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Home My WebLink AboutOrdinance 1752 (20-38 Gary Place Re-Zoning)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. 1752 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 THE O (OFFICE)) DISTRICT TO LI/O (LIGHT INDUSTRIAL / OFFICE) DISTRICT (LOCATED ON GARY PLACE); AP NO. 18-051-01,12,13,16 AND 17, 18-063-04 (ZC 00-01)" 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 19th day of June, 2000, a SUMMARY of Ordinance No. 1752 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 3d day of Tum, 2000, 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 6th day of July, 2000 JEAKNE M.LEONC , �CiClerk ORDINANCE NO. 1752 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 `O' (OFFICE) DISTRICT TO `LI/O' (LIGHT INDUSTRIAL/OFFICE) DISTRICT (LOCATED ON GARY PLACE); AP NO. 18-051-01, 12, 13, 16 AND 17,18-063-04 (ZC 00-01) WHEREAS, on September 30, 1997, Marin County Exchange Corporation submitted an application to the City of San Rafael requesting a General Plan Amendment and Zone Change to re -designate the property at 20-38 Gary Place (APN 18-063-04) from Office to General Commercial; and WHEREAS, on October 25, 1999, the Rasche Trust submitted an application to the City of San Rafael requesting a General Plan Amendment to re -designate the property at 110-200 Gary Place (APN 18-051-17) from Office to Light Industrial Office; and WHEREAS, on January 13, 2000, following review of the individual applications and the status of other individual parcels in the site area, the City of San Rafael Community Development Department initiated amendments to City of San Rafael General Plan and Title 14 of the San Rafael Municipal Code (Zoning Map) to re -designate all of the Gary Place parcels from Office to Light Industrial/Office (LI/0); and WHEREAS, upon review of the subject applications an Initial Study was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council has adopted a Negative Declaration for the project by adoption of a separate resolution; and WHEREAS, the City Council has approved the General Plan Amendment by adoption of a separate resolution; and WHEREAS, on May 23, 2000 the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Zone Change and related General Plan Amendment, accepting all oral and written public testimony and the written report of the Community Development Department staff. On a 6-0-1 vote (O'Brien absent) recommended to the City Council approval of the Light Industrial/Office (LI/0) District for the subject Gary Place parcels; and WHEREAS, on June 19, 2000 the San Rafael City Council held a duly -noticed public hearing on the proposed Zone Change and related General Plan Amendment, accepting all oral and written public testimony, the written report of the Community 0 Development Department staff, and the verbal presentation of City staff and consultants; and WHEREAS, the City Council makes the following findings of fact, as required under San Rafael Municipal Code Section 14.27.060, in approving the amendment to the Light Industrial/Office District for the subject properties on Gary Place: The proposed amendment would be consistent, in principle with the San Rafael General Plan 2000. Specifically, East San Rafael Policy ESR -11 addresses the need to maintain availability of sites for building, automotive and related service industries important to San Rafael's economy and needed for the convenience of its residents and businesses. The proposed amendment would re -designate the Gary Place properties to Light Industrial/Office, which would allow the majority of existing contractor and auto -related businesses on Gary Place to remain as legal, conforming land uses. Likewise, the proposed amendment would be consistent Land Use Policies LU -24, LU -36 and ESR -31, which encourage enhancement of the area's appearance and require excellence of design in new projects, particularly in those areas visible from US 101 and Highway I-580. The proposed re -designation would not preclude re -development of the property with uses that would improve the appearance of the area from US 101 and Highway I- 580. As stated in the Zoning Ordinance, the purpose of the LI/O District is to provide landscaped settings for light industrial uses, research and development facilities, warehousing, wholesale distributing and office uses. Uses including but not limited to hotels, food service establishments, cocktail lounges and brew pubs are permitted with the approval of a use permit, and assuming that there is adequate traffic capacity and access. 2. The public health, safety and welfare of the community would be served by the adoption of the proposed amendment. By adoption of this ordinance, existing light industrial businesses located on Gary Place would be allowed to continue as legal conforming land uses. This would enable the City to enforce zoning requirements of the LI/O District, which would enhance the welfare of the community. Furthermore, a 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. TIIE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES 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 to reclassify the following real property from O (Office) District to LI/O (Light Industrial/Office District). Said property so classified is located on Gary Place, San Rafael, as shown on County Assessor's Parcel Numbers 18-051-01, 12, 13, 16 and 17; 18-063-04, and as further identified in attached Exhibit "A". DIVISION 2. Any development of this property shall be subject to the development standards of LUO District as contained in Zoning Code Section 14.06.030. DIVISION 3. 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 thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the fiill 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 Ordi ce along with the names of those Councilmembers voting for or against the Ordinan ALBE J. BORO, Mayor ATTEST: Le� JEA M. LEONCINI, City Clerk The foregoing Ordinance No. 1752 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 19`x' day of June, 2000, 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 3rd day of July, 2000. JEA&NE M. LEONCINI, City Clerk 7 r 18-05 ! -12 14.GI&5F F 18-05 17 147,208 F 18-051 1L9 50 111 22 A U/0 18-051-20 - I^ 1-13- 3.068 5F C GE LC 'ME AL (No Chan ) 9�°< X9,295 5F 25.161 5F s 203 +Y Z7 296 7i 1J 32 - - O 3B % GARY PLACE ZONING ORDINANCE AMENDMENT Amend zoning map de5lcgnatlon from OFFICE (0) to LIGHT INDU5TPIAUOPFICE (LI/O) APN 18-051-01 , 1 2, 13,1 G � 17 and 18-063-04 Exhibit "A" 73