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HomeMy WebLinkAboutOrdinance 1757 (Hetherton Office District)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. 1757 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), BY AMENDING SECTION 14.05.010 (SPECIFIC PURPOSE) AND SECTION 14.05.022 (LAND USE REGULATIONS 4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) TO EXPAND RETAIL USES IN THE HETIIERTON OFFICE DISTRICT (ZC00-9)" 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 18th day of September, 2000, a SUMMARY of Ordinance No. 1757 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 2 d day of October, 2000, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro Rto)[a]111L15I91u•I:l1l:j-i0= ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 5th day of October, 2000 JE LEONCINI, City Clerk ORDINANCE NO. 1757 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), BY AMENDING SECTION 14.05.010 (SPECIFIC PURPOSE) AND SECTION 14.05.022 (LAND USE REGULATIONS 4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) TO EXPAND RETAIL USES IN THE HETHERTON OFFICE DISTRICT (ZC00-9) WHEREAS, in 1996, the City of San Rafael established the Hetherton Office District General Plan land use designation and zoning district for the eastern entrance to Downtown San Rafael. The Hetherton Office District was established to promote the area as a transportation hub and an office center, with second floor office use and "business support" retail uses on the ground floor. The Hetherton Office District does not permit general retail uses and services; and WHEREAS, since 1996, the City of San Rafael Department of Community Development has received numerous inquiries and requests to establish ground -floor, general retail uses along the Fourth Street corridor of the Hetherton Office District. However, the current limits on retail uses in this district have discouraged the leasing of available ground -floor space along the Fourth Street corridor to viable, general retail uses and services. Likewise, a majority of the properties in this district that front on Fourth Street are occupied by general retail uses and services, which are considered legal, nonconforming uses in this district; and WHEREAS, in May 2000, the City of San Rafael initiated an amendment to the San Rafael General Plan 2000 and the City of San Rafael Zoning Ordinance (Title 14 SRMC) to expand the list of permitted retail uses for ground -floor properties with frontage on Fourth Street. Concurrently, the City initiated an overdue update of the General Plan Program Priorities Chart; and WHEREAS, notices regarding the amendments to the San Rafael General Plan 2000 and the City of San Rafael Zoning Ordinance were: a) published in a local newspaper of general circulation in the area and b) mailed to surrounding property owners within 300 feet, pertinent agencies, organizations and special interest groups; and WHEREAS, an Initial Study was prepared consistent with the California Environmental Quality Act; and WHEREAS, on August 29, 2000 the San Rafael Planning Commission held a duly noticed public hearing on the Zoning Ordinance Text Amendments, accepting all oral and written public testimony and written report of the Community Development Department Staff. On a 6-0-1 vote (O'Brien absent) the Planning Commission recommended to the City Council the approval of the Zoning Ordinance Text Amendment; and ANAL ���. WHEREAS, the City Council has adopted a Negative Declaration for the project by adoption of a separate resolution; and WHEREAS, on September 18, 2000, the City Council held a public hearing on the proposed General Plan Amendment, accepting public testimony and written report of the Community Development Department. WHEREAS, The City Council adopts the following findings in support of the amendment as required under Zoning Ordinance Section 14.27.060: The proposed amendment would be consistent, in principle, with the San Rafael General Plan 2000. Specifically, the amendment would expand retail use opportunities for the Fourth Street corridor, which would be consistent with Downtown Goal DT -G (Healthy Economy), a goal that acknowledges that Downtown San Rafael is a healthy, prosperous place to conduct a business. Secondly, the amendment would be consistent with and not compromise the intent of Downtown Policy DT -11 (Hetherton Office District), which promotes this area as a transportation hub and an office center. The amendment would be limited to the ground floor of properties with frontage on Fourth Street, where general retail uses and services presently exist. 