HomeMy WebLinkAboutOrdinance 1780 (Parking Lot Third & C)CLERK'S CERTIFICATE
I, JEANNE M. LEONCII\TI, 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. 1780 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING ZONING
ORDINANCE SECTION 14.16.190 TO ADD A PROVISION FOR AN 18 -
FOOT HEIGHT BONUS FOR PUBLIC PARKING TO THE PORTION OF
THE SECOND/THIRD MIXED USE WEST DISTRICT LOCATED NORTH
OF THIRD STREET AND EAST OF "C STREET (APN 011-255-09, 10, 13,
14, 15, 18 AND PART OF 26)"
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 May, 2002,
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 May, 2002, by the
following vote, to wit:
AYES:
COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
WITNESS my hand and the official
seal of the City of San Rafael this
23rd day of May, 2002
12�—S 1404z (:!!� . 9" R&-f.a - (Seal) Llfci
F,ol?JEANNE M. LEONCINI, City Clerk
ORDINANCE NO. 1780
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE SECTION
14.16. 190 TO ADD A PROVISION FOR AN 18 -FOOT HEIGHT BONUS FOR PUBLIC PARKING
TO THE PORTION OF THE SECOND/THIRD MIXED USE WEST DISTRICT LOCATED NORTH
OF THIRD STREET AND EAST OF C STREET
(APN 011-255-09, 10, 13, 14, 15, 18 and part of 26)
WHEREAS, on December 6, 2001, the San Rafael Redevelopment Agency submitted planning
applications to the City of San Rafael requesting approval of a new 400 -space parking structure at 900 C
Street, the northwest corner of Third and C Streets; and
WHEREAS, a Zone Change application was filed to add a provision to Zoning Ordinance
Section 14.16.190 allowing an 18 -foot height bonus for public parking to the portion of the Second/Third
Mixed Use West District north of Third Street and east of C Street, as well as applications requesting a
General Plan Amendment (GPA01-02), a Use Permit (UP01-61) and an Environmental and Design
Review Permit (ED01-144), to allow the granting of a height bonus and the construction of a 400 -space
public parking structure; and
WHEREAS, upon a review of the subject applications, an Initial Study was prepared consistent
with the requirements of the City of San Rafael Environmental Assessment Procedures Manual and the
California Environmental Quality Act (CEQA) Guidelines, finding that the proposed project would not
result in significant environmental impacts; and
WHEREAS, the City Council has recommended adoption of a Negative Declaration for the
project by adoption of a separate resolution; and
WHEREAS, on April 9, 2002, the San Rafael Planning Commission recommended approval of
the proposed Zone Change and related project applications including a General Plan Amendment, Use
Permit and Environmental and Design Review Permit; and
WHEREAS, on May 6, 2002, the San Rafael City Council held a public hearing on the proposed
Zone Change and related project applications including a General Plan Amendment, Use Permit and
Environmental and Design Review Permit, accepting public testimony and the written report of the
Community Development Department.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 1. San Rafael Zoning Ordinance Section 14.16.190 is hereby amended to allow an
18 -foot height bonus for public parking to the portion of the Second/Third Mixed Use West District
located north of Third Street and east of C Street, as shown on the attached Exhibit A, based on the
following findings:
The proposed amendment is consistent in principle with the General Plan in that the proposed
height bonus provision is consistent with the intent and provisions of General Plan Policies
LU -21 Building Heights, DT -D Diversity, DT4 Competing Concerns, DT -25d Height, and
Program DT -i Land use/zoning, by providing a height bonus consistent with the current
visual character and the visual character anticipated by the existing height and bonus
provisions of the General Plan, would add to the diversity of building heights Downtown, and
would balance the need for additional parking with the height increase.
GINM r�
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2. The public health, safety and general welfare are served by the adoption of the proposed
amendment in that it implements the General Plan and permits the development of needed
public parking in conformance with City standards.
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 City Council hereby declares that it would have adopted the ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more section, subsection,
sentence, clause or phrase may be declared invalid.
DIVISION 3. This Ordinance shall be published once in full before its final passage in a
newspaper of general cihulation, published and circulated in the City of San Rafael, and shall be in full
force and effect thirty (30) days after its final passage.
1-J
Al#b4rt J.�$oro, ayor
ATTEST:
JE h M LEON6NI, City Clerk
The foregoing Ordinance No. 1780 was read and introduced at the regular meeting of the San Rafael
City Council held on the 6th day of May 2002, and was ordered passed to print by the following vote to
wit:
AYES: Council Members: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
And will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the City
Council to be held on MAY 20 , 2002.
A.
M. LEONCINI, City Clerk
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EXHIBIT A
Zoning Ordinance Section 14.16.190 Height Bonus
A. Downtown Bonuses. A height bonus may be granted by a Use Permit approved by the Planning
Commission in the following Downtown zoning districts:
1. In the Fourth Street Retail Core, a 12 foot height bonus for any of the following:
a. Affordable housing, consistent with General Plan policy H-8.
b. Public courtyards, plazas and/or passageways, with the recommendation of the
Design Review Board that the public improvements are consistent with Downtown
Design Guidelines.
c. Public parking, providing it is not facing Fourth Street and it is consistent with the
Downtown Design Guidelines.
2. In the Lindaro District, on lots south of Second Street and fronting Lindaro Street, a 24 foot
height bonus for any of the following:
a. Park area adjacent to Mahon Creek, accessible to the public and maintained by the
property owner.
b. Community facility, 10,000 square feet or more in size. The facility must be
available to the public for cultural and community events, and maintained and
operated by the property owner.
3. In the Second/Third Mixed Use East District, a 12 foot height bonus for any of the following:
a. Affordable housing, consistent with General Plan policy H-8.
b. Public parking, providing it is consistent with the Downtown Design Guidelines.
c. Skywalks over Second or Third Streets, with the approval of the Traffic Engineer,
and the recommendation of the Design Review Board.
d. Mid -block passageways between Fourth Street and parking lots on Third Street, with
the recommendation of the Design Review Board that the design is attractive and
safe.
4. In the West End Village, a six foot height bonus for any of the following:
a. Affordable housing, consistent with General Plan policy H-8.
b. Public parking, providing it is consistent with the Downtown Design Guidelines.
c. Public passageways, with the recommendation of the Design Review Board that the
public passageway serves an important public purpose and is attractive and safe.
S. In the Second/Third Mixed Use West District, on lots located on the north side of Third Street
and east of C Street, an I8 foot height bonus for the following.•
a. Public parking, providing it is consistent with the Downtown Design Guidelines.
B. Lincoln Avenue Housing Bonus. A 48 foot height limit may be granted for residential
developments on Lincoln Avenue, consistent with Section 14.16.090 (Density Bonus).
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