HomeMy WebLinkAboutOrdinance 2015 (Animal Care Facilities Ordinance)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
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
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 1st day of August 2022; a
SUMMARY of Ordinance No. 2015 was 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 September, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
7th day of September 2022
______________
LINDSAY LARA
City Clerk
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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
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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)
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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: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk