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HomeMy WebLinkAboutResolution No. 6558 (Second Dwelling Units Zoning)RESOLUTION NO. 6558 A RESOLUTION OF THE CITY OF SAN RAFAEL CERTIFYING A NEGATIVE DECLARATION AND ADOPTING VARIOUS TEXT CHANGES TO THE ZONING ORDINANCE REGARDING SECOND DWELLING UNITS AND RELATED DEFINITIONS WHEREAS, in September 1981, the City Council adopted the San Rafael Housing Element which established City policy to regulate and allow second dwelling units; and WHEREAS, the City initiated preparation of a second dwelling unit ordinance as implementation to the Housing Element and follow-up to recently passed State Legislation; and WHEREAS, a joint City Council/Planning Commission work- shop was held on January 5, 1983, to discuss the ordinance format and potential criteria for allowing second dwelling units; and WHEREAS, the Planning Commission held a public hearing on March 22, 1983, to discuss a staff report, draft second dwel- ling unit ordinance and related text changes to the Zoning Ordinance; and WHEREAS, after review of the draft ordinance and public testimony, the Planning Commission recommended certification of a Negative Declaration adoption of the text changes with minor changes in wording; and WHEREAS, the City Council held public hearings on April 18, 1983 and June 6, 1983, to consider adoption of the text changes and made the following findings: Second Dwelling Unit Ordinance (1) The adoption of a second dwelling unit ordinance which permits second dwelling units by Use Permit in single family residential districts developed with detached single family dwellings is consistent with the goals and policies of the Housing Element and General Plan in that second dwelling units would meet the needs for affordable housing, such as for small households and elderly or single persons with fixed or declining incomes. Further- more, construction of second dwelling units would not be as costly as new construction because there are no land and reduced infrastructure costs and the unit can be added at the cost of an addition to or remodeling of the main single family dwelling. - 1 - RESOLUTION NO. 6558 (2) The second dwelling unit ordinance as proposed would not be detrimental to the health, safety and welfare of surrounding residents, the character of existing neigh- borhood or the community as a whole in that the Use Permit process provides the City with adequate dis- cretionary control and specific requirements such as permanent owner occupancy on-site parking, compliance with zoning, spatial requirements (lot coverage, setback, etc.), and limitations on unit size. The City would continue to abate second dwelling units if compliance with specific requirements are not met and use permits not secured. Various Amendments to the Zoning Ordinance (1) The proposed definition changes and additions are con- sistent with the intent of the Zoning Ordinance in that they provide for a more precise and complete list of residential unit types. (2) Furthermore, the definition amendment for "family" is consistent with recent court decisions in that it elim- inates reference to "blood relatives" which has been determined to be discriminatory to unrelated persons living together as households. NOW, THEREFORE, BE IT RESOLVED that the City Council certifies a Negative Declaration and adopts the following Zoning Ordinance text changes: Section 14.16.025 "R-1, Single Family Residential District" is amended to include provisions for second dwelling units to read as follows: 14.16.025. USE PERMIT. a. Second Dwelling Units are permitted subject to obtaining a Use Permit in each case subject to the following criteria: (1) A maximum of one second dwelling unit shall be per- mitted per single family lot. (2) The property owner shall occupy either the main single family dwelling or the second dwelling unit throughout the life of the second dwelling unit. Exceptions to this owner occupancy requirement may only be granted where the property owner is relocated because of illness or employment. Such exceptions may only be granted by the City Council with adoption of specific findings as part of the original use permit approval or subsequent use permit amendment. (3) All new second dwelling units must comply with the Housing and Uniform Building Code. Legalization of existing unauthorized second dwelling units shall require compliance with the Housing Code to insure unit habitability provided that the property owner must show proof that the unit was in existence prior to June 6, 1983. An inspection must be made by the Building Division of the Department of Public Works or by an inspection firm approved by said Building Division to determine compliance with applicable codes. Exceptions to code compliance may only be granted by the Board of Appeals (City Council). - 2 - RESOLUTION NO. \ i8 ----- (4) Second dwelling units must comply with existing zoning requirements including setbacks, lot coverage, and building height. Where a second dwelling unit is proposed on a lot that is nonconforming or substandard in size, or is developed with a nonconforming struc- ture, the proposed second dwelling unit shall not increase the spatial nonconformity of the site or the improvements. Variances may be considered by the Planning Commission pursuant to Section 14.80.010 of the Zoning Ordinance. (5) All new second dwelling units must be structurally attached to the main single family dwelling; con- struction of new detached accessory structures for second dwelling units are prohibited. However, conversion of an existing detached structure (i.e., poolhouse, cabana) built prior to June 6, 1983 may be permitted provided that all other criteria are met. (6) The square footage of a second dwelling unit shall be no greater