HomeMy WebLinkAboutOrdinance 1756 (Second Dwelling Unit Violations)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. 1756 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN
RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030
(DEFINITIONS) TO REVISE THE DEFINITIONS FOR DWELLING
UNIT AND KITCHEN AND TO ADD A DEFINITION FOR
HOUSEHOLD, AND TO ADD SECTION 1.40.070 ESTABLISHING
REMEDIES FOR REPEAT ZONING VIOLATIONS INVOLVING
SECOND DWELLING UNITS"
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 180' day of September, 2000,
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 2"d day of October, 2000, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
5'' day of October, 2000
JEANE M. LEONCINI, City Clerk
ORDINANCE NO. 1756
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF
THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING
ORDINANCE), TO AMEND SECTION 14.03.030 (DEFINITIONS) TO REVISE
THE DEFINITIONS FOR DWELLING UNIT AND KITCHEN AND TO ADD A
DEFINITION FOR HOUSEHOLD, AND TO ADD SECTION 1.40.070
ESTABLISHING REMEDIES FOR REPEAT ZONING VIOLATIONS INVOLVING
SECOND DWELLING UNITS.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
WHEREAS, on January 13, 1998 and April 20, 1998 the Planning Commission
and City Council respectively held study sessions to discuss Zoning Ordinance
modifications to improve enforcement measures against illegal dwelling units;
and
WHEREAS, on June 24, 1998 the Planning Commission held a duly noticed
public hearing at which they accepted public testimony regarding proposed
amendments to the Zoning Ordinance definitions for "dwelling unit", "kitchen" and
regulations for accessory structures and secondary kitchens, and recommended
such changes to the City Council; and
WHEREAS, on August 5, 1999 the Planning Commission and City Council
conducted a special joint study session to consider additional code refinements
to improve enforcement against illegal second dwelling units, while attempting to
avoid unintended limitations on legitimate household facilities that might include
a second kitchen utilized by a common household; and
WHEREAS, on August 15, 2000, the Planning Commission held a duly noticed
public hearing on the proposed amendments as required by State law and
considered all written correspondence, verbal testimony and the staff report
relevant to the proposed amendment, and at which they accepted public
testimony, and recommended to the City Council approval of the proposed code
amendments; and
WHEREAS, on September 18, 2000, the City Council held a duly noticed public
hearing on the proposed code amendments and has considered all written
correspondence, verbal testimony and the staff report relevant to the proposed
amendments, and at which they accepted public testimony; and
WHEREAS, the amendments are consistent with General Plan Housing Element
Policy H-30 which encourages the protection of residents and housing stock by
abatement of illegal units, particularly the goals of the Natural Environment and
Noise Elements; and
WHEREAS, the public health, safety, and general welfare are served by the
adoption of the proposed amendment which enhances enforcement activities
against illegal units; and
WHEREAS, this ordinance is found to be categorically exempt from
environmental review, per the provisions of Section 15061(b)(3) of the California
Environmental Quality Act of 1970 as amended and per the City's Environmental
Assessment Procedures Manual, Categorical Exemptions, Class 5F, Zoning
Ordinance text amendments.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1:
Chapter 14.03, Section 14.03.030 (Definitions) of the San Rafael Municipal Code
is amended to revise the definitions of Dwelling Unit and Kitchen and to add a
definition of Household as follows:
"Dwelling Unit" means one or more rooms designed, occupied or intended for
occupancy as separate living quarters for the exclusive use of one household,
with a kitchen, sleeping facilities, and sanitary facilities.
"Kitchen" means any portion of a structure equipped, used or intended to be
used for the storage, preparation, and cooking of foods with proximal
arrangement of two or more of the following: a) sink (other than that associated
with a bathroom), b) food storage and preparation areas, c) refrigerator, or d)
cooking appliances including a stove, microwave oven, convection oven, cooking
burners or similar appliances. The storage of food in a pantry, freezer or
refrigerator located in any area of the structure shall not, by itself, classify such
area of the structure as a kitchen.
"Household" means one or more persons, whether or not related by blood,
marriage or adoption, jointly occupying a dwelling unit in a living arrangement
characterized by the sharing of common living areas, including area and facilities
for food preparation. Indicia of a separate household include, but are not limited
to, one or more of the following: a separate exterior entrance, a separate
address, a separate mail box designation, a separate utility service or meter, a
separate cable television line, and the existence of a rental advertisement for the
separate living quarters immediately preceding their occupancy.
DIVISION 2:
Chapter 1.40 of the San Rafael Municipal Code (Code Enforcement Authority
and Powers) is amended to add Section 1.40.070 as follows:
Section 1.40.070 Remedy for Repeat Zoning Violations Involving Illegal Dwelliing
Units or Illegal Second Dwelling Units
If a property owner violates the City's zoning ordinance by maintaining an illegal
dwelling unit or illegal second dwelling unit, after having been previously required
by the City to abate such a violation on the same property, the City may require,
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in addition to any other remedies permitted by law, the removal of such facilities
as may be necessary to eliminate the existence of a kitchen in the area of the
illegal dwelling unit or illegal second dwelling unit.
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.
DIVISON 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.
ATTEST:
JEAANE M. LEONC NI, City Clerk
The foregoing Ordinance No. 1756 was read and introduced at a Regular
Meeting of the City Council of the City of San Rafael, California, held on the
18th day of September, 2000 and ordered passed to print by the following vote,
to wit:
AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Miller
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 2nd day of October, 2000.
JEA9AE—M. LEONCINI, City Clerk
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