HomeMy WebLinkAboutCD Amendment to Zoning Ordinance to Allow Animal Care Facilities as a Conditionally Permitted Use in the Office (O) Zoning District____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: August 1, 2022
Disposition: Waived further reading and introduced Ordinance No. 2015
Agenda Item No: 5.a
Meeting Date: August 1, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Ali Giudice, CDD Director
Leslie Mendez, Planning Director
Jayni Allsep, Contract Planner
City Manager Approval: ______________
TOPIC: AMENDMENT TO ZONING ORDINANCE TO ALLOW ANIMAL CARE FACILITIES AS
A CONDITIONALLY PERMITTED USE IN THE OFFICE (O) ZONING DISTRICT
SUBJECT: INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
THE TEXT OF THE SAN RAFAEL MUNICIPAL CODE, TABLE 14.05.020 UNDER
SECTION 14.05.020, LAND USE REGULATIONS (GC, NC, O, C/O, R/O, FBWC) TO
ALLOW ANIMAL CARE FACILITIES AS A CONDITIONALLY PERMITTED USE IN THE
OFFICE (O) DISTRICT SUBJECT TO PERFORMANCE STANDARDS; AMENDING
THE TEXT OF TABLE 14.06.020 UNDER SECTION 14.06.020, LAND USE
REGULATIONS (I, LI/O, CCI/O, LMU) TO SUBJECT ANIMAL CARE FACILITIES TO
PERFORMANCE STANDARDS; AND AMENDING TEXT OF CHAPTER 14.17 TO
ESTABLISH PERFORMANCE STANDARDS FOR ANIMAL CARE FACILITIES
RECOMMENDATION:
Waive further reading and introduce the Ordinance of the City of San Rafael amending Title 14 (Zoning
Ordinance) to allow “animal care facilities” excluding exterior kennels, pens or runs, as a conditionally
permitted use in the Office (O) District and to establish performance standards for animal care facilities.
BACKGROUND:
On June 28, 2022, the Planning Commission considered a draft ordinance, proposed by applicant Peter
Spoerl, to amend the Zoning Ordinance to allow animal care facilities in the Office (“O”) District subject
to zoning administrator level use permit approval. During the June 28th hearing, the Planning
Commission received all public comments, deliberated, and unanimously recommended that the City
Council adopt the Ordinance with the recommendation that Council also adopt performance standards
or best practices—similar to those codified for Animal Keeping (SRMC §14.17.020) that would apply to
animal care facilities throughout the City to help minimize potential nuisance factors. The attached
ordinance (Attachment 1) includes both the text amendment as reviewed by the Planning Commission
with the added recommended performance standards discussed below.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:
Chapter 14.05 - COMMERCIAL AND OFFICE DISTRICTS of the City’s Municipal Code contains land
use regulations for commercial and office districts. As shown in Table 14.05.020, animal care facilities,
excluding exterior kennels, pens, or runs, are currently permitted in the General Commercial (GC),
Neighborhood Commercial (NC), and Commercial Office (C/O) Districts, subject to approval of a use
permit by the zoning administrator. Animal care facilities are currently not permitted in the Office (O)
District.
The proposed zoning text amendment would allow animal care facilities in the O District, subject to the
approval of a use permit by the zoning administrator, and consistent with what is allowed in other
Commercial Districts within the City. In response to the Planning Commission’s recommendation, staff is
recommending a text amendment to Chapter 14.17 to include performance standards that would apply
to all animal care facilities proposed within the City. The proposed performance standards are contained
in Attachment 1. Even with the adoption of the proposed performance standards, a use permit approved
by the zoning administrator would still be required. Additional information (e.g. noise attenuation study)
may be required and additional conditions may be imposed as deemed necessary to ensure the permit
complies with the findings required by Section 14.22.080, in particular, that the proposed use would
“not be detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity, or to the general welfare of the city.”
Based on the analysis above and the analysis contained in the June 28th Planning Commission staff
report, staff believes that the proposed zoning ordinance amendments would be consistent in principle
with General Plan 2040 in that it would expand the variety of commercial uses allowed in the Office
District, which would contribute to a “complete community” with a diversity of land uses in locations that
conveniently serve and benefit the community. Animal care facilities are consistent with the wide range
of uses already allowed within the Office District, including residential uses, and they are already
conditionally permitted in the General Commercial (GC), Neighborhood Commercial (NC), and
Commercial Office (C/O) Districts. The public health, safety and general welfare would be served by
the proposed amendment because the proposed performance standards would minimize potential
nuisance factors that could result from animal care facilities. Proposed performance standards would
address sanitary conditions, and sound attenuation.
ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section
15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no
possibility that the adoption of this zoning amendment or its implementation would have a significant
effect on the environment.
COMMUNITY OUTREACH:
On June 28, 2022, the Planning Commission of the City of San Rafael held a duly noticed public hearing
at which the Planning Commission received all public comments and a report provided by the Community
Development Department and approved Resolution 22-13 recommending the City Council amend the
Municipal Code related to animal care facilities in commercial zoning districts.
A public hearing notice was mailed to interested parties and was published in the Marin Independent
Journal on July 16, 2022, for the City Council to receive public comments and consider an ordinance
amending the San Rafael Municipal Code.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
FISCAL IMPACT:
There is no direct fiscal impact to the City in connection with the action requested in this report.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Introduce the ordinance,
2. Continue action for additional information and response to Council comments and concerns; or
3. Deny the proposed zoning text amendment
RECOMMENDED ACTION:
Waive further reading and introduce the Ordinance of the City of San Rafael amending Title 14 (Zoning
Ordinance) to allow “animal care facilities” excluding exterior kennels, pens or runs, as a conditionally
permitted use in the Office (O) District and to establish performance standards for animal care facilities.
ATTACHMENTS:
1. Draft Ordinance
2. Planning Commission Resolution (without attachments)
3. Report to the Planning Commission, dated June 28, 2022
_ 1
ORDINANCE NO. 2015
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE TEXT OF THE SAN
RAFAEL MUNICIPAL CODE, TABLE 14.05.020 UNDER SECTION 14.05.020, LAND USE
REGULATIONS (GC, NC, O, C/O, R/O, FBWC) TO ALLOW ANIMAL CARE FACILITIES AS
A CONDITIONALLY PERMITTED USE IN THE OFFICE (O) DISTRICT SUBJECT TO
PERFORMANCE STANDARDS; AMENDING THE TEXT OF TABLE 14.06.020 UNDER
SECTION 14.06.020, LAND USE REGULATIONS (I, LI/O, CCI/O, LMU) TO SUBJECT
ANIMAL CARE FACILITIES TO PERFORMANCE STANDARDS; AND AMENDING TEXT OF
CHAPTER 14.17 TO ESTABLISH PERFORMANCE STANDARDS FOR ANIMAL CARE
FACILITIES
WHEREAS, the City of San Rafael Community Development Department has received
an application requesting a zoning text amendment; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly-noticed public
hearing on the proposed amendment to the San Rafael Municipal Code, accepting all public
testimony and the written report of the Department of Community Development, and
recommended to the City Council the approval of the amendment; and
WHEREAS, on August 1, 2022, the San Rafael City Council held a duly-noticed public
hearing on the proposed zoning text amendment, as required by State law, accepting all oral
and written public testimony and the written report of the Community Development Department
staff reports relevant to the proposal; and
WHEREAS, the City’s police power allows it to regulate animals and animal care in
accordance with the health, safety, and welfare of the general public (Cal. Const., Art. XI, § 7);
and
WHEREAS, the City has determined that amending the City’s Zoning Code to allow for
animal care facilities, as defined, as a conditionally permitted use in the Office District and to
establish performance standards for animal care facilities in the City further the health, safety,
and welfare of the general public; and
WHEREAS, upon review of the application, the City Council finds that this project is
exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3)
of the State CEQA Guidelines because it can be seen with certainty that there is no possibility
that adoption of this zoning text amendment or its implementation would have a significant effect
on the environment; and
WHEREAS, the Community Development Department of the City of San Rafael is the
custodian of documents which constitute the record of proceedings upon which this decision is
based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
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Section 1. Findings.
The City Council of the City of San Rafael hereby determines and finds that all of the facts and
statements contained in the recitals herein and findings of the Planning Commission Resolution
22-13 recommending to the Council adoption of this ordinance, are true and correct.
Section 2. Amendment of Table 14.05.020 of the San Rafael Municipal Code.
