HomeMy WebLinkAboutOrdinance 1763 (Amending Zoning Ordinance)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. 1763 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE
14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN
RAFAEL ZONING ORDINANCE), TO AMEND TITLE 14, CHAPTER 5,
SECTION 14.05.022 LAND USE REGULATIONS (4SRC, CSMU, HO,
2/3 MUE, 2/3 MUW, WEV, 5/M R/O) TO AMEND FOOTNOTE 9
DEFINING REAR GROUND LEVEL AND DELETING FOOTNOTE
(18) FOR ADMINISTRATIVE, BUSINESS AND PROFESSIONAL
OFFICE USES IN THE WEV BUSINESS AND PROFESSIONAL
OFFICE USES IN 4SRC AND DELETING A TYPOGRAPHICAL
ERROR IN ADMINISTRATIVE OFFICES IN 4SRC (ZC01-02)"
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 5th day of March, 2001,
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 19th day of March, 2001, 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
22nd day of March, 2001
JE LEONCINI, City Clerk
ORDINANCE NO. 1763
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE
SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING
ORDINANCE), TO AMEND TITLE 14, CHAPTER 5, SECTION 14.05.022 LAND
USE REGULATIONS (4SRC, CSMU, HO, 2/3 MUE.2/3 MUW, WEV, 5/M R/O) TO
AMEND FOOTNOTE 9 DEFINING REAR GROUND LEVEL AND DELETING
FOOTNOTE (18) FOR ADMINISTRATIVE, BUSINESS AND PROFESSIONAL
OFFICE USES IN THE WEV BUSINESS AND PROFESSIONAL OFFICE USES IN
4SRC AND DELETING A TYPOGRAPHICAL ERROR IN ADMINISTRATIVE
OFFICES IN 4SRC
(ZC01-02)
WHEREAS, in January 2001, the City of San Rafael initiated amendments to
Section 14.05.022 of the San Rafael Municipal Code with the intent of further defining
rear ground level as used in footnote (9) and to delete footnote (18) for administrative,
business and professional office uses in the West End Village District (WEV) and to
correct a typographical error in administrative offices in (Fourth Street Retail Core
District) 4SRC; and
WHEREAS, on February 13, 2001, the Planning Commission held a public
hearing on the proposed Zoning Ordinance text amendments, accepting public testimony
and the written report of the Department of Community Development. On a 6-0-1 vote
(O'Brien absent) the Planning Commission recommended to the City Council approval of
the Zoning Ordinance text Amendment; and
WHEREAS, the project is Categorically Exempt under Class 5 f., Zoning
ordinance text amendments not involving proposed development plans or commitment of
land use or resources which would result in a significant environmental impact, of the
City of San Rafael Environmental Assessment Procedures Manual; and
WHEREAS, on March 5, 2001, the City Council held a public hearing on the
proposed Zoning Ordinance text amendments, accepting public testimony and the written
report of the Department of Community Development; and
WHEREAS, the City Council adopts the following findings in support of the
amendment as required under Zoning Ordinance Sections 14.27.060:
1. The proposed amendment would be consistent in principle with the San Rafael
General Plan 2000. Specifically, the amendment would protect retail uses on the
frontages of Fourth Street from incursions by non -retail uses and be consistent
with policy DT - 10 Fourth Street Retail Core b. Successful retail area which
describes Fourth Street as a vibrant retail area. It would also be consistent with
O
policy DT - 14 West End Village, b. Unique shopping district, which describes the
West End Village portion of Fourth Street as a unique shopping area.
2. The public health, safety and welfare of the community would be served by the
adoption of the proposed amendment. The amendment would allow existing non -
retail uses to remain as legal non -conforming land uses and would prevent the
intrusion of additional non -retail uses into the ground floor spaces adjacent to
Fourth Street.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1. Municipal Code Section 14.05.022 Land Use Regulations (4SRC, CSMU,
HO, 2/3 MUE, 2/3 MUW, WEV, 5/1\4 R/O) of the City of San Rafael, California, is
amended to read as follows:
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
Offices and Related Uses
Offices, General
Administrative offices A (9) P
Business, professional offices A (9) P
CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
P P P A (9) P
P P P A (9) P
(9) Use allowed only in a rear ground level demised space behind a separate retail demised space with a
separate entrance or on the second floor or above.
DIVISION 2. 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 3. This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published and circulated i the City of San Rafael, and
shall be in full force and effect thirty (30) days after its fi p ag
LG� 6_j
ALBtRT J. 4,OKO, Mayor
ATTEST:
JE E M. LEONCM, City Clerk
2
The foregoing Ordinance No. 17 6 3 was read and introduced at a Regular
meeting of the City Council of the City of San Rafael, held on the 5t" day of March, 2001,
and ordered passed to print by the following vote, to wit:
AYES: Council Members: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Council Members: None
ABSENT: Council Members: 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 19thiay of MARCH, 2001.
J M. LEONCM, City Clerk
N
ORDINANCE NO. 17 6 3
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE
SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING
ORDINANCE), TO AMEND TITLE 14, CHAPTER 5, SECTION 14.05.022 LAND
USE REGULATIONS (4SRC, CSMU, HO, 2/3 MUE.2/3 MUW, WEV, 5/M R/O) TO
AMEND FOOTNOTE 9 DEFINING REAR GROUND LEVEL AND DELETING
FOOTNOTE (18) FOR ADMINISTRATIVE, BUSINESS AND PROFESSIONAL
OFFICE USES IN THE WEV BUSINESS AND PROFESSIONAL OFFICE USES IN
4SRC AND DELETING A TYPOGRAPHICAL ERROR IN ADMINISTRATIVE
OFFICES IN 4SRC
(ZC01-02)
W REAS, in January 2001, the City of San Rafael initiated amendments to
Section 14.022 of the San Rafael Municipal Code with the intent of further defining
rear ground level as used in footnote (9) and to delete footnote (18) for administrative,
business and professional office uses in the West End Village District (WEV) and to
correct a typographical error in administrative offices in (Fourth Street Retail Core
District) 4SRC; and
WHEREAS, on February 13, 2001, the Planning Commission held a public
hearing on the proposed Zoning Ordinance text amendments, accepting public testimony
and the written report of the Department of Community Development. On a 6-0-1 vote
(O'Brien absent) the Planning Commission recommended to the City Council approval of
the Zoning Ordinance text Amendment; and
WHEREAS, the project is Categorically Exempt under Class 5 £, Zoning
ordinance text amendments not involving proposed development plans or commitment of
land use or resources which would result in a significant environmental impact, of the
City of San Rafael Environmental Assessment Procedures Manual; and
WHEREAS, on March 5, 2001, the City Council held a public hearing on the
proposed Zoning Ordinance text amendments, accepting public testimony and the written
report of the Department of Community Development; and
WHEREAS, the City Council adopts the following findings % support of the
amendment as required under Zoning Ordinance Sections 14.27.060:
1. The proposed amendment would be consistent in principle with the San Rafael
General Plan 2000. Specifically, the amendment would protect retail us
on the
frontages of Fourth Street from incursions by non -retail uses and be con 'stent
with policy DT - 10 Fourth Street Retail Core b. Successful retail area w ich
describes Fourth Street as a vibrant retail area. It would also be consistent with