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HomeMy WebLinkAboutOrdinance 1506 (Gas Service Station Construction Regulations)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. 1506 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.08.080G, DEFINING GASOLINE SERVICE STATIONS, AND ESTABLISHING CHAPTER 14.87, REGULATING THE CONSTRUCTION, REMODELING, AND CONVERSION OF GASOLINE SERVICE STATIONS. 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 Sixth day of May , 19_85 published as required by City Charter in the 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 Twentieth day of May , 19_q5, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 21st day of May , 1985. JEA BVI. LEONCINI Cit CC yr. y le k ORDINANCE NO. 1506 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.08.080G, DEFINING GASOLINE SERVICE STATIONS, AND ESTABLISHING CHAPTER 14.87, REGULATING THE CONSTRUCTION, REMODELING, AND CONVERSION OF GASOLINE SERVICE STATIONS THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 14 (Zoning) of the San Rafael Muni- cipal Code, Section 14.08.080G is hereby amended by adding the following after the definition for GARAGE SPACE: GASOLINE SERVICE STATION: Is a facility which dis- penses automotive fuel to the general public. DIVISION 2. Chapter 14.87 is hereby established to read as follows: CHAPTER 14.87 GASOLINE SERVICE STATIONS SECTIONS: 14.87.010 Purpose 14.87.020 Definition 14.87.030 Matters Subject to Review 14.87.040 Approval 14.87.010 PURPOSE The regulation of the location, design, and operation of gasoline service stations as contained herein is deemed necessary to assure the compatibility of such uses with existing and planned uses in the surrounding area and to protect the public health, safety and welfare by assuring adequate numbers of service stations which afford equal access to the public, including the elderly, the handicapped and visitors in need of minor automobile repair through the provision of attended fuel pumps and mechanic's bays. 14.87.020 DEFINITION A gasoline service station is a facility which dispenses automotive fuel to the general public. 14.87.030 MATTERS SUBJECT TO REVIEW In addition to any design review permit required by this Title, a specific use permit shall be required for any gasoline service station permitted under the regulations of the zoning district in which it is located, including those which are to be: a. Newly constructed. b. Reopened after operations have ceased for a period greater than six months. c. Remodeled to include any of the following: -1. Nonautomotive retail sales other than those of an incidental nature not occupying an area open to the public greater than 100 square feet; ORDINANCE NO. 150E -2. A carwash; and -3. Additional service islands or mechanic's bays; or d. Converted from one type of station to another so as to delete all of one or of both of the following: -1. Pump(s) labeled "full-service", "mini -service" or otherwise marked so as to indicate the availability of attendant assistance in pumping fuel; or -2. Mechanic's bay(s) in which emergency repairs by a mechanic are available. 14.87.040 APPROVAL a. In order to grant any use permit for a gasoline service station as described above, the findings of the Planning Commission shall be as described in Municipal Code Section 14.76.040. b. In addition, for uses as described in Subsection d above, findings shall also be made that such a use would not signi- ficantly adversely affect the public health, safety or welfare in terms of discrimination against individuals needing refueling assistance and the availability of minor emergency automobile repair services and public restrooms. c. The Planning Commission may designate such conditions as described in Municipal Code Section 14.76.040b in approving the use permit. For uses as described in Subsection d above, such conditions may include the required posting of signs informing motorists of the location of the nearest facility offering the services listed. 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 por- tions 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 circula- tion, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. Attest: JE M. LEONCI , City Clerk 20-21 B/8 �G LAWRENCE E. MULRYAN,-Mayor — 2 — ORDINANCE NO. 15C_ The foregoing Ordinance No. 1506 was read and intro- duced at a Regular meeting of the City Council of the City of San Rafael, held on the 6th day of May , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan 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 the 20th day of May , 1985. JE I. EO �City,rk - 3 -