Table 14.05.020, in Section 14.05.020 (“Land Use Regulations (GC, NC, O, C/O, R/O, FBWC)”)
of Chapter 14.05 (“Commercial and Office Districts”) of Division II (“Base District Regulations”)
of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended as set forth
below. Deletions are in strikethrough, and additions are in bold and underline. Unless
indicated below, no other cells or rows within Table 14.05.020 shall be modified by this
amendment.
Table 14.05.020
Type of Land
Use
GC NC O C/O R/O FBWC
*
Additional Use Regulations
Commercial
Uses
Animal sales
and service,
excluding
exterior
kennels, pens
See Chapter 10.24
Animal care
facilities
CZ
CZ
CZ
CZ
See Chapter 14.17 standards.
Animal
retail
sales
P
P
P
Section 3. Amendment of Table 14.06.020 of the San Rafael Municipal Code.
Table 14.06.020, in Section 14.06.020 (“Land Use Regulations (I, LI/O, CCI/O, LMU)”) of
Chapter 14.06 (“Industrial Districts (I, LI/O, CCI/O, LMU)”) of Division II (“Base District
Regulations”) of Title 14 (“Zoning”) of the City of San Rafael Municipal Code is hereby amended
as set forth below. Deletions are in strikethrough, and additions are in bold and underline.
Unless indicated below, no other cells or rows within Table 14.06.020 shall be modified by this
amendment.
Table 14.06.020
Type of Land Use I LI/O CCI/O LMU Additional Use Regulations
Commercial Uses
_ 3
Animal care facilities (with or without exterior kennels, pens or runs) CZ CZ CZ CZ See Chapter 14.17 standards.
*Without exterior kennels, pens
or runs (See Chapter 10.24).
Section 4. Addition of Chapter 14.17.040 – “Animal Care Facilities” to the San Rafael
Municipal Code.
Section 14.17.040 (“Animal care facilities”) is hereby added to Chapter 14.17 (“Performance
Standards”) of Division IV (“Regulations Applying in All or Several Districts”) of Title 14
(“Zoning”) of the San Rafael Municipal Code as set forth below.
Section 14.17.040 - Animal care facilities.
A. Purpose. Performance standards related to animal care facilities protect the public
health, safety and general welfare by minimizing potential nuisance factors that may
result from the caring of animals.
B. Applicability. Performance standards for animal care facilities, unless specifically
exempted by this subsection shall apply throughout the City of San Rafael. A use
permit approved by the zoning administrator, issued pursuant to Chapter 14.22 of this
Division, shall be required for animal care facilities within the City of San Rafael.
C. Findings. In order to grant a use permit for animal care facilities in an
office/commercial district, the following findings shall be made:
1. Compliance with Applicable Laws. The animal care facility will not violate any
provision of the San Rafael Municipal Code or any other applicable provision
of law. The animal care facility shall maintain an employee handbook outlining
best management practices for handling of animals, handling medical waste
and disposal of animal waste.
2. Sound Attenuation. The animal care facility shall not result in sound levels that
exceed the noise levels established under Chapter 8.13 for any adjacent
tenant spaces or properties.
3. Waste. The animal care facility shall include and maintain adequate waste
and hazardous waste facilities at all times.
4. Nuisances. The animal care facility will not result in other public or private
nuisances.
Section 5. Severability.
If any section, subsection, phrase or clause of this ordinance is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this and each section,
subsection, phrase or clause thereof irrespective of the fact that any one or more sections,
subsections, phrase or clauses be declared unconstitutional on their face or as applied.
Section 6. Compliance with CEQA.
The City Council hereby finds that the action to adopt this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)
_ 4
of the CEQA Guidelines, because it can be seen with certainty that there is no possibility the
adoption of this Ordinance may have a significant effect on the environment, and pursuant to
CEQA Guidelines section 15183 (consistent with the general plan and zoning).
Section 7. Publication; Effective Date.
