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HomeMy WebLinkAboutOrdinance 1798 (Commercial Banners)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. 1798 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 14.19.030B.3 TO ADD A NEW SUBSECTION 14.19.030B.3(3) CONCERNING THE REGULATION OF TEMPORARY COMMERCIAL BANNERS WITHIN CERTAIN ZONING DISTRICTS OF THE DOWNTOWN REDEVELOPMENT AREA AND ALONG FRANCISCO BOULEVARDS EAST AND WEST (P02-07)" 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 February, 2003, 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 February, 2003, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 20`h day of February, 2003 Q4&7��- JEAKNE M. LEONCINI, City Clerk ORDINANCE NO. 1798 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 14.19.030B.3 TO ADD A NEW SUBSECTION 14.19.030B.3(3) CONCERNING THE REGLTLATION OF TEMPORARY COMMERCIAL BANNERS WITHIN CERTAIN ZONING DISTRICTS OF THE DOWNTOWN REDEVLOPMENT AREA AND ALONG FRANCISCO BOULEVARDS EAST AND WEST (P02-07) WHEREAS, in April of 2002, San Rafael's Chamber of Commerce requested that the City consider revising the San Rafael Municipal Code to allow businesses to display temporary banners for special promotional events and sales in the Downtown Redevelopment Area and the East and West Francisco Boulevard corridors; and WHEREAS, after researching banner regulations from other California cities, staff has recommended, for a trial period of five (5) months with review for possible permanent adoption, the City Council's enactment of temporary banner regulations allowing banners within the Downtown Redevelopment Area and along the East and West Francisco Boulevard corridors; and WHEREAS, such regulations would allow businesses within commercial, office, and mixed use districts in the Downtown and along Francisco Boulevards East and West to display banners for a total period of 60 days within one calendar year (all at once or in no more than four increments with a separate permit being required with each increment) pursuant to a permit issued upon payment of a fee and upon certain conditions, thereby stimulating businesses and providing information to potential consumers; and WHEREAS, the proposed amendment to the Municipal Code 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, the proposed ordinance amending the San Rafael Municipal Code Section 14.19.030 B.3 would be consistent with the San Rafael General Plan implementation programs, goals, and policies and the City's Zoning Ordinance and implementing regulations; and WHEREAS, a notice describing the proposed amendment to the Municipal Code was: a) published in a newspaper of general circulation; and b) mailed to special interest groups; and WHEREAS, on December 10, 2002, the Planning Commission held a public hearing on the proposed text amendment and recommended approval to the City Council; and WHEREAS, on February 3, 2003, 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. AAS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Section 14.19.03013.3 of the San Rafael Municipal Code is hereby amended to add a new subsection (3) at the end of the section, to read as follows: "and (3) temporary commercial banners displayed by businesses within the GC, C/O, FBWC, 4SRC, HO, 2/3MUE, 2/3 MUW, CSMU, 5MRO, and WEV Districts, within the Downtown Redevelopment Area (Downtown) and along Francisco Boulevards East and West, to the extent permitted pursuant to the procedures and permitting requirements set forth by resolution of the City Council from time to time, and obtaining a Banner Permit. Violations of any of the temporary banner permitting requirements adopted by the City Council will be an infraction punishable by an initial fine in the amount of $50.00 with subsequent fines in the amounts of $200.00 and $500.00 after two and four working days respectively." The remainder of Section 14.19.030B.3 remains unchanged. 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 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 3: 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 full force and effect thirty (30) days after its final passage. dBT Mayor ATTEST: JET ivl. LEONCINI, City Clerk The foregoing Ordinance No. 1798 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 3`d day of February, 2003 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, and Mayor Boro NOES: COUNCILMEMBERS: Heller and Miller ABSENT: COUNCILMEMBERS: None 2 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 18"' day of February, 2003. � SNE JE M. LEONC ,City Clerk NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: S DIVISION 1. Section 14.1-9,030B.3 of the San Rafael Municipal Code is hereby amended to add a new subsection (3) at the end of the section, to read as follows: "and (3) temporary commercial banners displayed by businesses within the GC, C/O, FBWC, 4SRC, HO, 2/3MUE, 2/3 MUW, CSMU, 5MRO, and WEV Districts, within the Downtown Redevelopment Area (Downtown) and along Francisco Boulevards East and West, to the extent permitted pursuant to the procedures and permitting requirements set forth by resolution of the City Council from time to time, and obtaining a Banner Permit. Violations of any of the temporary banner permitting requirements adopted by the City Council will be an infraction punishable by an initial fine in the amount of $50.00 with subsequent fines in the amounts of $200.00 and $500.00 after two and four working days respectively." The remainder of Section 14.19.03013.3 remains unchanged. 