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HomeMy WebLinkAboutOrdinance 1288 (Motor Vehicle Service Uses)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 foregoing Charter Ordinance No. 1288, entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING ORDIN- ANCES NOS. 1020 §1 AND 1007 §1 (PART), AS CODIFIED AT SECTIONS 14.08.140 M, 14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED "MOTOR VEHICLE SERVICE USES" 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 February, 1978, published as required by City Charter in the Independent - Journal. Ordinance was amended and reintroduced at a regular meeting of the City Council of the City of San Rafael held on the eighteenth day of September, 1978, was published, as amended, in the Independent -Journal, a newspaper printed and 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 second day of October, 1978 by the following vote, to wit: AYES: COUNCILMEN: Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Miskimen and Mayor Bettini WITNESS my hand and the official seal of the City of San Rafael this twelfth day of October, 1978. JNE M. LEONCINI, Cit Clerk ORDINANCE NO. 1288 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY AMENDING ORDINANCES NOS. 1020 §1 AND 1007 2 (PART), AS CODIFIED AT SECTIONS 14.08.140 M., 14.52.050 AND 14.56.020 RESPECTIVELY, AND ADDING A NEW CHAPTER 14.63 ENTITLED "MOTOR VEHICLE SERVICE USES" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Ordinance No. 1020 §1, as codified at Section 14.08.140 M. of the San Rafael Municipal Code is hereby amended to read and provide as follows: 14.08.140 M. Major Medical Care Facility: Is an institution which provides intensive supervision and/or medically supervised treatment to patients who are generally nonambulatory. This category shall include hospitals (general and special), extended care facilities (treatment and convalescent) and children's treatment centers. Marine Uses: Construction and repair of boats and boat engines, dry docks, dry display of boats for sale, and all yacht harbor and yacht basin uses except commercial launching facilities that are not accessory to the above uses. Mobile Home: A vehicle, other than a motor vehicle, designed or used for human residential habitation, for carrying persons and property on its own structure, and for being drawn by a motor vehicle. Mobile Home Lot: The area of land in a mobile home park - not a sub- divided lot - assigned for the exclusive use of the occupants of the mobile home located on that stand. The lot usually includes a stand, patio, parking area or carport and yards or landscaped area. Mobile Home Park: An area, or tract of land, where one hundred and twenty (120) or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. Mobile Home Stand: The area on which the mobile home is placed when it is stationed on the lot, including the land lying under the mobile home. Motor Coach: A motor vehicle designed to permit human habitation, and licensed and capable of operating under its own power upon a public highway. Motor Vehicle Service Use: A use where automobiles, motorcycles, trucks, or other motorized vehicles obtain the following or similar services: tune-up, body and paint work, transmission, brakes and tire installation and repair, wheel alignment, and specialty equipment installation or modification (e.g., stereo, C.B. radio, customizing interiors). Gasoline service stations do not fall under this definition. DIVISION 2. Ordinance No. 1007 §1 (Part 1) as codified at Section 14.52.050 of the San Rafael Municipal Code is hereby amended to read and provide as follows: 14.52.050 Uses Permitted. The following uses are permitted on any parcel of land having principal frontage on an improved accepted City street and subject to securing a use permit in each case and subject to the provisions of Sections 14.52.020, 14.52.030 and 14.52.040: (a) Retail stores and personal service establishments and offices. (b) Wholesale stores and storage. (c) Manufacture of clothing, novelties, toys, and small appliances. (d) Research laboratory. (e) Motor vehicle service uses. (f) Wood or steel assembly or finished materials, machine shops, assembly plants, sheet metal shops, cabinet shops, furniture manufacturing and other uses which, in the opinion of the Planning Commission, are of a similar nature. (g) Day care facilities and major medical care facilities. Said uses shall be free of nuisance factors such as objectionable sights, sounds, smells, and noxious fumes. DIVISION 3. Ordinance No. 1007 §1 (Part 1) as codified at Section 14.56.020 of the San Rafael Municipal Code is hereby amended to read and provide as follows: 14.56.020 Uses Permitted. The following uses are permitted in the M district: (a) Retail and wholesale stores, storage distribution plants, ice and cold storage plants. (b) Light manufacturing including manufacture of novelties, clothing, toys, light sheet metal products,pharmaceuticals, dairy products, and other uses which in the opinion of the Planning Commission are of a similar nature and not obnoxious by reason of emission of dust, odor, smoke, or noise, or involving dangerous materials. (c) Motor vehicle service uses. (d) Day care facilities and major medical care facilities. - 2 - DIVISION 4. Chapter 14.63 of Title 14 of the San Rafael 'Municipal Code is hereby enacted to read and provide as follows: Chapter 14.63 - Motor Vehicle Service Uses Sections: 14.63.10 Standards 14.63.20 Noncompliance 14.63.10 Standards. Motor vehicle service uses shall comply with the following standards: (a) All spraying operations are to be conducted within a spray booth which has been approved by the City Fire Marshal. building. (b) All repair work shall take place entirely within the (c) All vehicles which are visually damaged, disabled or visually in the process of repair shall be stored and/or worked upon in a loca- tion on-site that is not visible from off-site. Vehicles not visually damaged, waiting to be repaired, or waiting to be picked up after repair, shall be stored on-site but may he visi- ble from off-site; or, in lieu of said on-site par':ing, alternate parking of appropriate size and within 500 feet may be substituted provided that at the time a business license is issued or renewed, a lease for said parking con- current with the term of the business license is submitted. (d) There shall be no outside storage of materials or equipment unless screened from view in a manner approved by the Planning Director. (e) (1) There shall be one parking space per employee. (2) There shall be three additional vehicle spaces for each person who works on a motor vehicle, based upon a maximum number of people who will be working on motor vehicles at the same time. One full-time road service or road service employee nay be excluded. (f) Vehicle parking on the site shall be located and accommodated so that vehicles have a capacity to be heading toward 'the street when they exit. 14.63.20 Noncompliance Any motor vehicle service use that is listed as a "per-nitted use" in th? District in which it is proposed for location and which cannot comply with the development standards set forth in Section 14.63.10 shall require a use permit. Such Use Permit request shall specify specific justification as to why the development standards cannot be met. - 3 - DIVISIION 5. 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, sub- section, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 6. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. FW-E(!7ce Mayor Attest: NNE �M. LEONCINI, ity Clerk The foregoing Ordinance No. 1288 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the sixth day of February, 1978, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon was amended and reread and reintroduced at a regular meeting of the City Council of the City of San Rafael, held on the eighteenth day of September, 1978, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini 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 second day of October, 1978. JNNE M. LEONCINI, City Clerk 22 B/3,4 -4-