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HomeMy WebLinkAboutCC Resolution 10712 (General Plan 2000 Amendments)RESOLUTION NO. 10712 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A NEGATIVE DECLARATION FOR AMENDMENTS TO THE SAN RAFAEL GENERAL PLAN 2000 AND ZONING ORDINANCE TEXT AMENDMENTS TO EXPAND RETAIL USES IN THE HETHERTON OFFICE DISTRICT AND UPDATE TO THE GENERAL PLAN PROGRAM PRIORITIES CHART (GPA00-4 / ZC00-9). The City Council of the City of San Rafael finds and determines that: WHEREAS, in 1996, the City of San Rafael established the Hetherton Office District General Plan land use designation and zoning district for the eastern entrance to Downtown San Rafael. The Hetherton Office District was established to promote the area as a transportation hub and an office center, with second floor office use and "business support" retail uses on the ground floor. The Hetherton Office District does not permit general retail uses and services; and WHEREAS, since 1996, the City of San Rafael Department of Community Development has received numerous inquiries and requests to establish ground -floor, general retail uses along the Fourth Street corridor of the Hetherton Office District. However, the current limits on retail uses in this district have discouraged the leasing of available ground -floor space along the Fourth Street corridor to viable, general retail uses and services. Likewise, a majority of the properties in this district that front on Fourth Street are occupied by general retail uses and services, which are considered legal, nonconforming uses in this district; and WHEREAS, in May 2000, the City of San Rafael initiated an amendment to the San Rafael General Plan 2000 and the City of San Rafael Zoning Ordinance (Title 14 SRMC) to expand the list of permitted retail uses for ground -floor properties with frontage on Fourth Street. Concurrently, the City initiated an overdue update of the General Plan Program Priorities Chart; and WHEREAS, consistent with the requirements of the City of San Rafael Environmental Review Procedures and the provisions of the California Environmental Quality Act (CEQA), an Initial Study and Negative Declaration was prepared finding that the proposed amendments to the San Rafael General Plan 2000 and the City of San Rafael Zoning Ordinance (Title 14) would not result in sigriificant environmental effects; and WHEREAS, notices regarding the Initial Study/Negative Declaration prepared for this project, as well as the amendments to the San Rafael General Plan 2000 and the City of San Rafael Zoning Ordinance were: a) published in a local newspaper of general circulation in the area and b) mailed to surrounding property owners within 300 feet, pertinent agencies, organizations and special interest groups. Copies of the Initial Study/Negative Declaration were made available for a 20 -day review period commencing on August 9, 2000; and F , l WHEREAS, on August 29, 2000 the San Rafael Planning Commission held a duly noticed public hearing on the Initial Study/Negative Declaration, accepting all oral and written public testimony and written report of the Community Development Department Staff. On a 6-0- 1 vote (O'Brien absent) recommended to the City Council the adoption of the Negative Declaration; and WHEREAS, on September 18, 2000, the City Council held a public hearing on the proposed Initial Study/Negative Declaration, accepting public testimony and written report of the Community Development Department. NOW, THEREFORE, BE IT RESOLVED, that the San Rafael City Council does hereby adopt the Negative Declaration based on the findings that a) the Initial Study/Negative Declaration has been prepared in accordance with the requirements of the City of San Rafael Environmental Review Procedures and the provisions of the California Environmental Quality Act (CEQA) and b) the project will not result in a significant effect on the environment. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held Monday, the eighteenth of September, 2000, by the following vote to wit: AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Miller JEANNE M. LEON—"INI, City Clerk