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Home My WebLink AboutOrdinance 1858 (524 Mission Ave.)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. 1858 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-02) TO RECLASSIFY CERTAIN REAL PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (MR2.5) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (MR2) DISTRICT AT 524 MISSION AVENUE; APN: 014-013-05" 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 16th day of Julv. 2007. a SUMMARY of Ordinance No. 1858 was 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 6th day of August. 2007, 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 August, 2007 A. ANNE M. IrNCINI City Clerk ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-02) TO RECLASSIFY CERTAIN REAL PROPERTY FROM MEDIUM DENSITY RESIDENTIAL (NM.5) DISTRICT TO MEDIUM DENSITY RESIDENTIAL (MR2) DISTRICT AT 524 MISSION AVENUE; APN 014-013-05 WHEREAS, on March 10, 2006, West Bay Builders, the project sponsor, submitted an application to the Community Development Department requesting approval of a Rezoning from Medium Density Residential (MR2.5) District to Medium Density Residential (MR2) District to allow redevelopment of the property at 524 Mission Avenue for townhouse condominiums, and on May 24, 2006, the application was deemed complete for processing; and WHEREAS, the Rezoning request was filed concurrently with applications for an Environmental and Design Review Permit (ED06-24) and Tentative Condominium Map (TS06- 01), which are being processed concurrently with the Rezoning application; and WHEREAS, upon review of the subject applications a Draft Initial Study and Mitigated Negative Declaration were prepared consistent with the requirements of the California Environmental Quality Act and circulated for public comment; and WHEREAS, based upon comments received from the State agencies and local citizens in response to the Initial Study and Notice of Preparation comment periods, a Draft Environmental Impact Report was prepared to address potentially significant impacts related to Cultural Resources and Utilities and Infrastructure; and WHEREAS, the Draft Environmental Impact Report was circulated for a 45 -day public comment period beginning on April 3, 2007 and closed on May 18, 2007; and WHEREAS, the Planning Commission held a duly noticed public hearing to accept comments on the Draft Environmental Impact Report on May 15, 2007 and directed staff to prepare a Final Environmental Impact Report; and WHEREAS, the Planning Commission has considered the responses to comments contained in the Final Environmental Impact Report and has recommended the City Council certify that it complies with the requirement of CEQA and that a Statement of Overriding Considerations be adopted with regard to the significant unavoidable impact upon Cultural Resources in a separate resolution; and WI IEREAS, on June 26, 2007, the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Rezoning and related project applications including an Environmental and Design Review Permit and Tentative Condominium Map, accepting all oral and written public testimony and the written report of the Community Development Department staff; and on a 5-0-1-1 vote recommended to the City Council approval of the Rezoning; and WHEREAS, on July 16, 2007, the City Council held a duly -noticed public hearing to consider a proposed ordinance approving the Rezoning of the subject property from Medium Density Residential (MR2.5) District to Medium Density Residential (MR2) District and h considered all oral and written public testimony and the written report of the Community Development Department. NOW, THEREFORE, THE CITY COUNCIL OF TME 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 MR2.5 to MR2- for the property at 524 Mission 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 townhouse condominium use would be a principally permitted use within the proposed Medium Density Residential land use designation (Policies LU -8 and H -18b); b) has been reviewed by the Design Review Board for compatibility of colors, materials, scale and building and site design with surrounding development (Policies H-3, NH -2, NH -125, CD- ld and CD19a); c) would provide two below market rate affordable housing units and meet requirements for a State Density Bonus to permit 15 units and provide sufficient parking for a project under State Density Bonus law (Policies H -19a, H-21, NH -129); d) incorporates mitigation measures to preserve the history of structures (Policy CD -4b); e) 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 (Policy C-5); f) would mitigate noise to acceptable levels ( Policies N -la, N-2 and N-3); g) would incorporate conditions to meet seismic safety design standards (Policies S-3, S-4, S-6); and h) would be conditioned to minimize impacts upon energy consumption and water quality (Policies CON -22 and AW -8). 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 the development plan conforms with City standards as discussed in Finding 1. Furthermore, an Environmental Impact Report 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 with the exception of Cultural Resources for which a Statement of Overriding Considerations has been made, through adoption of a separate resolution, in relation to demolition of structures that meet the criteria for significance on the California Register. 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 sections, subsections, sentences, 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 f LBERT ORO, May r ATTEST: JWNS M. LEONCNI, City Clerk The foregoing Ordinance No. 1858 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 16th day of July, 2007, 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 6"' day of August, 2007. (AANNE M. L.EONCINI, City Clerk Attachments: Exhibit "A" (Amendment to San Rafael Zoning Map) ey"'tAle'l-f ^ 5 A vke-400fFRo - STJtEET_ 1368 2.5 1 -i6g 141' 4 Mir, 12 lafic z 1330 r 327 B__PACHECO S%l 1323, JU�13l'i AVENUE t.,,3 16 1315 i3 4 r L ��c r LAUREL r, PACE ty I MISSION AVE, 7,77 w tT Fv c;—,— AVENUE FIFTH 1011 D c_ - D tc, ;rte lam' A'AAS SCALE �D FEET 2013 ry LLE _j 1222 C 1220 z. La Rw MISSION AVE. — Lo Lr. to 1�4 r) .0 FIFTH AVENUE