2. The public health, safety and welfare of the community would be served by the adoption of the proposed amendment to the Hetherton Office District. The amendment would permit existing, general retail uses and services on properties fronting Fourth Street to continue as legal conforming land uses and would promote the ground floor properties fronting Fourth Street to be occupied by viable, general retail uses and services without compromising the intent of the Hetherton Office District THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Municipal Code Section 14.05.010 Specific Purpose (P-2) of the City of San Rafael, California, is amended to read as follows: P. Hetherton Office (HO) Allowed Uses. The Hetherton Office District is expected to become a major office area because of its proximity to the Transportation Center, Fourth Street retail and services, and the visibility from and access to Highway 101. New large-scale office development is encouraged in order to strengthen Downtown's standing as a business and financial center. On the ground floor, office, business -support retail, general retail for parcels that front on Fourth Street, personal service uses and restaurants are encouraged. Parking structures are allowed, and should have commercial uses on the ground floor. Limits on shops protect Fourth Street retail businesses. Housing is allowed on the second floor and above, and if part of a mixed-use development. DIVISION 2. Municipal Code Section 14.05.022 of the City of San Rafael, California, is amended to expand retail uses in the Hetherton Office and are identified in attached Exhibit "Z-1 ". 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 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. �i� /ALBER BAROayor ATTEST: JEAPNE M. LEON�,Citylerk The foregoing Ordinance No. 1757 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 18th day of June, 2000, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Hiller 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 2nd day of October, 2000. JMNNE M. LEON m' City Clerk 4 Exhibit "Z-1" Hetherton Office Zoning Ordinance Text Amendment Proposed Zoning Ordinance erection 14.05.022 Land Use Regulations (4SRC, —SMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O). Changes are presented in italic format. 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning Administrator; A: Administrative Use Permit; Blank: Not allowed. Type of Land Use Commercial Uses Animal sales and service, excluding exterior kennels, pens or runs (1) Animal care facilities Animal retail sales Building materials and supplies Brick, gravel, rock, concrete and lumber sales Electrical supply stores Equipment rental businesses (2) Glass and window stores Hardware stores (2) Paint stores (2) Plumbing supply stores (and ancillary service) Business sales and service 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O CZ CZ P <2,000 sf.P P (26) 2000+sf.- CZ (26) P P P P (3) P P P P CZ P P P CZ P I Blueprint and photocopy shops P P P P P P P (4) Computer services P P P P P P P (4) Locksmith shop P P P P P P P (4) Office furniture sales and rentals P P P P P P P (4) Office supply and business machine P P P P P P P (4) shops Printing shops CZ CZ CZ CZ CZ CZ CZ (4) Card Rooms (5) C Coffee Roasters CZ CZ CZ CZ CZ CZ CZ (4) Food and beverage service establishments Brew pubs C C C C C C (1) See Municipal Code 10.24. (2) See "Outdoor storage." (3) Use not allowed on lots which have frontage along "A" and "B" Streets. (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (5) See Municipal Code 10.36. (26) Use only allowed for parcels that have Fourth Street frontage 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M RIO) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning Administrator, A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M RIO Catering establishments CZ Cocktail lounges C Fast food restaurants C Food service establishment, high C volume C Food service establishment (with or C (4) without incidental serving of beer C or wine), without a cocktail C lounge, live entertainment, and/or dancing C (1) 1,000 sq. ft. or less in size P (2) More than 1,000 sq. ft. in P size P Food service establishment with a C cocktail lounge, live C (4) entertainment, and/or dancing. P Seasonal outdoor eating areas (6) A Food and beverage stores P (4) Bakeries, retail (and ancillary food P service) C Candy stores and confectioneries P Convenience markets CZ Grocery stores and supermarkets (7) P Liquor stores A (4) (1) Less than 200 ft. from Res Distric, CZ (2) 200 or more ft. from Res. District P Fortunetelling (8) A (9) Funeral and internment services P (including crematories, P mortuaries) P (4) Kiosks CZ CZ CZ P P CZ P (4) C C C C C C (4) C C C C C C C C C C P P P P P C (4) P P P P P P (4) C C C C C C (4) A A A A A A (4) P P P P P P (4) P P P P P P (4) CZ CZ CZ CZ CZ (4) P P P P C (4) CZ CZ CZ CZ CZ (4) P P P P CZ (4) A (9) A A A (9) CZ CZ CZ CZ CZ CZ CZ CZ (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (6) See Section 14.17.100 (Seasonal Outdoor Eating Areas). (7) Operating after 11 p.m. requires a Use Permit. (8) See Section 14.17.060 (Fortunetelling). (9) Use permitted only on the rear ground level or second floor or above. r P 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning Administrator; A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M RIO Motor vehicle sales and service CZ (including automobiles, C motorcycles trailers, trucks and C C recreational vehicles) Auto detailing C Coin -op washing Gasoline stations (including minor P repair, such as tune-ups, brakes, P batteries, tires, and mufflers) (10) P (4) Rentals Repairs, major (engine work, C painting, and body work) (11) Repairs, minor (tune-ups, brakes, CZ batteries, tires, mufflers and CZ upholstery) (11) ' CZ Sales, new or used vehicles Sales, parts and supplies P Sales, tires and ancillary service Music rehearsaltrecording studios CZ (9) Outdoor storage P Personal service establishments P (4) Artistic and photographic studios, P without sale of equipment or P supplies. P (4) Barber shopstbeauty salons P Dry cleaning establishments, with P no on-site processing P (4) Dry cleaning establishments, with CZ on-site processing CZ Laundromats (self-service) (7) P CZ CZ C C C C C C P (2) CZ CZ (3) CZ CZ CZ C P P P P P (4) C C CZ CZ CZ CZ CZ (9) CZ CZ P P P P P P (4) P P P P P P (4) P P P P P P (4) CZ CZ CZ CZ CZ CZ (4) P P P P P (4) (2) See "Outdoor storage.- (3) torage"(3) Use not allowed on lots which have frontage along "A" and "B" Streets. (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (7) Operating after 11 p.m. requires a Use Permit. (9) Use permitted only on the rear ground level or second floor or above. (10) See Section 14.16.160 (Gasoline Stations). (11) See Section 14.17.090 (Motor Vehicle Repair Uses). 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M RIO) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use PermWZoning Administrator; A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Massage Establishments (12) P (9) P (9) P (9) P �9) P (9) P (9) Nail salons P P P P P P P (4) Seamstress/tailor P P P P P P P (4) Shoe repair P P P P P P P (4) Travel agencies P P P P P P P (4) Recreation facilities (indoors) P <2,000st P P P P (4) Bowling alleys (13) P (26) C Game arcades (14) C 2000+sf:CZ C C C Health clubs/gyms C C C C C C C(4) Pool halls/billiards C P C P C C P (4) Theatres C C C C C C Retail Antique stores P <2,000s1: P P P P (4) P 26 () 2000+sf:CZ (26) Apparel stores P <2,000sf.• P P P P (4) P (26) 2000+sf.•CZ (26) Appliance stores (and ancillary P <2,000st P P P P (4) repair) P (26) 2000+sf:CZ (26) Art, craft, music and photographic P P P P P P P (4) supply stores Auctions (15) P P P P P (4) Bicycle shops P <2,000 sF. P P P P (4) P (26) 2000+sf•CZ (26) Book, gift, stationery stores P P P P P P P (4) Department stores P P P P P (4) Discount stores P P (16) P P (16) P P P (4) Drug stores and pharmacies P P P P P P P (4) Electronics sales (televisions, radios, P P P P P P P.(4) computers, etc.) Florist shops P P P P P P P (4) Furniture stores and upholstery P <2,000 sf P P P P (4) shops (and ancillary repair) P (26) 2000+stCZ (26) (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (9) Use allowed only on the rear ground level or second floor or above. (12) See Municipal Code 8.34. (13) See Municipal Code 10.32. (14) See Section 14.17.070 (Game Arcades). (15) See Municipal Code 10.16. (16) Office -support retail only. (26) Use only allowed for parcels that have Fourth Street frontage 14.05.022 Land Use Regwations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, .. EV, 5/M R/O) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use. Permit/Zoning Administrator, A: Administrative Use Permit; Blank: Not allowed. ° Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/ Gun shops A A —' A q —'— Jewelry stores P <2,000 st: P P P P (4) (26) 2000+sf.CZ (26) Plant nurseries & garden supply P (2) Second hand stores and pawn shops CZ (17) Shoe stores P Shopping centers Sporting goods stores Stamp and coin shops Swimming pool supplies Toy stores Variety stores C P P P P 19 < 2, 000 s>: P (26) 2000+sf.