HomeMy WebLinkAboutOrdinance 2028 (Housing Element Zoning Maps - 380 Merrydale Road)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2028
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING THE
ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE
ZONING FOR 380 MERRYDALE ROAD (APN 179-041-22) FROM PLANNED
DISTRICT 1436 (PD 1436) TO OFFICE, AND THE ZONING CLASSIFICATION
OF 401 MERRYDALE ROAD (APN 179-041-05) FROM LIGHT INDUSTRIAL-
OFFICE TO OFFICE (ZC23-003 and ZC23-004)
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 15th day of May 2023;
a SUMMARY of Ordinance No. 2028 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 5th day of June 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
6th day of June 2023
______________
LINDSAY LARA, City Clerk
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 1
ORDINANCE NO. 2028
AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL AMENDING THE
ZONING MAP OF THE SAN RAFAEL MUNICIPAL CODE TO CHANGE THE
ZONING FOR 380 MERRYDALE ROAD (APN 179-041-22) FROM PLANNED
DISTRICT 1436 (PD 1436) TO OFFICE, AND THE ZONING CLASSIFICATION
OF 401 MERRYDALE ROAD (APN 179-041-05) FROM LIGHT INDUSTRIAL-
OFFICE TO OFFICE (ZC23-003 and ZC23-004)
WHEREAS, the City of San Rafael completed a comprehensive update of its General Plan
between 2018 and 2021, moving the time horizon forward from 2020 (General Plan 2020) to 2040
(General Plan 2040); and
WHEREAS, the Plan Update process included an update of the General Plan Land Use
Map to reflect recently prepared plans and land use policies, including policies supporting higher
density residential and mixed use development around rail transit stations; and
WHEREAS, on August 2, 2021, the San Rafael City Council adopted General Plan 2040,
including an updated Land Use Map replacing the “Light Industrial/ Office” General Plan
designations at 380 Merrydale (APN 179-041-22) and 401 Merrydale (APN 179-041-05) with the
“Office Mixed Use” General Plan designation, thereby creating additional opportunities for transit-
oriented development, including housing at densities up to 43.5 units per acre and
WHEREAS, California Government Code 65860 requires a city’s zoning ordinance,
including its zoning map, to be consistent with a city’s general plan; and
WHEREAS, the current zoning classification for 380 Merrydale (APN 179-041-22)
Planned District 1436 (PD 1436), corresponding to the self-storage facility on the property and
the current zoning classification for 401 Merrydale (APN 179-041-05) is Light Industrial/Office
(LI/O) and neither of these designation is consistent with the General Plan Land Use designation
of Office Mixed Use; and
WHEREAS, the City of San Rafael has identified 380 Merrydale and 401 Merrydale as
potential sites to meet a portion of its Regional Housing Needs Allocation (RHNA) of 3,220
housing units, as well as opportunities to affirmatively further fair housing by creating multi-family
housing opportunities in a range of locations around the city; and
WHEREAS, rezoning of these properties would better align their zoning designations with
their General Plan designations, while also facilitating the City’s ability to meet its State-mandated
RHNA; and
WHEREAS, the proposed rezoning implements the San Rafael General Plan 2040, for
which a Final Environmental Impact Report was previously prepared and certified on August 2,
2021, Consistent with the California Environmental Quality Act (CEQA) Guidelines and the City
of San Rafael Environmental Assessment Procedures Manual, the appropriate steps were
followed to complete environmental review of General Plan 2040, including the adoption of
Findings and a Mitigation Monitoring and Reporting program. No development is currently
proposed on the subject properties and no further impacts will result from the rezoning; and
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 2
WHEREAS, the City of San Rafael established zoning case numbers ZC23-003 and
ZC23-004 for the two subject parcels to facilitate this rezoning, in order to align the zoning and
General Plan Maps; and
WHEREAS, on April 25, 2023, the San Rafael Planning Commission convened a duly
noticed public hearing and unanimously (5:0, with one member absent) approved a resolution
recommending City Council approval of this rezoning; and
WHEREAS, the City has complied with all noticing requirements for the rezoning action,
including providing mailed notices to all property owners within 300 feet of the subject properties;
and
WHEREAS, on May 15, 2023, the San Rafael City Council held a duly noticed public
hearing on the proposed rezoning, accepting and considering all oral and written public testimony
and the written report of the Department of Community Development; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon
which this decision is based, is the Community Development Department; and
WHEREAS, as required by San Rafael Municipal Code Section 14.27.060, the City
Council makes the following findings in support of an ordinance to amend the Zoning Map to
change 380 Merrydale Road (APN 179-041-22) from Planned District 1436 (PD 1436) to an Office
(O) zoning classification and to change 401 Merrydale Road (APN 179-041-05) from Light
Industrial/Office (LI/O) to an Office (O) zoning classification, as shown on the map contained in
Exhibit “A”:
1. The proposed amendment to the Zoning Map is consistent in principle with the General
Plan in that:
a. This action would be consistent with the General Plan Land Use Map, which
identifies the subject sites as Office Mixed Use, rather than Light Industrial/Office.