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for or against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San
Rafael City Council on the 1st day of August 2022, and was passed and adopted at a regular
meeting of the San Rafael City Council on the 6th day of September 2022 by the following vote,
to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk
Exhibit 1 Page-1
RESOLUTION NO. 22-13
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN AMENDMENT TO
TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (ZONING), TABLE 14.05.020
UNDER SECTION 14.05.020, LAND USE REGULATIONS (GC, NC, O, C/O. R/O,
FBWC) TO ALLOW “ANIMAL CARE FACILITIES” EXCLUDING EXTERIOR
KENNELS, PENS OR RUNS, AS A CONDITIONALLY PERMITTED USE IN THE
OFFICE (O) DISTRICT (ZO22-002)
WHEREAS, the City of San Rafael Community Development Department has
received an application requesting a Zoning Text Amendment (ZO22-002); and
WHEREAS, this zoning text amendment to Title 14 of The San Rafael Municipal
Code (Zoning), Table 14.05.020 Under Section 14.05.020, Land Use Regulations (GC,
NC O, C/O, R/O, FBWC) would allow “Animal Care Facilities” excluding exterior kennels,
pens or runs, as a conditionally permitted use in the Office (O) District, subject to approval
of a Use Permit by the Zoning Administrator; and
WHEREAS, on June 28, 2022, the Planning Commission held a duly noticed
public hearing on the proposed amendment to the San Rafael Municipal Code, Title 14,
accepting all oral and written public testimony and the written report of the Community
Development Department staff; and
WHEREAS, upon review of the application, the Planning Commission finds that
this project qualifies for a Categorical Exemption from the California Environmental
Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the State CEQA Guidelines
because it can be seen with certainty that there is no possibility that the adoption of this
zoning amendment or its implementation would have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission
recommends to the City Council adoption of the amendment to the San Rafael Municipal
Code as outlined in Attachment A of this resolution, based on the following findings as
required under Zoning Code Section 14.27.060:
1.The amendment to San Rafael Municipal Code Title 14 – Zoning Ordinance is
consistent with the guiding principles that underpin the San Rafael General Plan
2040 in that it would expand the variety of commercial uses allowed in the Office
District, and would contribute to a “complete community” with a diversity of land
uses in locations that conveniently serve and benefit the community. The
amendment is consistent with the following specific and applicable policies:
a.Policy LU-2.1: Land Use Map and Categories in that the distribution of
land use categories within the San Rafael Planning Area, as shown on the
General Plan 2040 Land Use Map, was considered in staff’s analysis of
the amendment’s conformance with General Plan 2040;
b.Policy LU-2.13: Odor Impacts and Program LU-2.13A: Evaluation of
Odor Impacts in that the potential for odor impacts was considered in
staff’s analysis of the amendment’s conformance with General Plan 2040;
EXHIBIT 1
Exhibit 1 Page-2
c. General Plan Policies N-1.2: Maintaining Acceptable Levels of Noise
and N-1.9 (Maintaining Peace and Quiet), and which aims to minimize
noise conflicts resulting from everyday activities, including business
operations; and Program N-1.9A: Noise Ordinance which calls to
maintain and enforce the noise ordinance by including “Additional Use
Regulations” as reflected in Exhibit A of Draft Resolution, which require
that applicants submit documentation that demonstrates adequate sound
attenuation improvements within the facility in order to fully comply with
the general noise limits contained in Section 8.13.040(B) of the SRMC.
These restrictions and requirements would mitigate potential noise
impacts associated with animal care facilities on adjacent land uses.
2. The public health, safety and general welfare are served by adoption of the
proposed amendment to the SRMC in that all animal care facilities located within
the Office District would be required to be located entirely within the interior of a
building, overnight boarding of animals would be limited to only that which is
strictly necessary for medical purposes, and appropriate sanitation, odor control,
and sound attenuation would be required.
The foregoing Resolution was adopted at the regular City of San Rafael Planning
Commission meeting held on the 28th day of June 2022 with the recommendation to
adopt broader standards/best practices for animal care services throughout the City.
Moved by Commissioner Samudzi and seconded by Commissioner Harris.
AYES: Commissioners Harris, Haveman, Mercado, Samudzi, and Chair
Previtali
NOES: None
ABSENT: Vice-Chair Saude and Commissioner Shalk
ABSTAIN: None
SAN RAFAEL PLANNING COMMISSION
ATTEST: BY:
Leslie Mendez, Secretary Jon Previtali, Chair
Attachment A: Amendment to San Rafael Municipal Code Title 14 (Zoning),
Table 14.05.020 of Section 14.05.020
Attachment 3 – Report to the Planning Commission,
dated June 28, 2022
https://storage.googleapis.com/proudcity/sanrafaelca/uploads/2022/06/3.
-Animal-Care-Facilities-Staff-Report.pdf
