HomeMy WebLinkAboutOrdinance 1725 (Conditional Use - Theaters)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. 1725 entitled:
'AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE
SECTION 14.05.022, TABLE 14.05.022, LAND USE REGULATIONS TO ADD
THEATERS AS A CONDITIONAL USE IN THE SECOND/THIRD MIXED USE EAST
(2/3MUE) ZONING DISTRICT'
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 4th day
of MAY, 1998, 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 18th day of MAY, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Miller
ABSTAINING: COUNCILMEMBERS: Cohen (Due to absence from meeting of May 4.
1998, at which this item was introduced).
WITNESS my hand and the official seal
of the City of San Rafael this
21st day of MAY, 1998.
JEA&�LEONCI I, City Clerk
ORDINANCE NO. 1725
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
ZONING ORDINANCE SECTION 14.05.022, TABLE 14.05.022, LAND
USE REGULATIONS TO ADD THEATERS AS A CONDITIONAL USE
IN THE SECOND/THIRD MIXED USE EAST (2/3MUE) ZONING
DISTRICT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, the San Rafael Planning Commission has held a duly noticed public hearing on the
proposed amendment to the zoning ordinance as required by state law and has considered all
written correspondence, verbal testimony and the staff report relevant to the proposed
amendment and recommended to the City Council approval of the amendment to add theaters as
a conditional use to the Second/Third Mixed Use East District; and
WHEREAS, the City Council has held a duly noticed public hearing on the proposed Ordinance
Amendment, accepting testimony and the written report of staff, and
WHEREAS, the proposed Amendment was found to be Categorically Exempt under Category 5
of the California Environmental Quality Act and under Class 5F of the City's Environmental
Procedures; and
WHEREAS, the proposed amendment is consistent in principle with the General Plan in that
Second/Third Mixed Use Land Use Category is intended to provide an appearance and mix of
uses that would encourage people to shop Downtown. Theaters bring shoppers to an area and
provide for multiple purpose trips to Downtown. Downtown districts are not intended to be
absolute and distinct; they are interconnected and supportive. Allowing a theater would connect
the district to Fourth Street.
WHEREAS, the public health, safety and general welfare are served by the adoption of the
proposed amendment. The impacts in noise, traffic and aesthetics generated by a theater could
be accommodated by properties fronting on Second and Third Streets. Most of the other districts
Downtown allow theaters, and the 2/3MUE District is similar in character to those areas.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS
FOLLOWS:
DIVISION 1. Section 14.05.022, Land Use Regulations is amended as shown in Exhibit A to
add theaters as conditionally allowed use in the Second/Third Mixed Use East (2/3MUE)
District.
DIVISION 2. This zoning amendment shall become effective in accordance with Section 65859
of the Government Code of the State of California.
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. This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated in the City of San Rafael, and shall be
in force and effect thirty (30) days after its final passage.
BE J. BO , ayor
ATTEST:
%
JE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1725 was read and introduced at a regular meeting of the
City Council of the City of San Rafael, held on the 40' day of May, 1998, and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: HELLER, MILLER, PHILLIPS AND MAYOR BORO
NOES: COUNCILMEMBERS : NONE
ABSENT: COUNCILMEMBERS: COHEN
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 18th day of MAY '1998.
JE �—mLEO&N*,City Clerk
14.05.022
Exhibit A
Table 14.05.022 (Continued)
Type of Land Use
4SRC
HO CSMU 1213 MUE
213 MUW
WEV 5/M R/O
Game arcades (14)
C
C
C
C
Health clubs/gyms
I C
C C C
C
C C(4)
Poolhalls/billiards
I C
C
C
C
Theaters
I C
C I C
C
C C