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HomeMy WebLinkAboutOrdinance 1529 (Contemplated General Plan Amendment)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. 1529 entitled: "AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING AND MODIFYING ORDINANCE NUMBER 1524, PROHIBITING ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858" 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 -Third day of March , 1986, published as required by City Charter in the 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 Third day of March 1986, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None WITNESS my hand and the official seal of the City of San Rafael this gPZTPni-PPnth day of March , 19-a.6. JE E M. LEONC�N Ci e r k ty Cl ORDINANCE NO. 1529 AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL EXTENDING AND MODIFYING ORDINANCE NUMBER 1524, PROHIBITING ANY USES THAT MAY BE IN CONFLICT WITH A CONTEMPLATED GENERAL PLAN AMENDMENT AND ATTENDANT ZONING PROPOSALS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 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 extend and modify interim urgency Ordinance No. 1524 adopted on January 20, 1986, prohibiting any uses that may be in conflict with the ongoing and contemplated revision of the San Rafael General Plan and any necessary and attendant zoning and Subdivision Ordinance amendments required in connection therewith. Ordinance No. 1524 is hereby extended to September 8, 1986, and amended as herein set forth, provided, however, that after notice and public hearing the City Council may by a four-fifths (4/5ths) vote extend this interim urgency ordinance for such period of time as permitted by Government Code Section 65858. DIVISION 2. This ordinance is declared to be an urgency ordinance 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 ordinance are as follows: there exists a current and immediate threat to the public health, safety or welfare unless building and development within the City of San Rafael is temporarily restricted during the conduct of studies and the ongoing revision of the San Rafael General Plan and any necessary and attendant Zoning and Subdivision Ordinance amendments required in connection therewith. The City of San Rafael for some time prior to adoption of urgency Ordinance No. 1524 and this Ordinance extending and modifying Ordinance No. 1524 has been revising its General Plan through preparation of the Draft East San Rafael Neighborhood Plan and detailed staff recommendations for revisions to the Northgate Activity Center Plan. Additionally, in April 1985, the City Council of the City of Sar. Rafael authorized expenditure of funds in addition to the approved Planning Department budget in order to permit revision of the San Rafael General Plan to proceed in a more timely and expeditious manner. The General Plan revision work undertaken prior to January 20, 1986 had revealed that significant additional traffic improvements and/or changes in traffic generation and distribution are necessary to maintain acceptable levels of traffic service on the City's street system consistent with additional approved and proposed future development. The City has been unsuccessful in securing funding or construction authorization for all currently needed traffic improvements which have been determined necessary to service approved and proposed development projects. Necessary traffic improvements are not currently authorized in the State Transportation Improvement Program nor are they otherwise funded or authorized. Further, the City does not currently have detailed General Plan policies, zoning ordinance provisions or other funding or authorization to significantly reduce traffic generation or modify traffic distribution so as to reasonably insure that acceptable levels of traffic service are maintained in the immediate future. Partially as a result of these findings, an ad hoc committee formed after the first Planning Commission public hearing on the draft East San Rafael Neighborhood Plan formulated numerous recommendations to the City Council for short and long term traffic improvements. Foremost among those was the committee's recommendation that approval of new development in the East San Rafael area be delayed for 90 to 120 days. Also as a result of General Plan revision findings prior to January 20, 1986 and of current and expected future traffic conditions in San Rafael, representatives of an organization called San Rafael Citizens for Better Government have indicated that organization's interest in placing on the June 1986 ballot an initiative calling for a two-year building moratorium in San Rafael. In the past few years, significant additional commercial development has been constructed in San Rafael resulting in - 2 - r� the creation of many new employment opportunities for residents and non-residents. Those new developments have included among others Fireman's Fund Lucas Green expansion, Smith Ranch Plaza, First California Mortgage building, Regency Center, Quail Hill Office Building, Northgate Mall expansion, Marin Executive Center, Bellam Venture building, Phoenix Leasing, Ferro Plaza, Federal Express building, San Rafael Bay Park, Exogan building, and Marin Savings and Loan Building. At the same time, few residential developments have been constructed. The only sizeable residential projects constructed the past few years have been Spinnaker Point, Captain's Cove, Meadow Oaks, Rotary Manor and Villa Marin. Few new rental residential units have been constructed in the past several years. Consequently, the General Plan revision is intended to include more detailed study of the jobs/housing balance issue than did the 1974 San Rafael General Plan. By reason of the matters set forth hereinabove, and as a result of information received, testimony heard and data presented by staff at duly noticed public hearings conducted on January 20, 1986, and March 3, 1986, the City Council found on January 20, 1986 that there exists and does hereby find that there continues to exist a current and immediate threat to the public health, safety or welfare in that approval of additional subdivisions, land use permits and other entitlements as described herein could well result in approval of developments which would create further irreversible adverse traffic impacts and which may well be inconsistent with land use designations, densities and intensities to be contained in the upcoming revision of the San Rafael General Plan. 