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Home My WebLink AboutOrdinance 1778 (Marin History Museum)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. 1778 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 PARKS/OPEN SPACE (P/OS) TO PUBLIC/QUASI PUBLIC (P/QP) RE: ZC01-11, 1125 B STREET; APN: 011-131-03 [PTN.] (Re: Marin History Museum)" 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 April, 2002, 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 6th day of May, 2002, 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 9th day of May, 2002 A (Seal) JEM. LEONC ,City Clerk ORDINANCE NO. 1778 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 PARKS/OPEN SPACE (P/OS) TO PUBLIC/QUASI PUBLIC (P/QP) RE: ZC01-11, 1125 B STREET; APN: 011-131-03 [PTN.] (Re: Marin History Museum) WHEREAS, on September 12, 2000, applications for a General Plan Amendment (GPA00-05) and Environmental and Design Review Permit (ED00-116) to allow the construction of a 7,750 -square -foot Museum facility, a 5,000 -square -foot storage area and fourteen -car parking garage were submitted and were deemed complete for processing on October 13, 2000; and WHEREAS, the Zone Change request was accompanied by related project entitlements including a General Plan Amendment request to redesignate a .72 - acre portion of the site to the Public / Quasi -Public land use designation; and WHEREAS, upon review of the subject applications an Initial Study was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council has adopted a Mitigated Negative Declaration for the project by adoption of a separate resolution; and WHEREAS, the City Council has approved the General Plan Amendment by adoption of a separate resolution; and WHEREAS, on February 26, 2002 the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Zone Change and related project entitlements including an Environmental and Design Review Permit and General Plan Amendment, accepting all oral and written public testimony and the written report of the Community Development Department staff. On a 7-0-0 vote, the Planning Commission recommended to the City Council approval of the Zone Change from Parks/Open Space (P/OS) to Public/Quasi Public (P/QP) for a portion of Boyd Park at 1125 B Street (APN 011-131-03 [portion]); and WHEREAS, on April 15, 2002 the San Rafael City Council held a duly -noticed public hearing on the proposed Zone Change and related project entitlements including an Environmental and Design Review Permit and General Plan Amendment, accepting all oral and written public testimony, the written report of the Community Development Department staff, and the verbal presentation of City staff and consultants; and WHEREAS, the City Council makes the following findings as required under Zoning Ordinance Section 14.27.060 in approving the rezoning from P/OS to P/QP for the 1125 B Street Museum property: 1. The proposed amendment is consistent in principal with the General Plan in that the proposed use is consistent with the General Plan land use designation of Public/Quasi Public and with the goals of the General Plan including LU -18a, LU -19, LU -20, LU - 23, LU -29, LU -35, LU -62, DT -15c and DT -27c in that the project provides public arts and cultural opportunities for the City of San Rafael and is consistent with the long term goals for the Downtown area and the Public/Quasi Public land use area. 2. The public health, safety and general welfare are served by the adoption of the proposed amendment in that it implements the General Plan and the development plan conforms with City standards as discussed in Finding 1. Furthermore, a Mitigated Negative Declaration has been prepared and adopted for the project that evaluated potential environmental impacts of the project and determined impacts would be less -than -significant based on incorporation of mitigation measures. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES 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 to reclassify the following real property from P/OS (Parks/Open Space) to P/QP (Public/Quasi Public). Said property so classified is located at 1125 B Street at Mission Avenue, San Rafael, California, as shown on County Assessor's Parcel Number 011-131-03 (portion), and as further described per the property legal description attached as Exhibit "A". 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 in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. This action is dependent upon an amendment to the General Plan 2000 Land Use Map by adoption of Resolution and it shall not go into effect until such amendment is adopted by said Resolution of the City of San Rafael. A/AL2YT BORO, Mayor ATTEST: ANNE M. LEONbNI, City Clerk The foregoing Ordinance No. 1778 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 15'' day of April, 2002, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips and 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 6th day of May, 2002. M. LEONCIlq, City Clerk LEGAL DESCRIPTION Real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the Northwest corner of Hanson Street (now Mission Street) and B Street as said streets are shown on the plat of the Townsite of the Town of San Rafael, filed in the office of the County Recorder of Marin County on the 14' day of October A.D. 1873: thence along the Westerly line of said B Street, north 7° 13' East, 93.8 feet to the Northerly line of Sixth Street (now Mission Street); thence along the prolongation of said Westerly line of B Street, north 7° 13' East, 23.201 feet; thence North 83° 03' West, 164.945 feet; thence North 6° 57' East, 26.00 feet; thence North 83° 03' West, 84.00 feet to a point on the Westerly line of the lands conveyed to the City of San Rafael by John F. Boyd et ux, by deed dated May 1, 1905, and recorded in Volume 92 of Deeds, Page 369, Marin County Records; thence along said Westerly line, south 6° 57' West, 143.00 feet to the Northerly line of said Hanson Street (now Mission Street); thence along the said Northerly line of Hanson Street (now Mission Street), South 83° 03' East, 248.4 feet to the point of beginning. Containing 31, 278.7 square feet. 4 EXHIBIT "A"