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HomeMy WebLinkAboutOrdinance 1289 (Zoning Administrator)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. 1289 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 14.82 ENTITLED, "ZONING ADMINISTRATOR" 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 6th day of February 19 78 . Published as re- quired by City Charter in the San Rafael Pointer. , 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 21st day of February 19 78 -by the following vote, to -wit: Ayes: Councilmen: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini WITNESS my hand and the official seal of the City of San Rafael this 9th day of March 19 78 J6LM. LEONCINI, ity Cler ORDINANCE NO. 1289 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 14.82 ENTITLED "ZONING ADMINISTRATOR" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 14., Zoning, of the San Rafael Municipal Code is hereby amended by adding thereto Chapter 14.82, Zoning Administrator, which shall read in its entirety as follows: Chapter 14.82 - ZONING ADMINISTRATOR Sections: 14.82.01 Establishment of the Zoning Administrator. 14.82.02 Appointment. 14.82.03 Actions of the Zoning Administrator. 14.82.04 Adoption of Procedures. 14.82.05 Notification of Action on Applications. 14.82.06 Referral to Planning Commission. 14.82.07 Appeals Procedure. 14.82.01 Establishment of the Zoning Administrator. The Office of Zoning Administrator is created pursuant to Section 65900 of the Government Code. The purpose of the Zoning Administrator process is to enable less complicated applications to be acted upon in a less costly, more expeditious manner, while still providing the public and applicant full notification of and participation in the zoning review process. 14.82.02 Appointment. The City Manager shall appoint the Zoning Administrator, who shall be either the Director of Planning or another employee of the City of San Rafael. When the Zoning Adminis- trator is other than the Planning Director, that person shall be di- rectly responsible to the Planning Director while acting in the capac- ity of Zoning Administrator. 14.82.03 Actions of the Zoning Administrator. The Zoning Administrator shall hear and have the power to approve, approve with conditions, deny, or refer to the Planning Commission the following items: (a) Variances (1) Encroachment into required setbacks. (2) Parking in required setbacks. (3) Number of parking spaces. (b) Use Permits (1) Time extensions, unless specifically exempted by the Planning Commission at the time of original approval. (2) Amendments that do not alter the basic functions of the approved use. (3) Motor vehicle service. (4) Elevated decks. (5) Fences. (6) Earth fill up to 5,000 cubic yards or excavation up to 1,000 cubic yards. (7) Additions, enlargements, and/or main- tenance of nonconforming structures. (8) Use of substandard lots for residential or commercial construction. (9) Outside storage. (10) Dwelling groups. (c) Animal Permits (d) Environmental and Design Review - Amendments that do not alter the basic site layout or appearance approved by the Planning Commission. (e) Such other items as the Planning Commission may delegate by Resolution passed by a majority vote of the entire membership of the Planning Commission. 14.82.04 Adoption of Procedures. It shall be the duty of the Zoning Administrator to establish, subject to approval by the Planning Commission, rules and procedures necessary to process, re- view, notify, and make findings and a determination of the items set forth in Section 14.82.03. - 2 - 14.82.05 Notification of Action on Applications. (a) Each application under this Chapter shall be considered and acted upon by the Zoning Administrator after a re- view of the application at a scheduled meeting. (b) Prior to the meeting, a notice shall be sent to the applicant, the contiguous property owners, and other interested or affected parties in accordance with the approved notification pro- cedures of the City of San Rafael. (c) Prior to the meeting, a listing of items to be considered shall be sent to each member of the Planning Commission and City Council. (d) The Zoning Administrator shall schedule such meetings and be responsible for the placement of items on the agenda. At the meeting, the applicant shall have the right to present state- ments, evidence, and witnesses in support of his application, and any other person may be heard and present evidence either in opposition or in support of the application. Immediately after each meeting, a record of actions taken shall be conveyed to the Planning Commission and City Council. 14.82.06 Referral to Planning Commission. When, in the opinion of the Planning Director, any matter set forth in Section 14.82.03 is of a size, importance or unique nature such that he judges it not to be a routine matter, he may place it directly on the agenda of the Planning Commission for determination in lieu of having it processed by the Zoning Administrator. 14.82.07 Appeals Procedure. The decision of the Zoning Administrator shall become effective after a five (5) day appeal period. Appeals shall be made to the Planning Commission in writing and filed with the Secretary of the Planning Commission. The appeal shall set forth the basis upon which the appeal is made and include all relevant factors. Any such appeal shall suspend the decision of the Zoning Administrator pending Planning Commission action on the application. DIVISION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, - 3 - 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, entence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 3. 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. 'OAg94AZ44 C. PAU�TTI I, Mayor Attest: J � M. 11;Clerk Y The above and foregoing Ordinance No. 1289 was read and introduced at a reqular meeting of the City Council of the City of San Rafael, held on the sixth day of February 1978, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mi s ki men, Mul ryan and Mayor Betti ni NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 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 21st day of February , 1978. JE E �I. LEONCINI, City Clerk M,=