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 subdivisions, annexations, prezonings or rezonings, land use permits, building permits, grading permits, other entitlements for use or environmental documents shall be accepted, processed, approved or granted while this ordinance remains in effect. Provided, however, that these restrictions shall not apply to the following: - 3 - I,— (a) Development projects for which a building permit(s) including foundation permits was/were issued prior to January 7, 1986. (b) Electrical, plumbing, mechanical, swimming pool and hot tub permits for existing structures or projects or those structures or projects for which a building permit has been issued prior to January 7, 1986. (c) Building permits for repairs, modifications, alterations, and/or replacements of residential or commercial structures in existence prior to January 7, 1986, when such repairs, modifications, alterations, and/or replacements do not result in significant changes in use or increases in intensity/density of use. (d) Demolition permits otherwise consistent with City ordinances, resolutions and policies. (e) Grading permits for development projects exempted by this ordinance. (f) Encroachment permits for construction in/on public right-of-way associated with structures in existence or development which has received all discretionary City approvals prior to January 7, 1986. (g) Review, approval and recordation of final subdivision maps when the owner/applicant has a valid approved tentative map on January 7, 1986; in conjunction herewith and prior to recordation of any such final map(s), the City shall certify in writing that all conditions of the tentative map have been satisfied or adequate security has been posted to insure same. (h) Lot line adjustments, certificates of compliance, lot mergers and lot splits on improved real property when such split is determined by the Planning Director to be consistent with existing legal conforming use and zoning of the land as of January 7, 1986, and to require no exception to the San Rafael Subdivision Ordinance. (i) Changes of commercial occupancy of the same general type as previously existing in a structure/at a site - 4 - when the Planning Director has determined that no increase in peak period traffic generation would be occasioned thereby. (j) Tenant improvements and/or occupancies in buildings existing on, or issued building permits prior to, January 7, 1986, or which are otherwise exempt from the provisions of this Ordinance, and are consistent with all other zoning regulations of the City. (k) Permits in connection with minor modifications of commercial and/or public structures/sites in existence on, or issued building permits prior to, January 7, 1986, or which are otherwise exempt from the provisions of this Ordinance and are consistent with all other zoning regulations in the City, when the Planning Director has determined that no increase in peak period traffic generation would be occasioned thereby. (1) Single family dwelling units including townhouses, and condominiums on legal lots in existence or in connection with single family development projects for which a fully approved tentative subdivision map has been filed prior to January 7, 1986, following submittal, review, approval and recordation by the City of a final subdivision map pursuant to (g) above. (m) Additions, modifications and minor expansions of dwelling units in existence on, or issued building permits prior to, January 7, 1986, or which are otherwise exempt from the provisions of this Ordinance and are consistent with all other zoning regulations in the City when the Planning Director has determined that no increase in the number of total units would result therefrom. (n) Child care facilities. (o) Construction, maintenance and repair of public or private road, sanitary sewer, water, drainage, transit, solid waste, other utility, non-commercial recreational, educational or religious facilities. '=&I= (p) Certificates of compatibility, sign permits and animal permits. (q) Variances, use permits, design review, and other entitlements to use for development exempted by this ordinance. (r) Reconstruction and repair of property damaged by fire, earthquake, flood or other catastrophic occurrence. (s) Construction deemed necessary by the City Council to preserve the public health and safety or to abate a public nuisance. (t) Development for which a development agreement pursuant to relevent California Government Code provisions has been executed prior to January 7, 1986. (u) Permits associated with the designation, preservation and/or renovation of a City historic landmark. (v) Permits needed to construct rental residential units on an in -fill site so long as no rezoning is needed and complete applications were filed prior to January 7, 1986. (w) Permits that authorize minor changes to already approved or otherwise exempt projects. (x) Permits associated with development consistent with a specific Memorandum of Understanding between the City and another public agency, which Memorandum was executed prior to January 7, 1986. (y) Public parking facilities and any private parking facilities which do not result in significant intensification of a land use and/or increase in peak period traffic. (z) Use permits required under the provisions of Ordinance No. 1526. Such a use permit's potential to prejudice the outcome of the General Plan revision or related zoning actions may however be a basis for the City to deny said permit. (aa) Permits for condominium subdivision of existing or otherwise exempt non-residential development. (bb) Residential projects for which a Mortgage Revenue Bond allocation had been made prior to and remained valid on January 7, 1986. DIVISION 4. With regard to any land use/development project(s) and/or environmental document(s) under review by the City of San Rafael on the date of adoption of this ordinance, no further processing of said application(s) and/or environmental document(s) shall occur and no further improvements shall be installed on or off the site of said real property, and no building permits may be applied for or issued in conjunction with said project(s) unless the proposed development project is found to be exempt by provision of this ordinance. Except for projects specifically exempted under DIVISION 3, City staff shall not accept applications for land use/development projects after January 20, 1986; 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 the issuance of planning permits described in Division 3 above may be appealed to the City Council. Any such appeal shall set forth the basis upon which the appeal is made, setting forth all relevant factors, shall be addressed to the City Council and shall be filed in the office of the City Clerk within five work days following the administrative decision of the Planning Director. The decision of the City Council on hearing any said appeal(s) shall be final. DIVISION 6. Any permits issued, or for which a time extension request was filed, prior to January 7, 1986, shall remain valid for the originally approved duration plus any additional period of time that this ordinance remains in full force and effect. The Planning Director may recommend to the appropriate legislative body that an existing short term use permit for an interim use be terminated at the original expiration date. The legislative body shall consider the Planning Director's recommendation at a duly noticed public hearing. DIVISION 7. The City Council may, by ordinance adopted after a duly noticed public hearing, by the affirmative vote of at least four councilmembers, modify, amend, delete, - 7 - or add to this ordinance upon a finding that such action will implement and enforce the goals, policies, and purposes of this ordinance. DIVISION 8. 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 or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 9. This ordinance is hereby declared to be an urgency 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 and against the same at least once in a newspaper of general circulation published in the City of San Rafael. LAWRENCE E. MULRYAN, Nfayor Attest: Jl(�PITE M. LEONCIN , City 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) of the members thereof, at a regular meeting held on the Third day of March 1986, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA E M- LEONCINI, City Clerk