HomeMy WebLinkAboutOrdinance 1782 (Deleteing Min. Lot Area Requirements)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. 1782 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING TITLE 14
OF THE SAN RAFAEL MUNICIPAL CODE (ZONING ORDINANCE)
DELETING THE MINIMUM LOT AREA REQUIREMENT FOR BOARDING
HOUSES IN COMMERCIAL AND OFFICE DISTRICTS (ZC 02-01)"
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 20th day of Mav, 2002, a
SUMMARY of Ordinance No. 1782 was published as required by City Charter in the MARK
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 3rd day of June, 2002, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
WITNESS my hand and the official
seal of the City of San Rafael this
5th day of June, 2002
(Seal)
JE
A1`NE',ct,•�-1�,. _ ,; M. LEONCINI, City Clerk
ORDINANCE NO. 1'182
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN
RAFAEL MUNICIPAL CODE (ZONING ORDINANCE) DELETING THE MINIMUM LOT
AREA REQUIREMENT FOR BOARDING HOUSES IN COMMERCIAL AND OFFICE
DISTRICTS (ZC 02-01)
WHEREAS, in March 2002, the City of San Rafael initiated an amendment to the San
Rafael Zoning Ordinance (Title 14) to delete the minimum lot area requirement for boarding
houses in commercial and office districts; and
WHEREAS, the proposed Zoning Ordinance text amendment is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15305, Minor Alteration in Land Use Limitations, and the City of San Rafael
Environmental Assessment Procedures Manual under Class 5f., Zoning Ordinance text
amendments not involving proposed development plans or commitment of land use or resources
which would result in a significant environmental impact; and
WHEREAS, a notice describing the proposed amendment to the San Rafael Zoning
Ordinance was: a) published in a local newspaper of general circulation in the area; and b)
mailed to special interest groups; and
WHEREAS, on April 23, 2002, the Planning Commission held a public hearing, accepted
all oral and written public testimony and the written report of the Community Development
Department staff, and voted unanimously to recommend to the City Council approval of the
proposed text amendment; and
WHEREAS, on May 20, 2002, the City Council held a public hearing and accepted all
oral and written public testimony and the written report of the Community Development
Department staff.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 1. Chapter 14, Tables 14.05.030 and 14.05.032, are amended as presented in Exhibit
A of this Ordinance, based on the following findings:
1. The proposed text amendment would be consistent, in principle, with the San Rafael General
Plan 2000. Specifically, the amendment would be consistent with Housing (H) Policy 8
Displacement of Residential Units, H Policy 35 Rental Housing and H Policy 42 Single -
Room Occupancy (SRO) Units which require that the existing stock of lower cost units be
maintained, encourages construction of new rental units, and encourages construction of new
SRO units and protection of the existing supply of SRO units. The proposed text amendment
would implement these policies by eliminating a restriction that could hinder future
rehabilitation of buildings, especially in Downtown San Rafael, that contain SRO units or
new construction projects that include SRO units. This type of housing unit provides
affordable housing by its design and elimination of the minimum lot area requirement would
help protect the existing stock of SRO units and encourage projects that include SRO units.
Furthermore, the text amendment would ensure proposed projects protecting, rehabilitating
or providing new SRO units would be economically feasible.
The proposed text amendment would be consistent with and would not compromise the intent
of General Plan policies to maintain existing stock of lower cost housing, encourage
construction of new rental units, encourage the construction of new SRO units and protect the
existing supply of SRO units. Deleting the minimum lot area requirement in the commercial
and office districts would potentially allow existing buildings with SRO units to upgrade and
encourage construction of new rental units.
2. The proposed Zoning Ordinance text amendment would be consistent with the San Rafael
Zoning Ordinance (Title 14). Although deleting the minimum lot area requirement for
boarding houses in commercial and office districts may result in greater intensity of
development, the Zoning Ordinance contains other land use controls, including parking
requirements, height limits and design review, that would minimize the potential negative
aesthetic effects of such development. Major physical improvements, such as new
construction, are subject to an Environmental and Design Review Permit, which are reviewed
by the Design Review Board and acted upon by the Planning Commission. The Zoning
Ordinance contains a series of review criteria that are considered as part of the Design
Review process to ensure that: 1) the location, design, and materials and colors of a project
blend with and enhance the natural setting; 2) the quality of development is maintained and
improved; 3) balance and harmony are preserved within a neighborhood; and 4) design
excellence is promoted by encouraging creative design through innovative use of materials,
methods and techniques. Finally, projects which propose SRO units are not common and it
seems unlikely that the proposed Zoning Ordinance text amendment would result in an
onslaught of such projects to the detriment of the City.
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 City Council hereby declares that it would have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or
more section, subsection, sentence, clause or phrase may be declared invalid.
DIVISION 3. 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 City Council meeting at which it is adopted.
This 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 same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
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.
ALBERT . BORO, Ma)(or
ATTEST:
'195'ac§g- e- - Ro"e
ESTHER C. BEIRNE, Deputy City Clerk
The foregoing Ordinance No. 1782 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on May 20, 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 Monday, June 3, 2002.
AF-Grtag c . &Q, P—' .
ESTHER C. BEIRNE, Deputy City Clerk
Exhibit A: Tables 14.05.030 and 14.05.032
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