•CZ (26) <2,000 sf. P (26) 2000t-sfCZ (26) <2,000sf P (26) 2000+sfCZ . (26) <2,000 sf P (26) 2000+sf.'CZ (26) P (2) P (2) P 42) P (2) (, CZ CZ CZ CZ (4 P P P P (4) C P N P P P C C C (4) P P P (4) P P P (4) P P P P P P Video sales and rentals P < 2,000 sf: P P < 2,000 sf: P P P 2000+sf:CZ 2000+sf:CZ Offices and Related Uses Financial services and institutions Banks P (9), A (18) P P P P P (9), A (18) Check -cashing offices CZ (9,18) CZ CZ CZ CZ CZ (9, 18) Foreign currency exchange and/or P (9), A (18) P P P P P (9), A (18) delivery services Savings and loan institutions P (9), A (18) P P P P P (9), A (18) Medical services (medical, dental and health-related services, with sale of articles clearly Incidental 'to the services provided) Clinics C (9) C C C C C (9), A (1r3) Hospitals Major medical facilities, including extended care facilities (treatment and convalescent) and children's treatment facilities Laboratories CZ (9) CZ CZ CZ CZ CZ (9, 18) Medical offices P (9) P P P P P (9), A (18) (2) See "Outdoor storage." (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (9) Use allowed only on the rear ground level or second floor or above. (17) See Municipal Code 10.20. (18) Office use on the street frontage is limited to customer -service office use only. See Section 14.17.050 (Offices and Financial Institutions in the Fourth Street Retail Core and the West End Village.) (26) Use only allowed for parcels that have Fourth Street frontage P (4) P (4) P (4) P CZ P P C C CZ P 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Pen-nWZoning Administrator; A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Offices, General Administrative offices P/A (9) P P P P P (9), A (18) P Business, professional offices P (9), A (18) P P P P P (9), A (18) P Public and Quasi -Public Uses Clubs and lodges, including youth C (9) C C C C C (9) groups Public facilities Administrative offices P (9), A (18) P P P P P (9), A (18) P Day services center C Libraries, museums, and other C C C C C C C cultural facilities' Public facilities, other (police, fire, C C C C C C C paramedic, post office, etc.) Public parks, playgrounds, and P P P P P P P recreation facilities Religious institutions C C C C C C C Schools Parochial, private C (9) C C C C C (9) C Public P P P P P P P Business trade, performing arts, CZ (9,18) CZ CZ CZ CZ CZ (9, 18) CZ vocational Residential and Visitor Accommodation Uses Single-family residential Duplex residential P P (9) Use permitted only on the rear ground level or second floor or above. (18) Office use on the street frontage is limited to customer -service office use only. See Section 14.17.050 (Offices and Financial Institutions in the Fourth Street Retail Core and the West End Village.) 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning Administrator; A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M RIO Multifamily residential (19) A A (2 0) A A (20) A A P Animal keeping A A A A A A A Caretaker's residence A A (20) A A (20) A A A Conversion or demolition of C C C C C C C residential units (21) Emergency shelters for the homeless Permanent Temporary or rotating C C C C C C C Home occupations (22) P P P P P P P Live/work quarters (19) A A (20) A A (20) A A A Residential care facilities for the handicapped in dwelling unit (19) Small (0-6 residents) P P (20) P P (20) P P P Large (7 or more residents) P P (20) P P (20) P P P Residential care facilities, other in dwelling unit (19) Small (0-6 residents) P P (20) P P (20) P P P Large (7 or more residents) C C (20) C C (20) C C C Rooming or boarding houses (19) A A (20) A A (20) A A A .(19) See Section 14.17.100 (Residential Uses in Commercial Districts). (20) Residential use allowed if part of a mixed-use development. (21) For conversion or demolition, see Section 14.16.070 (Conversion or Demolition of Dwelling Units). See also Municipal Code Chapter 15 (Subdivisions). (22) See Section 14.16.220 (Home Occupations). 14.05.022 Land Use Re9wations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, VVEV, 5/M RIO) P: Permitted by right; C: Conditional Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning Administrator, A: Administrative Use Permit; Blank: Not allowed. Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M RIO Dav Care Day care facility, child or adult Family day care/dwelling unit Small (0-6 children or adults) P P P P P P P Large (7-12 children) (23) A A A A A A - A Large (7-12 adults) C C C C C C C Day care center (13 or more CZ (9) CZ CZ CZ CZ CZ (9) CZ children or adults) Visitor Accommodations Hotels, motels, or bed and C C C C C C C breakfast inns Transaortation Facilities Bus stations C C "Park and ride" facilities CZ CZ CZ Parking facilities, commercial or CZ CZ CZ (3) CZ CZ CZ CZ municipal Taxi stations (24) C C C Transit stations or transitways C C C Temporary Uses Temporary uses (25) A A A A A A A Accessory Structures and Uses Accessory structures and uses P P P P P P P customarily incidental to a permitted use and contained on the same site (26) (3) Use not allowed on lots which have frontage along "A" and "B" Streets. (9) Use permitted only on the rear ground level or second floor or above. (23) See Section 14.17.040 (Family Day Care Home, Large). (24) See Municipal Code 10.60. (25) See Section 14.17.130 (Temporary Uses). (26) See Section 14.16.020 (Accessory Structures).