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 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 3: 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 full force and effect thirty (30) days after its final passage. AL RT J. BHRO� ALeLRT Jor Y ATTEST: M. M. LEO CIIVI, City Clerk The foregoing Ordinance No. 1798 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the P day of February, 2003 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, and Mayor Boro NOES: COUNCILMEMBERS: Heller and Miller ABSENT: COUNCILMEM13ERS: None 2 ORDINANCE NO. 1798 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 14.19.030B.3 TO ADD A NEW SUBSECTION 14.19.030B.3(3) CONCERNING THE REGULATION OF TEMPORARY COMMERCIAL BANNERS WITHIN CERTAIN ZONING DISTRICTS OF THE DOWNTOWN REDEVLOPMENT AREA AND ALONG FRANCISCO BOULEVARDS EAST AND WEST (P02-07) WHEREAS, in April of 2002, San Rafael's Chamber of Commerce requested that the City consider revising the San Rafael Municipal Code to allow businesses to display temporary banners for special promotional events and sales in the Downtown Redevelopment Area and the East and West Francisco Boulevard corridors; and WHEREAS, after researching banner regulations from other California cities, staff has recommended, for a trial period �f five (5) months with review for possible permanent adoption, the City Council's enactment of tempoA� banner regulations allowing banners within the Downtown Redevelopment Area and along the East and West Francisco Boulevard corridors; and WHEREAS, such regulations would allow businesses within commercial, office, and mixed use districts in the Downtown and along Fran�isco Boulevards East and West to display banners for a total period of 60 days within one calendar year (al at once or in no more than four increments with a separate permit being required with each increment) pursuant to a permit issued upon payment of a fee and upon certain conditions, thereby stimulating businesses and providing information to potential consumers; and WHEREAS, the proposed amendment to the Municipal Code is categorically exempt from the requirements of the California Environmental Quality Aat (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 resou7s which would result in a significant environmental impact; and WHEREAS, the proposed ordinance amending the San Rafael Municipal Code Section 14.19.030 B.3 would be consistent with the San Rafael General Plan implemenfution programs, goals, and policies and the City's Zoning Ordinance and implementing regulations; and WHEREAS, a notice describing the proposed amendment to the Municipal Code was: a) published in a newspaper of general circulation; and b) mailed to special interest groups; and WHEREAS, on December 10, 2002, the Planning Commission held a public hearing on the proposed text amendment and recommended approval to the City Council; and WHEREAS, on February 3, 2003, the City Council held a public hearing and accepted all oral and written public testimony and the written report of the Community Development DepaY. ent staff. C� . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Section 14.10.030B.3 of the San Rafael Municipal Code is hereby amended to add a new subsection (3) at the end of the section, to read as follows: "and (3) temporary commercial banners displayed by businesses within the GC, C/O, FBWC, 4SRC, HO, 2/3MUE, 2/3 MUW, CSMU, 5MRO, and WEV Districts, within the Downtown Redevelopment Area (Downtown) and along Francisco Boulevards East and West, to the extent permitted pursuant to the procedures and permitting requirements set forth by resolution of the City Council from time to time, and obtaining a Banner Permit. Violations of any of the temporary banner permitting requirements adopted by the City Council will be an infraction punishable by an initial fine in the amount of $50.00 with subsequent fines in the amounts of $200.00 and $500.00 after two and four working days respectively." The remainder of Section 14.19.030B.3 remains unchanged. 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 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 3: 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 full force and effect thirty (30) days after its final passage. ALBERT J. B WZ,-,My or ATTEST: J=M. �LEO CIlNI, City Clerk The foregoing Ordinance No. 1798 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 3r' day of February, 2003 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, and Mayor Boro NOES: COUNCILMEMBERS: Heller and Miller ABSENT: COUNCILMEMBERS: None 2 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 18'' day of February, 2003. JLYANNE � M. LEONC ,City Clerk