b. This action would implement the General Plan Land Use Map.
c. This action supports the General Plan concept of transit-oriented development
around the two SMART stations and would accommodate higher-density
residential and employment uses that is more sustainable and less car-dependent
than traditional suburban development.
d. This action would be consistent with and implement the following General Plan
policies and programs:
1) Land Use Element Policy LU-1.3 (Land Use and Climate Change), which
supports housing and commercial development adjacent to transit
stations.
2) Land Use Element Policy LU-2.1 (Land Use Map and Categories), which
indicates that the General Plan Map should be used as a framework for
future land use decisions, including zoning regulations.
3) Land Use Element Policy LU-2.2 (Mixed Use Development), which
supports mixed uses on commercial properties.
4) Land Use Element Policy LU-3.3 (Housing Mix), which supports a diverse
mix of housing choices and opportunities.
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 3
5) Neighborhoods Element Program NH-4.10A (Station Area Plan
Implementation) which supports additional residential and commercial
development opportunities adjacent to the Civic Center Station.
6) Mobility Policy M-3.8 (Land Use and VMT), which supports development
opportunities around transit stations.
7) Housing Element Policy H-4.8 (Adequately Zoned Sites) to maintain an
adequate supply of residentially zoned land to meet the needs of all
economic segments of the community.
2. The public health, safety, and general welfare would be served by the adoption of the
proposed amendment to change the existing “PD 1436” and “LI/O” Zoning
Classifications to the “O” Zoning Classification because the subject parcels would
provide opportunities for housing, including affordable housing. Allowing densities of
43.5 units per acre on sites where residential uses are not permitted today can help
meet an urgent community need and leverage the benefits of the sites’ proximity to
mass transit. Moreover, rezoning properties located immediately adjacent to the
SMART station presents an opportunity for development that is less car-dependent,
reduces per capita greenhouse gas emissions, supports active transportation modes
such as walking and bicycling, and reduces the need to convert open space on the
fringes of the city to urban uses.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY
ORDAIN AS FOLLOWS:
DIVISION 1: Findings
The City Council of the City of San Rafael hereby determines and finds that all of the facts
and statements contained in the recitals herein and the finding of Planning Commission
Resolution 23-03, adopted April 25, 2023, recommending to the City Council adoption of this
Ordinance, are true and correct. The City Council further finds that the zoning map amendment
complies with CEQA and is consistent with the certified EIR for San Rafael General Plan 2040.
DIVISION 2: Approval
The City Council of the City of San Rafael hereby approves and adopts the amendment
to SRMC Title 14 Zoning Map as presented in Exhibit A attached hereto and incorporated herein
by reference.
DIVISION 3: Publication
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.
The 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 the same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, Marin County, State of California.
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 4
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.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San
Rafael City Council on the 15th day of May 2023, and was passed and adopted at a regular
meeting of the San Rafael City Council on the 5th day of June 2023 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
Exhibits:
A. Rezoning Map
Ordinance Rezoning 380 and 401 Merrydale Road (APNs 179-041-22 and 179-041-05) 5
Attachment A
San Rafael Zoning Map