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Home My WebLink AboutOrdinance 1848 (540 Francisco Blvd. West)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. 1848 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-007) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD 1497) DISTRICT TO FRANCISCO BOULEVARD WEST COMMERCIAL (FBWC) DISTRICT AT 540 FRANCISCO BLVD. WEST (APN: 013-051-33)" 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 20th day of February. 2007. 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 5th day of March. 2007. by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBERS: Cohen, Miller and Mayor Boro None None Heller and Phillips, due to absence from public hearing of February 20, 2007. WITNESS my hand and the official seal of the City of San Rafael this 13th day of March, 2007 4. `!fEANNE M. LEONCINI City Clerk ORDINANCE NO. 1848 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-007) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD -1497) DISTRICT TO FRANCISCO BOULEVARD WEST COMMERCIAL (FBWC) DISTRICT AT 540 FRANCISCO BLVD. WEST (APN 013-051-33) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, on October 20, 2006, an application was received by the Community Development Department requesting approval of a Zone Change of 540 Francisco Blvd. West from Planned Development (PD -1497) District to Francisco Boulevard West Commercial (FBWC) District to allow the reconfiguration of an auto dealership lot, and on November 17, 2006, the application was deemed complete for processing; and WHEREAS, the Zone Change request was filed concurrently with applications for a Use Permit (UP06-048) and Environmental and Design Review Permit (ED06-099), which are being processed concurrently with the Rezoning application; and WHEREAS, upon review of the subject applications it was determined that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15311(b) of the CEQA Guidelines which exempts the construction of minor structures accessory to existing commercial facilities such as small parking lots; and WHEREAS, on January 9, 2007, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Rezoning and related project applications, accepted all oral and written public testimony and the written report of the Community Development Department staff and on a 7-0 vote recommended approval to the City Council; and WHEREAS, on February 20, 2007, the City Council held a duly -noticed public hearing on the proposed Rezoning, accepted all oral and written public testimony, the recommendation of the Planning Commission for approval and the written report of the Community Development Department staff; and WHEREAS, the City Council, as required under Zoning Ordinance Section 14.27.060, finds that the proposed amendment is consistent in principle with the General Plan 2020 in that the proposed use would be consistent with (a) Policy LU -23 (Land Use Map and Categories) which defines land use categories and the appropriate uses and the change to FBWC zoning will allow the continued use of the site as a dealership and will put the entire facility owned by the Bacci Family Trust in one zoning designation; (b) Policy NH -103 Specialty Retail Uses which specifies upgrading and redeveloping portions of the Francisco Boulevard West area visible from Highway 101 with specialty retail commercial uses that capitalize on the Highway 101 visibility and the FBWC District was developed specifically for this area, the difference between the standards for the two districts is limited and the proposed development exceeds both district standards, and the FBWC zoning provides a greater means to focus and direct uses than the existing PD -1497, which makes no reference to the importance of the visibility of Francisco Blvd. West from Highway 101. WHEREAS, the City Council, as required by Zoning Ordinance Section 14.27.060, finds that the public health, safety and general welfare are served by the adoption of the proposed amendment in that it implements the General Plan and the development plan conforms with City standards as discussed in the findings above. Staff evaluated the project impacts and determined that it qualified for a Categorical Exemption under section 15311(b) of the CEQA Guidelines. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by section 14.01.020 of the Municipal Code, is amended to reclassify real property at 540 Francisco Blvd. West, (APN 013-051-33) as per legal description attached as Exhibit A, from Planned Development (PD -1497) to Francisco Boulevard West Commercial (FBWC). DIVISION 2. Any development of this property shall be subject to conditions contained in the Use Permit as required by the provisions of the FBWC District. DIVISION 3. 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 this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. DIVISION 4. 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, and shall be in force and effect thirty (30) days after its final passage. I AL ERT ORO Mavor ATTEST: nI = M. LEONCINI, City Clerk The Charter Ordinance No. 1848 was read and introduced at a regular meeting of the City Council of the City of San Rafael on February 20, 2007 and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Heller and Phillips 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 March 5, 2007. A. JE M. LEONCINI, City Clerk �V& M K�k EXHIBIT A DESCRIPTION Portion 447 -OR -31 & Portion 503 -OR -360 Marin County Records San Rafael Marin County California BEGINNING at the most southerly corner of lands described in deed conveyed to San Rafael Lumber Co., recorded February 18, 1946 in book 503 of Official Records at page 360; Marin County Records; thence N40°23'40"W (called N41°57'W) 283.48 feet along a line 99.99 feet northeasterly of, and at right angles to the southbound main track of the Northwestern Pacific Railroad Co., thence leaving said line N36°36139"E 333.87 feet to the southwesterly line of U.S. Highway Route No. 101, being the southwesterly line of lands described in deed conveyed to the State of California, recorded June 14, 1950, in book 650 of Official Records at page 308, Marin County Records; thence along said southwesterly line of U.S. Highway Route No. 101, being the southwesterly line of deeds recorded in book 650 of Official Records at page 308 and book 656 of Official Records at page 328, Marin County Records; along a curve whose center bears N36156'40"E, having a radius of 20,098.78 feet, a central angle of 0020'01", and an arc length of 117.05 feet; thence S53°23'21"E 159.17 feet to a point in the southeasterly line of lands described in deed conveyed to San Rafael Lumber Co., recorded February 18, 1946 in book 503 of Official Records at page 360, Marin County Records; thence along said line S36136139"W (called S35°20'W) 397.27 feet to the POINT OF BEGINNING. Containing an area of 2.317 acres more or less. The aforementioned bearings and distances are referred to the California Coordinate System Zone III. The mapping angle to Geodetic North is -1°14'02". To obtain ground distances mul- tiply all distances by 1.0000607. June 28, 1982 Prepared by JOSEPH GRIPPI & ASSOCIATES, INC. 1817 Grand Avenue San Rafael, California