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HomeMy WebLinkAboutOrdinance 1725 (Conditional Use - Theaters)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. 1725 entitled: 'AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE SECTION 14.05.022, TABLE 14.05.022, LAND USE REGULATIONS TO ADD THEATERS AS A CONDITIONAL USE IN THE SECOND/THIRD MIXED USE EAST (2/3MUE) ZONING DISTRICT' 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 4th day of MAY, 1998, 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 18th day of MAY, 1998, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller ABSTAINING: COUNCILMEMBERS: Cohen (Due to absence from meeting of May 4. 1998, at which this item was introduced). WITNESS my hand and the official seal of the City of San Rafael this 21st day of MAY, 1998. JEA&�LEONCI I, City Clerk ORDINANCE NO. 1725 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE SECTION 14.05.022, TABLE 14.05.022, LAND USE REGULATIONS TO ADD THEATERS AS A CONDITIONAL USE IN THE SECOND/THIRD MIXED USE EAST (2/3MUE) ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the San Rafael Planning Commission has held a duly noticed public hearing on the proposed amendment to the zoning ordinance as required by state law and has considered all written correspondence, verbal testimony and the staff report relevant to the proposed amendment and recommended to the City Council approval of the amendment to add theaters as a conditional use to the Second/Third Mixed Use East District; and WHEREAS, the City Council has held a duly noticed public hearing on the proposed Ordinance Amendment, accepting testimony and the written report of staff, and WHEREAS, the proposed Amendment was found to be Categorically Exempt under Category 5 of the California Environmental Quality Act and under Class 5F of the City's Environmental Procedures; and WHEREAS, the proposed amendment is consistent in principle with the General Plan in that Second/Third Mixed Use Land Use Category is intended to provide an appearance and mix of uses that would encourage people to shop Downtown. Theaters bring shoppers to an area and provide for multiple purpose trips to Downtown. Downtown districts are not intended to be absolute and distinct; they are interconnected and supportive. Allowing a theater would connect the district to Fourth Street. WHEREAS, the public health, safety and general welfare are served by the adoption of the proposed amendment. The impacts in noise, traffic and aesthetics generated by a theater could be accommodated by properties fronting on Second and Third Streets. Most of the other districts Downtown allow theaters, and the 2/3MUE District is similar in character to those areas. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES FURTHER ORDAIN AS FOLLOWS: DIVISION 1. Section 14.05.022, Land Use Regulations is amended as shown in Exhibit A to add theaters as conditionally allowed use in the Second/Third Mixed Use East (2/3MUE) District. DIVISION 2. This zoning amendment shall become effective in accordance with Section 65859 of the Government Code of the State of California. 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 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 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. BE J. BO , ayor ATTEST: % JE M. LEONCINI, City Clerk The foregoing Ordinance No. 1725 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 40' day of May, 1998, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: HELLER, MILLER, PHILLIPS AND MAYOR BORO NOES: COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS: COHEN 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 18th day of MAY '1998. JE �—mLEO&N*,City Clerk 14.05.022 Exhibit A Table 14.05.022 (Continued) Type of Land Use 4SRC HO CSMU 1213 MUE 213 MUW WEV 5/M R/O Game arcades (14) C C C C Health clubs/gyms I C C C C C C C(4) Poolhalls/billiards I C C C C Theaters I C C I C C C C