with a contemplated zoning proposal
concerning the acceptance and processing of new applications for
group care facilities as defined hereinbelow.
GROUP CARE FACILITY is a facility which provides resident
services to seven (7) or more individuals of whom one or more are
unrelated or provides resident and outpatient services. These in-
dividuals are handicapped, aged, or disabled, are undergoing
rehabilitation and are provided services to meet their needs. This
category includes uses, licensed or supervised by any Federal, State
or County health/welfare agency, such as group homes (all ages),
halfway houses, resident schools, resident facilities and foster or
boarding homes.
DIVISION 2. This ordinance is declared to be an urgency or-
dinance enacted for the preservation of the public health, safety, or
welfare, and shall therefore go into effect immediately upon its
adoption. The basis and justification for the adoption of this or-
dinance are as follows:
Government Code §65858 provides for the adoption of urgency
ordinances prohibiting any uses which may conflict or be inimical
with a contemplated zoning proposal to be undertaken by a local
agency within a reasonable time.
The City intends to forthwith commence creation of a task
force including two City Council members, two Planning Commissioners,
and three citizen appointees for the purpose of reviewing collected
data and research and leading to the preparation of an ordinance con-
taining standards and guidelines for acceptance and processing of new
applications for group care facilities. Issues to be addressed by
this task force include, but are not limited to: (1) assessing the
impact of such group care facilities on various City neighborhoods;
(2) assessing the present concentration of such facilities within the
City of San Rafael; and (3) making recommendations concerning the
creation of a set of standards and guidelines to be utilized in the
processing of new applications for such group care facilities. In
addition to studying the land -use impacts associated with location of
such group care facilities within the City, the City also intends to
update its current inventory of such group care facilities located
throughout the County of Marin.
By virtue of the matters set forth hereinabove, the City
Council does hereby find and declare that there exists a current and
immediate threat to the public health, safety or welfare in that the
acceptance and processing of new applications for group care
facilities could well result in the processing and approval of land -
use permits for such facilities which would create irreversible
adverse impacts on residential neighborhoods located within the City,
be inconsistent with standards and guidelines contained in the con-
templated zoning proposal to be studied by the City and result in a
potential over -concentration of such facilities within the City.
DIVISION 3. Notwithstanding any other provisions of the San
Rafael Municipal Code or any other ordinances or regulations of the
City of San Rafael to the contrary, no new applications for group
care facilities or temporary shelters for the homeless shall be ac-
cepted, processed, approved or granted while this ordinance remains
in effect. Provided, however, that these restrictions shall not ap-
ply to the following:
(a) Time extensions for previously approved permits for
group care facilities where no change in use is re-
quested.
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(b) Applications for group care facilities or temporary
shelters for the homeless received by City prior to the
effective date of this Urgency Ordinance and currently
under review by Planning staff.
DIVISION 4. Except for facilities specifically exempted
hereinabove under DIVISION 3, City staff shall not accept applica-
tions for group care facilities from and after the date of adoption
of this ordinance and for so long as this ordinance shall remain in
full force and effect.
DIVISION 5. Any administrative determination made by the
Planning Director concerning issuance of planning approvals/permits
described in DIVISION 3 above may be appealed to the Planning
Commission. Planning Commission determinations may be appealed to
the City Council. The decision of the City Council on hearing any
said appeal shall be final.
DIVISION 6. This interim urgency ordinance, shall by opera-
tion of law, be of no further force and effect forty-five (45) days
from and after the date of its adoption or on September 21, 1989.
After notice and public hearing, the City Council may extend this in-
terim ordinance for ten (10) months and fifteen (15) days and
subsequently extend said interim ordinance for one year. Any exten-
sion of this interim ordinance shall require a four-fifths (4/5) vote
of the City Council for adoption, and no more than two extensions of
this interim ordinance may be adopted.
DIVISION 7. 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 City Council hereby declares that it would have
adopted the ordinance and each section, subsection, sentence clause
of phrase thereof, irrespective of the fact that any one or more sec-
tions, subsections, sentences, clauses or phrases be declared
invalid.
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DIVISION 8. This ordinance is hereby declared to be an ur-
gency measure and shall be in force and effect immediately upon its
adoption. Within fifteen (15) days after adoption, this ordinance
shall be published with the names of the members voting for or
against the same, at least once in a newspaper of general circula-
tion, published in the City of San Rafael.
AWRENCE E. MULRYAN, Wayor
Attest:
JE NM. LEO�I, Clerk
STATE OF CALIFORNIA )
COUNTY OF MARIN ) ss.
CITY OF SAN RAFAEL )
I,Jeanne M. Leoncini, City Clerk of the City of San Rafael,
certify the foregoing ordinance was passed by the City Council of the
City of San Rafael, California, by a vote of four-fifths (4/5ths) at
a regular meeting held on the 7th of August, 1989, by the following
vote, to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer and Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JET M. LEONCINI, City Clerk