HomeMy WebLinkAboutOrdinance 1771 (Marine Commercial-Canal Overlay and Water)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. 1771 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED
BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF
SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL
PROPERTY FROM MARINE, MARINE -CANAL OVERLAY AND WATER
(M, M -C AND W) DISTRICT TO MARINE COMMERCIAL -CANAL
OVERLAY AND WATER (MC -C, W) DISTRICT (ZC01-01) (171-181
THIRD STREET SHOPPING CENTER AND 201 THIRD STREET) (APNS
014-161-22 AND 23; 014-151-11) "
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 August, 2001,
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 20th day of August. 2001, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
ABSTAINING: COUNCILMEMBERS: Cohen (due to absence from meeting on
August 6, 2001)
WITNESS my hand and the official
seal of the City of San Rafael this
23rd day of August, 2001
/1.. 'Seal)
JE M. LEONCIN , City Clerk
ORDINANCE NO. 1771
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF
THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION
14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO
RECLASSIFY CERTAIN REAL PROPERTY FROM MARINE, MARINE -CANAL
OVERLAY AND WATER (M, M -C AND W) DISTRICT TO MARINE COMMERCIAL -
CANAL OVERLAY AND WATER (MC -C, W) DISTRICT (ZC 01-01)
(171-181 Third Street Shopping Center and 201 Third Street)
(APNs 014-161-22 AND 23; 014-151-11)
WHEREAS, Seagate Properties, on behalf of 171-181 Third Street Partners and 201
Third Street Partners, submitted an application to the Community Development Department,
Planning Division requesting a Rezoning of the 1.24 -acre 171-181 Third Street property and
0.88 -acre 201 Third Street property; and
WHEREAS, the Rezoning application requests that the properties' current Marine (M)
and Marine -Canal Overlay (M -C) District be changed to the Marine Commercial -Canal Overlay
(MC -C) District, and that the current Water (W) District remain unchanged; and
WHEREAS, upon review of the Rezoning application an Initial Study/Mitigated
Negative Declaration was prepared consistent with the requirements of the California
Environmental Quality Act. The City Council has adopted a Mitigated Negative Declaration for
the project under a separate resolution; and
WHEREAS, on April 24, 2001, and May 15, 2001, the San Rafael Planning Commission
held a duly -noticed public hearing on the proposed request and recommended denial; and
WHEREAS, on August 6, 2001 the San Rafael City Council has held a duly noticed
hearing on the proposed Rezoning request as required by State law and has considered written
correspondence, verbal testimony and the staff reports relevant to the proposed amendment.
NOW THEREFORE BE IT RESOLVED, that the City Council adopts the Rezoning
from Marine (M) and Marine -Canal Overlay (M -C) to Marine Commercial -Canal Overlay (MC-
C) District, as shown on Attachment "A" titled "Zoning Map, Sheet C-2 (dated 3/19/01)", based
on the following findings as required under Zoning Ordinance Section 14.27.060:
1. The proposed amendment is consistent in principle with the General Plan in that: 1) the
Marine Commercial Zoning District is consistent with the Marine -Related General Plan land
use designation which includes shopping centers and uses which draw people to the canal as
an allowable use; 2) the Rezoning request includes the adjacent parcels east of the Montecito
Shopping Center and does not constitute spot zoning, and; 3) consistent with Policy CB -21,
the Rezoning application has been accompanied by a concurrent request for approval of an
Environmental and Design Review Permit to install frontage landscaping improvements, an
affiGMAL
O�
extension of the canal walkway, and removal of cyclone fencing on the vacant 201 Third
Street and a Use Permit request to establish use of the property at 201 Third Street as an
overflow parking lot for Montecito Shopping Center, in order to ensure development of the
property with a connection to the Montecito Shopping Center.
2. The public health, safety and general welfare are served by the adoption of the proposed
Rezoning in that the Rezoning promotes redevelopment of the properties with new structures
and site improvements, promotes the extension of the walkway along the San Rafael Canal,
and provides for development of neighborhood serving retail uses which are encouraged
under the Montecito/Happy Valley Neighborhood Plan.
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 by reclassifying the following real property
from Marine and Marine - Canal Overlay (M and M -C) District to Marine Commercial -Canal
Overlay (MC -C) District, as shown on the proposed Rezoning map attached as Attachment "A".
Said property so reclassified is located at 171, 181 and 201 Third Street, San Rafael, as shown on
County Assessor's Parcel Number No. 014-161-22 and 23; 014-151-11, and described in the
legal description attached as Attachment `B".
DIVISION 2. 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 hereto, irrespective of the fact that any one or
more section, subsection, sentence, clause or phrase be declared invalid.
DIVISION 3. 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 full force and effect thirty (30) days after its final passage.
ALBERT J. BORO, Mayor
Attest:
JEA� EONCIM, City Clerk
The foregoing Ordinance Number 1711 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 6" day of August, 2001, and ordered passed to print
by the following vote, to wit:
AYES: Councilmembers: Heller, Miller, Phillips and ;payor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Cohen
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 20th day of August, 2001.
JE M. LEONCINI, City Clerk
ATTACHI,ENT "A"
ZONING MAP
APN I4-707-09
ZOWING P/p°
'7- TH/!gyp
57.
MOWEG70 �
CENO?
