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Home My WebLink AboutOrdinance 1817 (SR Improvement Club Property)CLERK'S CERTIFICATE I, JEANNE M. LEONCI I, 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. 1817 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC03- 002) TO RECLASSIFY CERTAIN REAL PROPERTY FROM HIGH DENSITY MULTIFAMILY RESIDENTIAL (HR1.8) DISTRICT TO RESIDENTIAL/OFFICE (R/O) DISTRICT AT 1800 FIFTH AVENUE (APN: 010-291-16) (FORMER SAN RAFAEL IMPROVEMENT CLUB PROPERTY)" 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 15th day of December, 2003, a SUMMARY of Ordinance No. 1817 was published as required by City Charter in the MARN 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 Januarv. 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 9th day of January, 2004 JEA1S M. LEONCINI, City Clerk ORDINANCE NO. 1817 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC03-002) TO RECLASSIFY CERTAIN REAL PROPERTY FROM HIGH DENSITY MULTIFAMILY RESIDENTIAL (HR1.8) DISTRICT TO RESIDENTIAL/OFFICE (R/O) DISTRICT AT 1800 FIFTH AVENUE; APN 010-291-16 (FORMER SAN RAFAEL IMPROVEMENT CLUB PROPERTY) WHEREAS, on April 7, 2003, an application was received by the Community Development Department requesting approval of a Rezoning from High Density Residential (HR1.8) District to Residential/Office (R/O) District to allow use of the property for professional offices at 1800 Fifth Avenue, and on July 23, 2003, the application was deemed complete for processing; and WHEREAS, the Rezoning request was filed concurrently with applications for an Environmental and Design Review Permit (ED03-039) and General Plan Amendment (GPA03- 001), which were processed concurrently with the Rezoning application; and WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative Declaration was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council adopted a Mitigated Negative Declaration and approved a General Plan Amendment for the project on December 15, 2003, by adoption of separate resolutions; and WHEREAS, on November 12, 2003, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Rezoning, accepting all oral and written public testimony and the written report of the Community Development Department, and on a 6-0-0-1 vote recommended to the City Council approval of the Rezoning; and WHEREAS, on December 15, 2003, the City Council held a duly -noticed public hearing to consider a proposed ordinance approving the Rezoning of the subject property from High Density Residential (HR1.8) District to Residential/Office (R/O) District and considered all oral and written public testimony and the written report of the Community Development Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The City Council of the City of San Rafael hereby makes the following findings, as required under Zoning Ordinance Section 14.27.060 in approving the Rezoning from HR1.8 to R/O for the property at 1800 Fifth Avenue, as shown in Exhibit "A" attached to this Ordinance: The proposed amendment is consistent in principal with the General Plan in that: a) the proposed office use would be a principally permitted use within the proposed ORIGINAL ,��^ Residential/Office land use designation (Policy LU -13); b) would include a building that is 24 feet in height (Policy LU -21); c) has been reviewed by the Design Review Board for compatibility of colors, materials, scale and building and site design with surrounding development (Policy LU -35); d) would include adequate creek setbacks for maintenance and erosion control, and preserves a historically important building (Policy LU -36); e) would create local employment while mitigating adverse impacts (Policies LU -37 and LU -38); f) would not cause traffic to exceed established parameters and would contribute its fair share toward traffic improvements in the area of San Rafael that would be affected by the proposed development (Polices C-2 and C-18); g) would mitigate noise to acceptable levels ( Policy N- 11); h) would avoid water quality and natural habitat impacts and protect cultural resources by including vegetated swales, maintaining adequate creek setbacks, and employing pre - construction site investigations (Policies NE -12, NE -17 and NE -23); and i) and has been reviewed and conditioned to incorporate fire and crime prevention techniques by the City's Police and Fire Departments (Policies S-21 and S-23). 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 conforms with City standards as discussed in Finding 1. Furthermore, a Mitigated Negative Declaration has been prepared and adopted for the project that evaluated potential environmental impacts of the project and determined impacts would be less -than -significant based on incorporation of mitigation measures. 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, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, clauses or phrases may be declared invalid. DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. A/ALfR/J. ORO)Mayor ATTEST: JEA$TNE M. LEONCINI, City Clerk The foregoing Ordinance No. 1817 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 15th day of December, 2003, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 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 5h day of January, 2004. YEANNE M. LEONCINI, City Clerk Attachments: Exhibit "A" (Amendment to San Rafael Zoning Map) Amendment to San Rafael Zoning Map 1800 Fifth Avenue APN: 010-291-16 File No.: ZC03-002 Area to be Rezoned to Residential/Office: 5 5th Ave - 0 0 s 4th St- cv EXHIBIT A