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HomeMy WebLinkAboutOrdinance 1666 (Marin Home Center)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. 1666 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 PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE Z94-3, MARIN HOME CENTER, 530 FRANCISCO BOULEVARD WEST, AP NOS. 13-051-06 & 20)" 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 1ST day of AUGUST, 1994, 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 15TH day of AUGUST. 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Zappetini & Vice -Mayor Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller & Mayor Boro WITNESS my hand and the official seal of the City of San Rafael this 16TH day of AUGUST, 1994. � O JEANNE A!WONCINI, City Clerk ORDINANCE NO. 16 6 6 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 PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: Z94-3, MARIN HOME CENTER, 530 FRANCISCO BOULEVARD WEST, AP NOS. 13-051-06 & 20) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the existing Planned Development District permits only of large, bulk item retail uses and the property owner has requested a zone change to a Planned Development District that wold permit small item retail uses in up to 40% of the center; and, WHEREAS, the San Rafael Planning Commission has held a dully -noticed public hearing on the proposed amendment to the zoning map as required by State law and has considered all written correspondence, verbal testimony and the staff reports relevant to the proposed amendment, and recommended to the City Council approval of the proposed amendment; and, WHEREAS, the San Rafael City Council has held a duly noticed public hearing on the proposed amendment to the zoning map as required by State law and has considered all written correspondence, verbal testimony and the staff reports relevant to the proposed amendment; and WHEREAS, the San Rafael City Council finds that the proposed amendment to the zoning map is consistent in principle with the General Plan and other applicable plans or policies; and, WHEREAS, the San Rafael City Council finds that the non-residential Development Plan is appropriate in the area, location and overall planning for the purpose intended, and the design and development standards shall create a non-residential environment of sustained desirability and stability, as the site was previously designed and developed as a retail center with development standards and has created a desirable and stable non-residential environment; and, WHEREAS, the San Rafael City Council finds that public facilities are provided to serve the anticipated population as the site is fully developed with the required public improvements and no physical changes are proposed; and, WHEREAS, the San Rafael City Council finds that the development is improved by deviations from typical Zoning Ordinance property development and parking standards because the project was originally approved as a Planned District with development standards which are not proposed to be modified; and, WHEREAS, the San Rafael City Council finds that the auto, bicycle and pedestrian traffic system is adequately designed for the circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development because no changes from the original Planned Development are proposed and the auto, bicycle and pedestrian traffic system has met circulation needs and public safety and emergency vehicle access is provided; and, -1ORIGINAL - WHEREAS, the San Rafael City Council finds that the public health, safety and general welfare are served by the adoption of the proposed amendment to the zoning Map. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER 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 by reclassifying the following real property from the PD (Planned Development) District to the PD (Planned Development) District. Said property so reclassified is located at 530 Francisco Boulevard West, San Rafael, and shown as County Assessor's Parcel Numbers 13-051-06 and 20, per legal description attached as Exhibit "B". DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A" which is attached hereto and made a part hereof. 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 section, subsection, sentence, clause or phrase 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 full force and effect thirty (30) days after its final passage. 0-11' ER O O, May4 or Attest: 14 M. LEONCNI, City Clerk The foregoing Ordinance Number 1666 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 1st day of August, 1994, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & 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 15th day of Aueust ,1994. J63,&E M. LEONZINI, City Clerk -2- EXHIBIT "A" Marin Home Center 530 Francisco Boulevard West Development Standards: (a) This PD zoning applies to the total 113,222 square foot site with a 37,738 square retail center contained within one building. The following development standards shall apply: 1) Uses shall be limited to speciality retail commercial uses generally emphasizing home improvement products and other products used in the home. No less than 60% of the total square footage, or at least 22,643 square feet, shall be occupied by large or bulk item retail sales. Up to 40% (15,095 square feet) of the center may be occupied by small item retail sales. Individual tenants may be exclusively large and small item retail sales or a combination so long as the above percentages/square footages are met for the center as a whole. 2) Examples of acceptable home improvement and other retail uses include those listed in the master use permit for the center. Other similar uses may be determined by the Planning Director or Zoning Administrator. 3) Trips allocated to the site and payment of any traffic mitigation fees are regulated by the City's Trip Permit procedure. 4) Building setbacks: Front yard 25 feet minimum Rear yard 15 feet average Side yard (south) 5 feet minimum 5) Building height: 30 feet maximum 6) Building coverage 32% maximum 7) F. A. R. .33 maximum 8) Landscape coverage 25% minimum (b) This PD zoning shall be subject to amendment when or if the 55 -foot wide highway "take" occurs. This "take" may result in modifications to the site plan (building, parking and landscaping). (c) This PD zoning shall be valid from the date of City Council adoption until such time as any modifications are granted per N above. EXHIBIT "B" DESCRIPTION: All that certain real property situate in the City of San Rafael, County of Marin, State of -California, described as follows: Beginning at the most Westerly point of Parcel One as that parcel is shown upon that certain parcel map "Lands of Bacci - 82043049 and Lands of San Rafael Redevelopment Agency as described in Book 3763 of Official Records at Page 449 Marin County Records" as recorded in Book 21 of Parcel Maps at Page 18, Marin County Records, said point being distant North 49°36'20" East 100 feet, more or less, from the centerline of the main track of the Northwestern Pacific Railroad; thence from said Point of Beginning and along said Parcel One South 40°23'40" East 150.19 feet and North 36036'39" East 333.87 feet to the south- westerly line of Francisco'Boulevard West; thence Northwesterly along said Southwesterly line along an arc concave to the Northeast having a radius of 20,098.78 feet, through a central angle of 1006'26" a distance_ of 388.38 feet; thence leaving said Southwesterly line South 38007'39" West 250.94 feet to the Northeasterly line of the lands of Northwestern Pacific Railroad; thence along said Northeasterly line South 40023'40" East 254.93 feet, more or less, to the Point of Beginning. Containing 2.63 acres, more or less. .