APN 14-161-23 j
APN 14-151-11 EXIST. ZL(NING. M
APN 14-151-1. �
ZON/NG MC -C EX7ST. ZOVING M -C
207 WIRD ST. I APN 14-161-02
iZCWIV.. M -C
171-181 THIRD STREET i
EXIST. ZONING M -C
APN 14-161-22
PROPOSED ZONING- MC -C
i
i
i
SET BAGY LINE
ZLN/NC. W I - ZQVING. W ZONING, W
M = MARINE
MC - MARINE COMMERCIAL SAN RAFAEL CANAL
C = CANAL Ol4RLAY
W - WA )TR 517E AREA'
P = PUBLIC 1.78Ac (77.333 sq./L)
OP = QUA -7 -PUBLIC
GRAPHIC SCALE
(IX !QT
ATTACIRTNT "B"
DESCRIPTION
P:11 that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
PARCEL ONE:
COMMENCING at the Northeasterly corner of that certain tract of land conveyed by S.K.
Herzog Co. to City of San Rafael recorded March 8, 1920 in Book 211 of Deeds at Page
440, Marin County Records, said corner also being on the Northerly right-of-way line of
the San Rafael Canal as described in that certain deed recorded in Book 225 of Deeds at
Page 431 (225 D 431), Marin County R6cords,"said corner also as shown on that certain
Record of Survey entitled, "South Line of Montecito Properties adjoining San Rafael
Canal 2689 O.R. 116" recorded in Book 18 of Official Surveys at Page 58 (18 O.S. 58),
Marin County Records; thence along the Southerly prolongation of the Westerly line, the
Westerly line and the Northerly prolongation of the Westerly line of that certain tract
of land conveyed by the City of San Rafael to Charles O. Jensen recorded June 5, 1906
in Book 99 of Deeds at Page 383, Marin County Records, North 170 02' 54" East 310.97
feet to the Southerly line of Third Street; thence along the Southerly line of Third
Street, South 620 39' 06" East 101.70 feet to the true point of beginning; thence
continuing along the Southerly line of Third Street, South 620 39, 06" East 26.11 feet;
thence South 640 33' 06" East, 36.28 feet to the Northwesterly corner of that certain
tract of land conveyed by Phillips Petroleum Company to Reproco, Inc. recorded March
8,1968 in Book 2195 of Official Records at Page 365 (2195 O.R. 365), Marin County
Records, said corner henceforth referred to as point "A"; thence leaving the Southerly
line of Third Street, along the line of said tract per 2195 O.R. 365, South 170 02' 54"
West 94.00 feet; thence South 640 33' 06" East, 139.50 feet; thence leaving the line of
said tract, South 170 02' 54" West, 158.89 feet to the Northerly right-of-way of the
San Rafael Canal per 225 D 431; thence along said line North 740 46' 36" West 199.68
feet; thence leaving said right-of-way line, North 170 02' 54" East, 289.60 feet to the
point of beginning.
PARCEL TWO:
BEGINNING at point "A" herein above referred to, thence along the line of Parcel One
herein above described, South 170 02' 54" West, 94.00 feet; thence South 640 33' 06"
East, 139.50 feet; thence leaving the line of said Parcel One and continuing along the
line of said tract per 2195 O.R. 365, North 170 02' 54" East, 94.00 feet to the
Southerly line of Third Street; thence continuing along the Southerly line of Third
Street, North 64" 33' 06" West, 139.50 feet to the point of beginning.
The basis of bearings of the above description is said Record of Survey 18 O.S. 58
which is based upon the 1927 California Coordinate System Zone 3. Distances as shown
hereon are ground distances. Reference deed bearings have been rotated clockwise 11
43' 54" to conform to said basis of bearings.
(Description continued on Dac-e L)
Page 1 of `L
201 Third Street:
Parcel One:
BEGINNING at a point on the Southerly line of Third Street, (Point San
Pedro Road), at the Northeasterly corner of that certain tract of land
conveyed by the San Rafael Development Company to Chas. O. Jensen by
Deed recorded March 14, 1905 in Book 99 of Deeds at Page 385, Marin
County Records; thence running North 15 19' East on a prolongation of
the Easterly line of said tract, 53.62 feet to a point; thence North
64 23' West 101.7 feet to a point which is North 15 19' West 23.07 feet
from the Northwesterly corner of the above mentioned tract; thence
South 15 19' West 23.07 feet to the Southerly line of Third Street and
thence South 48 43' East along said Southerly line of Third Street,
111.3 feet to the point of beginning.
Parcel Two:
BEGINNING at a point in the Southerly line of third Street; said point
being at the Northeasterly corner of that certain tract of land
conveyed by Jas. L. Flood, et al, to the E.K. Wood Lumber & Mill
Company by a Deed dated March 14, 1905 and recorded in Book 91 of Deeds
at Page 331, Marin County Records; running thence along the said
Southerly line of Third Street, South 48 43' East 111.3 feet to a
stake; thence leaving Third Street and running South 15 19' West 218.3
feet, more or less to the Northerly bank of the " Canal" ; thence
Westerly along the Northerly bank of said canal, 100 feet to the
Southeasterly corner of the tract of land conveyed to the E.K. Lumber &
Mill Company, first hereinabove mentioned; thence along said last
mentioned tract, North 15 19' East 269.3 feet, more or less, to the
point of beginning.
EXCEPTING from Parcel Two above that portion described by that certain
Deed executed by the Mosquito Abatement District No. 1, a public
corporation, to the City of San Rafael, a municipal corporation,
recorded July 20, 1960 in Book 1383 of Official Records at Page 459,
Marin County Records.
Page 2 of 2