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HomeMy WebLinkAboutCC Resolution 8811 (Homeless Emergency Shelters Standards)RESOLUTION NO. 8 811 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL RECOMMENDING RESCINDING COUNCIL RESOLUTION 8739 ADOPTING PERFORMANCE STANDARDS FOR EMERGENCY SHELTERS FOR THE HOMELESS WHEREAS, on September 8, 1992, the City Attorney recommended to the San Rafael City Council changes to the draft Zoning Ordinance regulations pertaining to Emergency Shelters for the Homeless to clarify (1) that the standards are to facilitate development of such uses, as well as to address health, safety and welfare concerns and (2) that the standards are not mandatory but advisory; and WHEREAS, the recommended changes were inadvertently not included in the Zoning Ordinance adopted by the City Council on September 21, 1992; and WHEREAS, the proposed amendment is exempt from CEQA as a text amendment which does not involve proposed development or commitment of land use or resources which would result in a significant environmental impact; and WHEREAS, the San Rafael Planning Commission adopted Resolution 92-9, after holding a duly -noticed public hearing on Tuesday, October 27, 1992, proposed modifications to the San Rafael Zoning Ordinance to clarify that the Performance Standards for Emergency Shelters for the Homeless are guidelines and not mandatory requirements; and, WHEREAS, the San Rafael City Council has requested that the Planning Commission consider the option of deleting all reference to the Performance Standards from the Zoning Ordinance; and, WHEREAS, on December 15, 1992 the Planning Commission of the City of San Rafael adopted Resolution 92-10 recommending the City Council rescind Resolution 8739 adopting Performance Standards for Emergency Shelters, and delete section 14.17.030 of the San Rafael Zoning Ordinance and all references to the Chapter 17 Performance Standards (including sections 14.04.020, 14.05.020, 14.06.020, and 14.09.020); and, WHEREAS, the City Council has considered the staff report relevant to the adoption of the proposed amendment (noting that no written correspondence nor verbal testimony has been received); and, WHEREAS, the City Council finds that the proposed deletion of all reference to the Performance Standards will remove any legal concerns that the zoning regulations may be imposing potentially discriminatory requirements on a specific use; and, WHEREAS, the City Council finds that Emergency Shelters for the Homeless will continue to be subject to a Use Permit and Conditions of Approval as reviewed by the Planning Commission. ORIGINAL NOW, THEREFORE BE IT RESOLVED that the San Rafael City Council rescinds Resolution 8739 (Performance Standards for Emergency Shelters for the Homeless). I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 4th day of January, 1993, by the following vote, to wit: AYES: NOES: ABSENT- COUNCILMEMBERS= Breiner, Cohen, COUNCILMEMBERS= None COUNCILMEMBERS: Shippey JEA NE M. LEONCINI, City Clerk 0) Thayer & Mayor Boro