HomeMy WebLinkAboutOrdinance 1310 (Fast Food Establishments)4
CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City Clerk of the City of
San Rafael, and Ex -officio Clerk of the Council of said
City do hereby certify that the foregoinq Charter
Ordinance No. 1310 entitled:
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 14.08.070 F AND 14.44.020 II (a) BY ADDING A
DEFINITION OF THE TERM "FAST FOOD ESTABLISHMENT" TO THE
FORMER SECTION AND BY ADDING SAID USE AS DEFINED HEREIN
TO THE LATTER SECTION OF THE SAN RAFAEL MUNICIPAL CODE
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 18th
day of September 19 78 . Published as re-
quired by City Charter in the San Rafael Pointer ,
a newspaper printed and published in the City of San Rafael
and passed and adopted as an ordinance of said City at
the same regular meeting of the City Council of said City
held on the 18th day of September 19 78 by the
following vote, to -wit:
Ayes: Councilmen~ Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
Noes: Councilmen: None
Absent: Councilmen: Mayor Bettini
WITNESS my hand and the official seal of
the City of San Rafael this 26th day of
September 19 78
6�N M. LEONCINI, I ty Clerk
ORDINANCE NO. 1310
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING SECTIONS 14.08.070 F. AND 14.44.020 II.(a)
BY ADDING A DEFINITION OF THE TERM "FAST FOOD ESTABLISHMENT"
TO THE FORMER SECTION AND BY ADDING SAID USE AS DEFINED HEREIN
TO THE LATTER SECTION OF THE SAN RAFAEL MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Section 14.08.070 F. of the San Rafael Municipal
Code, "Definitions" is hereby amended by adding the following definition:
"Fast food establishment" is any place where the dominant business
activity is the selling of food prepared for consumption wherein the
customary and predominant manner of transmitting the food to the cus-
tomer is in containers that may be removed from the premises at the
option of the customer for consumption of the food offsite."
DIVISION 2. Section 14.44.020 II.(a) of the San Rafael
Municipal Code is hereby amended by adding the term "fast food es-
tablishment" after the words "used car sales lots".
DIVISION 3. This Ordinance is an Urgency Ordinance for the
needed preservation of the public peace, health, or safety within_
the meaning of Government Code Section 25123 and shall go into effect
immediately. The facts constituting such necessity are as follows:
The City of San Rafael, through its Redevelopment Agency,
is attempting to rehabilitate and renew the urban core and other
areas of the City through beautification, traffic, and circulation,
parking acquisition and other such projects so that these areas will
be restored to a position of civic importance and prominence and
perhaps attract new businesses that will substantially increase the
City's tax revenues, a great portion of which have been diminished
since the passage of Proposition 13. In the spirit of such renewal
and beautification, the City has been placed in the position of as-
sessing and scrutinizing new uses which propose to locate within the
Redevelopment areas or in areas which receive high traffic or which
have great visual prominence.
� MI w. ff i 0--, - . umffiv �
Within the last several months, several applications have
been received by the City from "fast food establishments". Because
said businesses generate common impacts and often possess undersirable
visual appearances and cause traffic and police problems, City Officials
find that control and regulation of said establishments is imperative.
In order to exercise the degree of control necessary, a definition of
the term "fast food establishment" must be added to the Municipal Code
and included within these zoning classifications wherein such establish-
ments would most likely locate. Additionally, because the Redevelopment
effort is at a crucial stage presently, this definition and its in-
clusion within uses requiring use permits in commercial zones is
necessary immediately so that any future fast food establishments
applying for approval will be included within the Municipal Code pro-
visions.
DIVISION 4. 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.
F D JEN, Vice -Mayor
Attest:
J NE �M.LEONCINTI, City Clerk
The above and foregoing Ordinance No. 1310 was adopted
as an Urgency Ordinance of the City of San Rafael at a regular meeting
of the City Council of San Rafael held on the .18th day of September
1978, by the following vote, to wit:
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mayor Bettini
`( NE M. LEONC`14 , City Clerk
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