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HomeMy WebLinkAboutOrdinance 1689 (Deleting Motor Vehicle Rentals)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. 1689 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE SECTION 14.05.020, TABLE 14.05.020, LAND USE REGULATIONS FOR THE COMMERCIAL AND OFFICE DISTRICTS, TO DELETE MOTOR VEHICLE RENTALS AS A USE PERMITTED BY RIGHT IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT" 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 4th day of DECEMBER, 1995, 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 DECEMBER, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: DISQUALIFIED: COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Zappetini (Due to conflict of interest) WITNESS my hand and the official seal of the City of San Rafael this 20th day of DECEMBER, 1995. JEANf M. LEONCINI, 'ty Clerk ORDINANCE NO. 1689 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ZONING ORDINANCE SECTION 14.05.020, TABLE 14.05.020, LAND USE REGULATIONS FOR THE COMMERCIAL AND OFFICE DISTRICTS, TO DELETE MOTOR VEHICLE RENTALS AS A USE PERMITTED BY RIGHT IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONING DISTRICT THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the San Rafael Planning Commission has held a duly -noticed public hearing on the proposed amendment to the zoning ordinance as required by State Law and has considered all written correspondence, verbal testimony and the staff report relevant to the proposed amendment and has recommended to the City Council approval of the proposed amendment to delete Motor Vehicle Rentals as a use Permitted by right in the Neighborhood Commercial District; and WHEREAS, the City Council has held a duly noticed public hearing on the proposed amendment to the zoning ordinance and has considered all written correspondence, verbal testimony and the staff reports; and WHEREAS, the proposed amendment is consistent in principle with the General Plan in that the Neighborhood Commercial Land Use Category is intended to provide restricted neighborhood -serving retail uses such as pharmacies and markets. Motor Vehicle Rentals are used infrequently and do not need to be located within residential neighborhoods. Deleting rentals as a permitted use is consistent with LU -38 which states that businesses locating adjacent to residential areas must be designed to minimize nuisance impacts. Motor Vehicle Rentals generate traffic and noise which are incompatible with residential neighborhoods; and WHEREAS, the public health, safety and general welfare are served by the adoption of the proposed amendment. Motor Vehicle Rentals generate traffic and noise which are incompatible with residential neighborhoods and with small retail uses. Large vehicles, such as trucks and recreational vehicles, cannot be easily screened and are not compatible with the retail character of the District and the residential character of the surrounding neighborhoods. ORIGINAL � �� 1-1 THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS DIVISION 1. Section 14.05.020, Table 14.05.020, Land Use Regulations for the Commercial and Office Districts, is amended as shown in Exhibit A to delete Motor Vehicle Rentals as a use Permitted by right in the Neighborhood Commercial (NC) District. DIVISION 2. This zoning amendment shall become effective in accordance with Section 65859 of the Government Code of the State of California. 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. ALB RT/J., B RO, Mayor Attest: �V lel � M. JE��LEONdNI, City Clerk The foregoing Ordinance No. i 6 8 a was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 4th day of December, 1995, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and Zappetini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) and will come up for adoption as an Ordinance of the City of San Rafael at a RF.(;jug meeting of the Council to be held on the 18th day of December, 1995. JE NE M. LEONCD City Clerk EXHIBIT A 14.05.020 ZONING Type of Land Additional Use Use GC NC O DCC C/O R/O FBWC* Regulations Gasoline sta- C C C C C C See Chapter tions (includ- 14.16 regula- ing minor tions. For repair, repair, such see Chapter as tune -u s 14.17 standards. p, brakes, batter- ies, tires and mufflers Rentals C ,Pr C C Repairs, major C See Chapter (engine work, 14.17 standards. painting, and body work) Repairs, minor C C C C C See Chapter (tune-ups, 14.17 standards. brakes, batter- ies, tires, mufflers and upholstery) Sales, new or C C C used vehicles Sales, parts P P P C and supplies Sales, tires and C C C ancillary service Music rehearsal/ C recording studios Outdoor storage C C C C C (San Rafael 11-92) 330-10