HomeMy WebLinkAboutOrdinance 1748 (Firearm Dealers)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. 1748 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN
RAFAEL ZONING ORDINANCE), BY AMENDING SECTION
14.16.220 F (HOME OCCUPATIONS) TO PROHIBIT FIREARMS
DEALER AS A HOME OCCUPATION; ADDING SECTION 14.17.075
CA (PERFORMANCE STANDARDS -- GUN SHOPS) TO PROHIBIT
GUN SHOPS FROM OPERATING NEAR SENSITIVE LAND USES,
AND AMENDING SECTION 14.03.030 (DEFINITIONS) TO ADD A
DEFINITION FOR GUN SHOP AND FIREARMS DEALER"
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 22nd day of February, 2000,
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 6th day of March, 2000, 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
9th day of March, 2000
. ,, -,tom ,ate
JE M. LEONCM' , City Clerk
ORDINANCE NO. JAB
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN
RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), BY AMENDING
SECTION 14.16.220 F (HOME OCCUPATIONS) TO PROHIBIT FIREARMS DEALER AS A
HOME OCCUPATION; ADDING SECTION 14.17.075 C.4 (PERFORMANCE STANDARDS -
GUN SHOPS) TO PROHIBIT GUN SHOPS FROM OPERATING NEAR SENSITIVE LAND
USES, AND AMENDING SECTION 14.03.030 (DEFINITIONS) TO ADD A
DEFINITION FOR GUN SHOP AND FIREARMS DEALER
WHEREAS, on November 15, 1999 the City Council held a public hearing to consider adoption of
Ordinances to prohibit the sale of "Saturday Night Specials" and to add regulations to firearm
dealers. During that public hearing, staff was directed by the City Council to bring forth zoning
law changes explicitly prohibiting firearm dealers in residential neighborhoods and prohibiting
firearm dealers from operating near sensitive areas; and
WHEREAS, on January 25, 2000 the San Rafael Planning Commission held a Public Hearing on
the proposed amendments, accepting public testimony and the written report of the Planning
Division; and
WHEREAS, the San Rafael City Council has held a duly noticed hearing on the proposed
amendment to the Zoning Ordinance as required by State law and has considered written
correspondence, verbal testimony and the staff reports relevant to the proposed
Amendment; and
WHEREAS, this ordinance is hereby found to be categorically exempt from environmental review,
per the provisions of Section 15061(b)(3) of the California Environmental Quality Act as amended
and per the City's Environmental Assessment Procedures Manual, Categorical Exemptions,
Class 5 F, Zoning Ordinance text amendments; and
WHEREAS, the City Council adopts the following findings in support of the amendment as
required under Zoning Ordinance Section 14.27.060:
A. The proposed amendment is consistent in principle with the General Plan because
General Plan Safety Goal S-A states that the Goal of the City is to protect the
Community by achieving and maintaining a safe, healthy, and secure living and
working environment. The City's Police Chief has recommended that gun shops not
be permitted as a home occupation and that gun shops not be permitted to operate
near sensitive land uses.
B. The public health, safety, and general welfare are served by the adoption of
the proposed amendments because the City's Police Chief has recommended that
gun shops not be permitted as a home occupation and that gun shops not be
permitted to operate near sensitive land uses.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Chapter 14.03, Section 14.03.030 (Definitions) is amended to add the following:
Gun Shom an establishment or person engaged in the sale, lease or transfer of firearms
pursuant to California Penal Code Section 12071 (a)(1).
Firearms Dealer: any person licensed to sell, lease or transfer firearms pursuant to
California Penal Code Section 12071 (a)(1).
DIVISION 2. Chapter 14.16, Site and Use Regulations, Section 14.16.220 Home Occupations, F.
Uses that are Prohibited, is amended to add:
4. Uses that are Prohibited. The following uses by the nature of the business or operation have a
pronounced tendency once started to rapidly increase beyond the limits permitted for home
occupations and thereby substantially impair the use and value of a residential area for residence
purposes. Therefore the uses specified below shall not be permitted as home occupations: auto
repair, minor or major; carpentry; dance instruction; dental offices; medical offices; painting of
vehicles, trailers or boats; photo -developing; photo studios; private schools with organized
classes; upholstering; fortune-telling. A medical marijuana dispensary is not permitted as a home
occupation in any district within the City of San Rafael. Firearms Dealer is not permitted as a
home occupation in anv district within the Citv of San Rafael.
DIVISION 3. Chapter 14.17, Performance Standards, Section 14.17.075, C. Standards, is
amended to add:
4. Location. No oun shop shall be located within 300 feet of a day care facilitv, church, or
school. The 300 feet measurement shall be from lot line to lot line.
DIVISION 4. If any section, 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 City 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, clauses or phrases be declared invalid.
DIVISION 5. 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.
A�BERT J. RO• Mayor
Attest:
JJE6M. 4�E �
JE LEONCINI, City Clerk
The foregoing Ordinance Number 1748 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 22nd day of FEBRUARY 2000, and ordered passed
to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: Phi 1 1 i pS
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 6th day of MARCH , 2000.
JE M. LEONCINI, City Clerk
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