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HomeMy WebLinkAboutOrdinance 1469 (Rear Set Back Limits & Height Requirements)I 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. 1469 entitled: AN ORDINANCE OF THE CITY OF SAN'RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.16.025(a) CLARIFYING AND REVISING SIDE AND REAR SETBACK REQUIREMENTS AND HEIGHT LIMITS FOR CONVERSION OF DETACHED STRUCTURES (EXISTING AT THE TIME OF SECOND DWELLING UNIT ORDINANCE ENACTMENT) TO SECOND 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 twenty-first day of November , 1983, published as required by City Charter in the 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 fifth day of December , 1983, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 0 0 WITNESS my hand and the official seal of the City of San Rafael this ninth day of -December 1983. JEAN , bl. LEONCINI City Clerk ORDINANCE NO. 1469 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.16.025(a) CLARIFYING AND REVISING SIDE AND REAR SETBACK REQUIREMENTS AND HEIGHT LIMITS FOR CONVERSION OF DETACHED STRUCTURES (EXISTING AT THE TIME OF SECOND DWELLING UNIT ORDINANCE ENACTMENT) TO SECOND UNITS THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 14 (Zoning) of the San Rafael Muni- cipal Code,. Section 14.16.025(a) is hereby amended by renumbering subparagraph (5) in its entirety to be subparagraph (4). DIVISION 2. Section 14.16.025(a), subparagraph (5) is hereby amended to read as follows: (5) Second dwelling units must comply with existing zoning requirements including setbacks, coverage and building height except that a) Where a second dwelling unit is proposed on a lot that is nonconforming or substandard in size, or in a nonconforming dwelling, the proposed second dwelling unit shall not increase the spatial nonconformity of the site or the improvements; or b) Where a second unit is proposed in an accessory structure existing at the time of second dwelling unit ordinance enactment, side setbacks shall be 10% of the lot width with a minimum of three and a maximum of five feet, rear setbacks shall be a minimum of five feet, and the 15 -foot height limit shall be maintained. Variances may be considered by the Planning Commission pursuant to Section 14.80.010 of the Zoning Ordinance. 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 por- tions 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. ORDINANCE NO. 1469 DIVISION 4. This ordinance shall be published once in full before its final passage, in a newspaper of general circula- tion, published and circulated in said City, and shall be in full force and effect thirty (30) days after its passage. LAWRENCE E. MULRYA May Attest: J J NE M. LEO INCity perk The foregoing Ordinance No. 1469 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 21st day of November , 1983, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 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 5th day of December , 1983. 26.2 A/4 - 2 - LEONCI i,it`yZ`rk