Loading...
HomeMy WebLinkAboutOrdinance 1841 (530 Francisco Blvd. West)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. 1841 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-001) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD -1666) DISTRICT TO FRANCISCO BOULEVARD WEST COMMERCIAL (FBWC) DISTRICT AT 530 FRANCISCO BLVD. WEST (APN 031-051-06 AND 20)" 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 3rd day of Anril. 2006. 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 17th day of Anril. 2006. by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller WITNESS my hand and the official seal of the City of San Rafael this 19h day of April, 2006 J1� . JEXI-NQ E M. LEONCINI, City Clerk ORDINANCE NO. 1841 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP (ZC06-001) TO RECLASSIFY CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD -1666) DISTRICT TO FRANCISCO BOULEVARD WEST COMMERCIAL (FBWC) DISTRICT AT 530 FRANCISCO BLVD. WEST (APN 031-051-06 AND 20) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, on January 5, 2006, an application was received by the Community Development Department requesting approval of a Zone Change of 530 Francisco Blvd. West from Planned Development (PD -1666) District to Francisco Boulevard West Commercial (FBWC) District to allow the reconfiguration of a shopping center parking lot, and on March 3, 2006, the application was deemed complete for processing; and WHEREAS, the Zone Change request was filed concurrently with applications for a Master Use Permit (UP06-001), Environmental and Design Review Permit (ED06-003), and Lot Consolidation (S06-001), which are being processed concurrently with the Rezoning application; and WHEREAS, upon review of the subject applications it was determined that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 15311(b) of the CEQA Guidelines which exempts the construction of minor structures accessory to existing commercial facilities such as small parking lots; and WHEREAS, on March 14, 2006, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Rezoning and related project applications, accepted all oral and written public testimony and the written report of the Community Development Department staff and on a 7-0 vote recommended approval to the City Council; and WHEREAS, on April 3, 2006, the City Council held a duly -noticed public hearing on the proposed Rezoning, accepted all oral and written public testimony, the recommendation of the Planning Commission for approval and the written report of the Community Development Department staff; and WHEREAS, the City Council, as required under Zoning Ordinance Section 14.27.060, finds that the proposed amendment is consistent in principle with the General Plan 2020 in that the proposed use would be consistent with (a) Policy LU -23 (Land Use Map and Categories) which defines land use categories and the appropriate uses and the change to FBWC zoning will allow the continued use of the site as a shopping center focused on home furnishings and will put the entire Center in one zoning designation; (b) Policy NH -103 (Specialty Retail Uses) specifies upgrading and redeveloping portions of the Francisco Boulevard West area visible from Highway 101 with specialty retail commercial uses that capitalize on the Highway 101 visibility and the FBWC District was developed for this area, the difference between the standards for the two districts is limited and the proposed development exceeds both district standards, the differences between the actual uses allowed by PD -1666 and in the FBWC District are limited and the FBWC zoning provides a greater means to focus and direct uses than the existing PD -1666, which relates only to meeting traffic and parking standards; (c) Policy NH -110, (Highway 101 Widening Project), requires improvements to the appearance of the area as an entryway from Highway 101 and the provision of a consistent landscape treatment along the frontage road, including large trees and berms and the Design Review Board found the project to be the first step in the overall frontage improvements, to be well designed and stated that the repeated use of some of the proposed trees along the entire West Francisco frontage would be an appropriate common theme; (d) Policy CD -21 (Lighting) states that adequate lighting for safety purposes must be allowed while controlling excessive light spillover and glare and the Design Review Board found that the new and the existing lot had adequate lighting level; (e) Policy CD -22 (Signage) allows adequate visual identification necessary for successful commercial uses and the Board found that relocation of the existing previously approved signs, will allow continued identification of the site; (f) Policy CD -23 (Parking Lot Landscaping) states parking lot landscaping should be provided to control heat build-up from pavement, reduce air pollution, provide shade cover for vehicles and soften the appearance of the parking lot and the Board found that the new parking area has a significant number of trees located throughout the lot, and missing trees in the existing lot will be replanted;(g) Policy C-5 (Traffic Level of Service Standards) sets intersection level of service standards and there will be no change to the traffic generated by this site as there is no new building area added and the number of parking spaces added in the new lot is the same as those removed by the Highway widening project. WHEREAS, the City Council, as required under Zoning Ordinance Section 14.27.060, finds that 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, staff evaluated the impacts of the project and determined that it qualified for a Categorical Exemption under section 15311(b) of the CEQA Guidelines. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER 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 real property at 530 Francisco Blvd. West (APN 031-051-06 and 20) as per legal description attached as Exhibit A from Planned Development (PD -1666) to Francisco Boulevard West Commercial (FBWC). DIVISION 2. Any development of this property shall be subject to conditions contained in the master use permit as required by the provisions of the FBWC District. DIVISION 3. 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 this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. DIVISION 4. 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 force and effect thirty (30) days after its final passage. 2 ATTEST: J NNE M. LEONCINI, City Clerk The Charter Ordinance No. 1841 was read and introduced at a regular meeting of the City Council of the City of San Rafael on April 3, 2006, 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 April 17, 2006. �tMsINE M. LEONCYNI, City Clerk 3 Exhibit A MARIN HOME CENTER AFTER LOT CONSOLIDATION LEGAL DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Beginning at the most Easterly point of Parcel 1 as said parcel is shown upon that certain parcel map "Lands of Bacci — 82043049 and Lands of San Rafael Redevelopment Agency as described in Book 3763 of Official Records at page 449 Marin County Records" as recorded in Book 21 of Parcel Maps at Page 18, Marin County Records, said point being distant North 49°36'20"East 100 feet, more or less, from the centerline of the main track of the Northwestern Pacific Railroad; Thence from said point of beginning and along the easterly line of said Parcel 1 North 36°36'39" East 286.58 feet; Thence leaving said line, North 53°24'24" West 514.87 feet; Thence South 40°41'51" West 165.31 feet to the northerly line of Parcel 1, as said parcel is shown upon that Parcel Map "S94-11 Parcel Map Lands of Bacci, Trustee as described in Document No. 95-021808 Marin County Records" as recorded in Book 26 of Parcel Map at Page 4; Thence along the northerly line of said parcel South 40°23'40" East 540.49 feet to the Point of Beginning. Containing 2.70 acres, more or less.