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Home My WebLink AboutOrdinance 1371 (Various Zoning Changes)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. 1371 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS: 14.08.070; 14.10.040(c); 14.13.130(b); 14.13.130(d); 14.15.010; 14.16.025; 14.20.025; 14.75.020; 14.75.030(b); 14.75.050(j); 14.88.020; and 14.92.020; REPEALING SECTIONS: 14.16.020(e) and 14.20.020(g); and ESTABLISHING CHAPTER 14.61 ENTITLED: 110: OPEN SPACE DISTRICT" OF TITLE 14, ZONING, OF THE SAN RAFAL MUNICIPAL CODE 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 5th day of May , 1980, published as required by City Charter in the Independent -Journal , a newspaper printed and 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 19th day of May , 1980, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official_ seal of the City of San Rafael this 21st day of May , 1980. 14 - JE Al: LEONCINI, City Clerk ORDINANCE NO. 1371 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS: 14.08.070; 14.10.040(c); 14.13.130(b); 14.13.130(d); 14.15.010; 14.16.025; 14.20.025; 14.75.020; 14.75.030(b); 14.75.050(j); 14.88.020; and 14.92.020; REPEALING SECTIONS: 14.16.020(e) and 14.20.020(g); and ESTABLISHING CHAPTER 14.61 ENTITLED "0: OPEN SPACE DISTRICT" OF TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Section 14.08.070 of the San Rafael Municipal Code is hereby amended by adding the following definitions thereto: "Floor area, net leasable" is the total square footage floor area of the building minus the following areas as measured from the center of enclosing walls, public corridors, interior stairways, restrooms, mechanical equipment areas, elevator shafts, and storage closets under 50 square feet. DIVISON 2. Section 14.10.040(c) of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.10.040(c) Upon receipt of the application, the Planning Director shall, within 30 days, determine whether or not the application meets the requirements of this Title. If it meets the requirements of this Title and is accompanied by evidence that the proper fee has been paid, the Planning Director shall deem the application to be filed and shall process same. If the requirements of this Title have not been complied with, he shall notify the applicant in writing and specify what is needed in order that the application may be filed. DIVISION 3. Section 14.13.130(b) of the San Rafael Municipal Code is hereby amended by adding the words: "net leasable" after the words "200 square feet of". DIVISION 4. Section 14.13.130(d) of the San Rafael Municipal Code is hereby amended by adding the words: "net leasable" after the words "200 square feet of". DIVISION 5. Section 14.15.010 of the San Rafael Municipal Code is hereby amended by adding to the list of established districts the following: Open Space or 0 District 0RUGINAL -1- GRDINANCE NO. 1371 DIVISION 6. Section 14.16.025 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.16.025 Use Permit. DIVISION 7. Section 14.20.025 "Use Permit" of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.20.025 Use Permit. The following uses are permitted subject to obtaining a use permit in each case: (a) Group Care Facilities. DIVISION 8. Section 14.75.020 "Uses" of the San Rafael Municipal Code is hereby amended by adding subsection (k) to read in its entirety as follows: 14.75.020(k) Pursuant to Welfare and Institutions Code, Section 5115 et seq., family care facilities serving six or fewer persons shall be treated as a single family use. DIVISION 9. Section 14.75.030(b) of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.75.030(b) No fence, hedge, or similar screen planting of any kind shall be constructed, grown, maintained or permitted to exceed six feet in height within any required rear yard, or side yard to the rear of a required front yard. No fence, hedge, or similar screen planting of any kind shall be constructed, grown, maintained, or permitted to exceed three feet in height within any required front yard, or within fifteen feet of the street corner of any corner lot. DIVISION 10. Section 14.75.050(j) of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.75.050(j) No swimming pool shall encroach on any required front yard setback. No hot tub shall encroach on any required front yard setback or be less than five feet away from any property line. No pump or filter installation shall be less than five feet from any property line. DIVISION 11. Section 14.88.010 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: - 2 - ORDINANCE NO. 1371 14.88.010 Expirations. (a) Environmental Design Review, Use Permit, Variances, Animal Permits. The approval is valid for one year. The approval shall lapse and become null and void at the end of one year if the applicant has not pursued completion of the project and applied for building permits and business licenses. If more than one phase of a project is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the year. Prior to the expiration date, the applicant may apply to the Planning Director for a one-year extension. Any further extensions shall require Planning Commission approval. (b) Planned Zones. The approval is valid for 18 months. The approval shall lapse and become null and void at the end of 18 months if the applicant has not pursued completion of the project and applied for subdivision and building permits. If more than one phase of a project is approved in a single action and no phasing schedule is specified, the approval shall expire and become null and void if there is an 18 -month lapse between any of the following: subdivision approval; permits. (1) Zoning approval and tentative subdivision; (2) Tentative subdivision approval and final (3) Final subdivision approval and building Prior to the expiration date, the applicant may apply to the Planning Commission for an 18 -month extension. DIVISION 12. Section 14.88.020 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.88.020 Revocation for Violations. Any zoning permit, use permit, or variance granted in accordance with the terms of this Title may be revoked if any of the conditions or terms of such permit or variance are violated or if any law, Ordinance, or provision of this Code is violated in connection therewith. In such case, the - 3 - ORDINANCE NO. 1371 Planning Commission shall hold a hearing on the proposed revocation and determine whether the permit shall be revoked, modified, or remain in effect. The permittee shall be given at least ten days' written notice prior to the meeting. DIVISION 13. Section 14.92.020 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 14.92.020 Initiation. An amendment may be initiated by: (1) Application of one or more owners of property affected by the proposed amendment, which application shall be filed in accordance with the procedures set forth in Chapter 10; or by (2) Action of the City Council; or by (3) Action of the Planning Commission; or by (4) Action of the Planning Director and Chairman of the Planning Commission. DIVISION 14. Section 14.16.020(e) of the San Rafael Municipal Code is hereby repealed in its entirety. DIVISION 15. Section 14.20.020(8) of the San Rafael Municipal Code is hereby repealed in its entirety. DIVISION 16. Title 14, Zoning, of the San Rafael Municipal Code is hereby amended by establishing Chapter 14.61 entitled 110: Open Space District", and shall read, in its entirety, as follows: CHAPTER 14.61 - 0: OPEN SPACE DISTRICT Section 14.61.010 Regulations Applicable in 0 Districts. 14.61.020 Uses Permitted. 14.61.030 Use Permit. 14.61.010 Regulations Applicable in 0 Districts. The regu- lations set forth in this Chapter shall apply to all 0 Districts and shall be subject to the provisions of Chapter 14.75 of this Code. 14.61.020 Uses Permitted. Open, undeveloped land in its natural state, including tidelands. 14.61.030 Use Permit. The following uses are permitted, subject to obtaining a use permit in each case: (a) Grazing; (b) Agricultural Uses; (c) Aquacultural Uses. ORDINANCE NO. 1371 DIVISION 17. 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 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 18. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. L E. 'lkRk�N, Mayor Attest: E"M.L6NCINI CitJ Ay Clerk The foregoing Ordinance No. 1371 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 5th day of May , 1980, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & -layor Mulryan 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 lAth day of May , 1980. J A`NE` M. LEONCINI, City Clerk =A=