HomeMy WebLinkAboutOrdinance 1742 (Mini-Markets)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. 1742 entitled:
'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
TABLES 14.05.020, 14.05.022, AND 14.06.020 AND SECTION 14.03.030
(DEFINITIONS) OF THE SAN RAFAEL MUNICIPAL CODE TO REVISE THE
GASOLINE STATIONS SUBSECTION OF THE LAND USE TABLES IN THE ZONING
CODE AND TO ADD A DEFINITION FOR 'MINI -MARKET".
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 20th day
of SEPTEMBER, 1999, 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 4th day of OCTOBER, 1999, 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
5th day of OCTOBER, 1999.
JEANNN M. LEONCINI, City Clerk
ORDINANCE NO. 1742
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING TABLES 14.05.020,14.05.022 AND 14.06.020 AND SECTION
14.03.030 (DEFINITIONS) OF THE SAN RAFAEL MUNICIPAL CODE TO
REVISE THE GASOLINE STATIONS SUBSECTION OF THE LAND USE
TABLES IN THE ZONING CODE AND TO ADD A DEFINITION FOR
"MINI -MARKET"
WHEREAS, On December 21,1998, Milton Baygell submitted an application (ZC
98-5) requesting that the City amend the Zoning Ordinance to allow mini -
markets to be permitted at gasoline stations in all zoning districts that allow
gasoline stations; and
WHEREAS, the proposed Zoning Code Amendment qualifies for a Class 5
exemption from the California Environmental Quality Act, CEQA, pursuant to
Section 15105.f of the CEQA Guidelines adopted by the City as it consists of a
minor zoning ordinance text amendment; and
WHEREAS, on August 10, 1999, the San Rafael Planning Commission held a
duly noticed public hearing at which they accepted public testimony and
recommended approval of the zone change; and
WHEREAS, on September 7,1999, and September 20,1999, the City Council of
the City of San Rafael held a duly noticed public hearing at which they accepted
public testimony; and
WHEREAS, the City Council made the following findings as required under
Zoning Code Section 14.27.060 in approving the amendment:
1. The proposed amendment is consistent in principle with the General Plan
because an ancillary retail sales area is compatible with gasoline station
operations and gasoline stations have been identified as appropriate land
uses to be located within the Commercial and Industrial land use districts
specified under Policy LU -13.
2. The public health, safety and general welfare are served by the adoption
of the proposed amendment because the ancillary retail sales uses will be
operated as a part of gasoline station operations, requiring a conditional
use permit to ensure such proposals will meet all applicable City
standards, and additional traffic is not expected to be generated beyond
those anticipated for the primary gasoline sales use.
ORIGINAL
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NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San
Rafael adopts the following amendments to the Zoning Ordinance.
DIVISION 1:
Title 14, Chapter 14.03, Section 14.03.030, of the San Rafael Municipal
Code ("Definitions") is amended to add the definition for "Mini -market" as
follows:
Mini -market: A retail sales establishment operated in conjunction with a
gasoline station, occupying a retail sales area open to the public between
100 square feet and 1,000 square feet, for the purpose of selling
prepackaged food, beverages and similar small convenience items to
gasoline station customers.
DIVISION 2.
Title 14, Chapter 14.05 and Chapter 14.06, Section 14.05.020 and Table
14.05.020, Section 14.05.022 and Table 14.05.022, and Section 14.06.020 and Table
14.06.020 of the San Rafael Municipal Code ("Land Use Regulations") are
amended under the table of land uses Gasoline Stations subsection to read as
follows:
Gasoline stations (including mini -markets, and minor repair, such as tune-
ups, brakes, batteries, tires, and mufflers).
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 full force and effect thirty (30) days after its final passage.
/ AL t J. BORO, Mayor
ATTEST:
E
L
JEA M. LO CIN , City Clerk
The foregoing Ordinance No. 1742 was read and introduced at a Regular
Meeting of the City Council of the City of San Rafael, California, held on the 20'
day of September, 1999 and ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller
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 4' day of October, 1999.
JE�EM. EONCINI, City Clerk
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