than 40% of the gross square footage of the main single family dwelling; except that any second dwelling unit may be at least 500 square feet even if that exceeds 40% of the main dwelling unit. In no case shall the second dwelling unit exceed 1,000 square feet in size. Exceptions may only be granted by the Board of Appeals (City Council). (7) Off-street parking shall be required for each second dwelling unit, in addition to the parking provided for the existing single family dwelling. One off-street parking space shall be required for studio and one bedroom second dwelling units. Two off-street parking spaces shall be provided for second dwelling units with two or more bedrooms. Parking for a second dwelling unit may be provided in the front setback provided that the parking space is located within the driveway apron only and not within any other portion of the required front yard. Variances may be granted by the Planning Commission, pursuant to Section 14.80.010 of the Zoning Ordinance. (8) A second dwelling unit shall be permitted exclusively for the purpose of rental or lease. (9) All use permits granted for second dwelling units must be recorded with the County of Marin, prior to issuance of any building permits. The purpose of recording the Use Permit is to put future buyers on notice that the second dwelling unit is subject to review by the City at any time and that owner occupancy is required. Findings: Findings required for issuing use permits under Section 14.76.040(a) shall be made for permitted second dwelling units. An additional finding must be made to assure compliance with the criteria required under this section. Section 14.48.040(b) "PC -Planned Community" District is amended to include provisions for second dwelling units to read as follows: b. Second dwelling units are permitted, subject to a use permit, in any P-C District containing single family lots developed with detached single family dwellings. All second dwelling units proposed on a single family lot within a P-C District shall comply with the criteria established under Section 14.16.025 of this Code. - 3 - RESOLUTION NO. 0558 Section 14.50.040(a) "PUD -Planned Unit Development" District is amended to include provisions for second dwelling units to read as follows: a. For areas resulting in single family use: the gross area of the development shall be computed; the average slope for the entire area of the development shall be computed (as set forth in Section 14.50.050); a minimum lot size shall be established by applying the average slope to the slope table (set forth in Section 15.34.020); the minimum lot size, as established by Section 15.34.020, shall be divided into the gross area figure of the proposed development; the figure thus established shall be the maximum number of dwelling units permitted. If the density requirements, herein set forth, are not the same as the density requirements set forth in the dis- trict(s) with which the P-U-D District is combined, the more stringent density requirements shall be complied with so that the lesser density shall be the maximum. Second dwelling units are permitted, subject to a use permit, in any PUD District containing single family lots developed with detached single family dwellings. All second dwelling units proposed on a single family lot within a PUD District shall comply with the criteria established under Section 14.16.025 of this code. Section 14.51. 020 B "PD -Planned Development" District is amended to include provisions for second dwelling units to read as follows: B. Second dwelling units are permitted, subject to a use permit, in any P-D District containing single family lots developed with single family dwellings. All second dwelling units proposed on a single family lot within a P-D District shall comply with criteria established under Section 14.16.025 of this code. Section 14.08 "Definitions" is amended to include new and revised definitions, to read as follows: Dwelling, One (1) Single Family: A permanent building designed or used exclusively as a residence in its entirety, to house not more than one (1) family and containing not more than one (1) kitchen. A mobile home or manufactured housing on a foundation as defined under Section 14.08.140 and complying with Section 14.14 of this Ordinance is considered a single family dwelling. Dwelling, Two (2) Family or Duplex: A single building con- taining two (2) dwelling units designed or used to house two (2) families living independently of each other; neither dwelling unit is a second dwelling unit as defined in Section 14.08.200S. Dwelling, Multiple Family: A building designed to house three (3) or more families living independently in individual dwelling units. Examples of multiple family dwellings include apartment houses, garden apartments, four-plexes, and flats. Dwelling, Unit: Any permanent building or portion thereof designed or used exclusively as a residence, with sleeping quarters, kitchen and independent bathroom facilities for one (1) or more persons. - 4 - RESOLUTION NO. 6558 Family: One or more persons occupying the same premises and living as a single housekeeping unit, as distinguished from a hotel, rooming house, etc. Family shall include all necessary servants. SECOND DWELLING UNIT: Is an additional dwelling unit con- structed as a part of, or separate from, an existing single family dwelling located on a lot within a single family residential district. Such a unit shall mean a room or group of rooms with kitchen and bathroom facilities independent from the main single family dwelling unit. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said Ci ty on Monday the 6th day of __ ~JLu~n~e~ _____ ' 1983, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen JF(9'~ONC~erk 26 B/5 - 5 -