Loading...
HomeMy WebLinkAboutOrdinance 1833 (Marin Academy)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. 1833 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC04- 005) TO RECLASSIFY CERTAIN REAL PROPERTY FROM FIFTH AND MISSION RESIDENTIAL OFFICE (5MR/O) DISTRICT TO PUBLIC/QUASI-PUBLIC (P/QP) DISTRICT AT 1540 FIFTH AVENUE (MARIN ACADEMY); APN 011-195-03" 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 6th day of December, 2004, a SUMMARY of Ordinance No. 1833 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 20th day of December, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 22nd of December, 2004 JEAMSt M. LEONCI I, City Clerk ORDINANCE NO. 1833 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC04-005) TO RECLASSIFY CERTAIN REAL PROPERTY FROM FIFTH AND MISSION RESIDENTIAL/OFFICE (5MR/0) DISTRICT TO PUBLIC/QUASI-PUBLIC (P/QP) DISTRICT AT 1540 FIFTH AVENUE (MARIN ACADEMY) APN 011-195-03 WHEREAS, on July 9, 2004, an application was received by the Community Development Department requesting approval of a Zone Change of 1540 Fifth Avenue from Fifth and Mission Residential/Office (5MR/0) District to Public/Quasi-Public (P/QP) District to allow construction of a library/classroom building to be used in conjunction with a school, and on September 30, 2004, the application was deemed complete for processing; and WHEREAS, the Zone Change request was filed concurrently with applications for a General Plan Amendment (GPA04-001), Lot Merger (SO4-015), Environmental and Design Review Permit (ED04-068), and a Use Permit Amendment (UP04-035) which are being processed concurrently with the Rezoning application; and WHEREAS, on November 9, 2004, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Rezoning, accepting all oral and written public testimony and the written report of the Community Development Department, and on a 5-0-2 vote recommended to the City Council approval of the Rezoning; and WHEREAS, upon review of the subject applications an Initial Study/Negative Declaration was prepared consistent with the requirements of the California Environmental Quality Act; and WHEREAS, the City Council adopted a Mitigated Negative Declaration and approved a General Plan 2000 Amendment for the project on December 6, 2004, by adoption of separate resolutions; and WHEREAS, on December 6, 2004, the City Council held a duly -noticed public hearing to consider a proposed ordinance approving the Rezoning of the subject property from Fifth and Mission Residential Office (5MR/0) to Public/Quasi-Public (P/QP) and considered all oral and written public testimony and the written report of the Community Development Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The City Council of the City of San Rafael hereby makes the following findings, as required under Zoning Ordinance Section 14.27.060 in approving the Rezoning from 5MR/O to P/QP for the property at 1540 Fifth Avenue, as shown in Exhibit "A-2" attached to this Ordinance: General Plan 2000 1. The proposed amendment is consistent in principle with the General Plan 2000 in that the proposed use would be consistent with Land Use Policies LU -18a (Other Land Use Categories), LU -21 (Building Heights), LU -35 (Project Design Considerations); LU -pp (Neighborhood Meetings), Circulation Policy C-2 (Level of Service), Noise Policy N-11 (Commercial and Industrial Projects), Natural Environment Policy NE -12 (Water Quality), Safety Policies S-13 (Flood Protection), S-18 (Erosion Controo, S-21 (Fire Safety of New Development) and S-23 (Safety Review of Development Projects) in that: 1) school uses are specifically allowed in the Public/Quasi Public land use designation; 2) the proposed library building at 1540 Fifth Avenue would be within the maximum height limit of 36 feet; 3) the Design Review Board reviewed the proposed project and recommended approval ORMNAL d� of the project, finding that the project design, lighting, and landscaping would be appropriate for the setting and neighborhood; 4) a neighborhood meeting was held for the proposed project; 5) the City Traffic Engineer has reviewed the proposed project and concluded that the proposed library/classroom building would not generate additional PM peak trips and would not cause the LOS to exceed the Downtown LOS E standard; 6) the project is subject to standard construction hours and is required to submit an acoustic report for the final building design showing that the project has been designed to comply with City noise standards; 7) the project would implement stormwater pollution prevention measures and best management practices (BMPs) to reduce stormwater and erosion impacts; 8) the site is not subject to flooding, and an erosion control plan would be required to be submitted at the time of the grading permit application; 9) the proposed project has been reviewed and conditions of approval are recommended to incorporate fire and crime prevention techniques by the City's Police and Fire Departments; and 10) the project would be constructed to meet the minimum standards of the Uniform Fire Code and California Building Code. General Plan 2020 2. The proposed amendment is consistent in principle with the Draft General Plan 2020 in that the proposed use would be consistent with Land Use Policies LU -2 (Development Timing), LU -9 (Intensity of Nonresidential Development), LU -15 (Land Use Compatibility), LU -24 (Land Use Map and Categories), Neighborhood Policy NH -28 (Downtown Design), Community Design Program Policies CD -1 a (Landscape Improvements), CD -11 a (Visual Compatibility), Circulation Policies C-5 (Trac Level of Service Standards), Policy C-13 (School Related Traffic), Culture and Arts Program Policy CA -1717a (Archaeological Resources Ordinance); Safety Policies S-3 (Use of Hazard Maps in Development Review), Policy Program S -7a (Seismic Safety of New Buildings), S -8a (Seismic Safety Building Reinforcement), S-21 a (Compliance with Reginald Water Quality Control Board), Noise Policy N -4b (Nonresidential and Mixed Use Noise Standards), Air and Water Policies AW -7 (Compliance with Water Quality Standards), and Policy AW -8 (Reduction of Urban Runoff Pollution) in that: 1) the City's Traffic Engineer has determined that the project would not exceed the level of service (LOS) E; 2) the project would not require any circulation improvements; 3) the project would be served by the Marin Municipal Water District, San Rafael Sanitation District, and other public agencies, which have adequate capacity to serve the project; 4) the project would be within the maximum allowed 1.0 FAR; 5) the project has been recommended for approval by the Design Review Board; 6) the library/classroom building has been designed to compliment the existing administration building located at 2 Cottage Avenue; 7) the project site does not contain historic resources or is near a location containing historic resources; 8) the landscape plan includes generous amounts of landscaping to accent the proposed library/classroom building; 9) the design of the library/classroom building would utilize appropriate colors and materials to match the design of surrounding buildings within the Marin Academy campus; 10) the project design would be within the maximum height of 36 feet and has been designed to incorporate sidewalk and landscaping improvements to enhance the design and streetscape continuity.; 11) the proposed project would be consistent with the P/QP land use designation given that the proposed library/classroom building would be used in conjunction with an existing school; 12) all mechanical equipment would be screened from public view; 13) the project design has incorporated appropriate lighting levels and landscape and hardscape design details to create a usable outdoor courtyard with outdoor seating to accent the building design and create a sense of the natural environment; 14) Marin Academy has submitted an updated parking and traffic strategy plan outlining measures to reduce traffic and parking related impacts from the school use; 15) the project has been reviewed in accordance with the Archeological Ordinance and found to be located in an area with low possibilities of archeological resources and Standard conditions of approval would be incorporated into the project to protect possible archeological resources; 16) Planning staff reviewed applicable safety maps and no significant slope stability, seismic, and or flood issues 2 were identified; 17) the proposed project would seismically upgrade the existing administration building located at 2 Cottage Avenue and construct a new library/classroom building at 1540 Fifth Avenue that would meet the seismic requirements of the California Building Code; 18) The project has been reviewed by the City's Storm Water Pollution and Prevention Program Manager and designed to meet applicable storm water and erosion control requirements; and 19) an acoustical report will be prepared that would demonstrate that the project would be compliant with the adopted noise standard. 3. 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 the findings above. Furthermore, a 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. 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, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, clauses or phrases 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 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. AizJ.BOkO, Mayor ATTEST: AAS J NNE M. LEONC NI, City Clerk The foregoing Ordinance No.1833 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 6th day of December, 2004, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips, & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: 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 20th day of December, 2004. ?JEfNN'EM. LEONCINI, City Clerk 4 C� 4 c 0 0