HomeMy WebLinkAboutOrdinance 1321 (Property Maintenance)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. 1321 entitled:
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCES
1145 AND 1094 AS CODIFIED IN SECTIONS 1.20.030 H, 1.20.030 U,
1.20.030 V, 1.20.090, 14.13.050, 14.08.050 AND 14.08.200;
REPEALING ORDINANCE 1094 AS CODIFIED IN SECTION 14.13.260
AND ADDING SECTION 14.13.310 OF THE SAN RAFAEL MUNICIPAL
CODE (PROPERTY MAINTENANCE ORDINANCE)
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 5th
day of
February
19
79 Published as re-
quired
by City Charter
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 20th
day of
February
19
79 by the
following vote, to -wit:
Ayes: Councilmen: Miskimen, Mulryan, Nixon and Acting Mayor Jensen
Noes: Councilmen: None
Absent: Councilmen: Mayor Bettini
WITNESS my hand and the official seal of
the City of San Rafael this 5th day of
March 19 79
4�;.O10
J NNE M. LEONCINI, Pty Clerk
ORDINANCE NO. 1321
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING ORDINANCES 1145 AND 1094 AS CODIFIED
IN SECTIONS 1.20.030 H., 1.20.030 U., 1.20.030 V.,1.20.090, 14.13.050,
14.08.050 AND 14.08.200; REPEALING ORDINANCE 1094 AS CODIFIED IN
SECTION 14.13.260 AND ADDING SECTION 14.13.310 OF THE SAN RAFAEL
MUNICIPAL CODE (PROPERTY MAINTENANCE ORDINANCE)
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Section 1.20.030 H. is hereby amended to read
and provide as follows:
1.20.030 H. Trailers, campers, recreational vehicles, boats, and
other similar equipment that are parked or stored in
any of the following locations:
1. In streets or in the public right of way for more
than 24 hours; or,
2. In any location other than those permitted in Sections
14.13.310 and 14.13.320; or,
3. In any area otherwise permitted (see sections 1 and 2
above) when such vehicle or equipment impedes or
diminishes maneuvering ability or sight distance for
other vehicles or for pedestrians in the vicinity or
otherwise consititutes a hazard to the public health,
safety, and welfare.
DIVISION 2. Section 1.20.030 is hereby amended by adding
a new Subsection "U" to read and provide as follows:
1.20.030 U. Specialty structures which have been constructed for a
highly specific single use only and which are not en-
closed or shielded and which are unfeasible to convert
to other uses and which are abandoned, partially destroyed
or are permitted to remain in a state of partial destruc-
tion or disrepair and constitute a hazardous condition
including, but not limited to, elevated aggregate hoppers
and bins, tanks for gas or liquid, boat housing and
storing facilities,boat hoisting and docking facilities,
boat mooring pilings, lateral support structures and
bulkheads, high rise support structures, utility high
voltage towers and poles, utility high rise support
towers, electronic transmitting antennae and tower,
structures which support or house mechanical and utility
equipment and are located above the roof lines of exist-
ing buildings, high rise free standing chimneys and smoke
stacks, drive-in movie screens, recreational structures
such as tennis courts and cabanas, and all other specialty
structures not listed herein but determined to be a
specialty structure by the City.
DIVISION 3. Section 1.20.030 is hereby amended by adding
a new Subsection "V" to read and provide as follows:
1.20.030 V. Motor vehicles, recreational vehicles, trailers, campers,
boats or parts thereof in any "R" districts when they are
abandoned, dismantled, partially dismantled, inoperative
or being worked upon in areas other than as permitted in
Section 14.13.320.
DIVISION 4. Section 1.20.090 is hereby amended to read and
provide as follows:
1.20.090 Hearing by City Council. At the time stated in the no-
tices, the City Council shall hear and consider all rele-
vant evidence, objections, or protests, and shall receive
testimony from owners, witnesses, City personnel and in-
terested persons relative to such alleged public nuisance
and to proposed rehabilitation, repair, demolition, or
other abatement appropriate under the legal powers of the
City of San Rafael.
DIVISION 5. Section 14.13.050 is hereby amended to read and
provide as follows:
14.13.050 Use of Parking and Garage Facilities in "R" Districts:
Off-street parking and garage facilities accessory to
residential use and developed in any residential district
in accordance with the requirements of Section 14.13.100
shall be used solely for the storage of passenger automo-
biles and such other vehicles and uses as are set forth in
Sections 14.13.310 and 14.13.320 as owned by occupants of
the dwelling structure to which such facilities are ac-
cessory or by guests of said occupants while the guests are
residing there. Under no circumstances shall required
parking and garage facilities accessory to residential
structures be used for the storage or repair of commercial
vehicles.
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DIVISION 6. Section 14.13.260 is hereby repealed, and
Section 14.13.310 is hereby added to Chapter 14.13 to read and
provide as follows:
14.13.310 Residential Areas - Permitted locations for Recreational
and similar vehicles: In any of the following locations
parking of recreational vehicles, camper shells, trailers,
boats and other similar equipment when parked or stored
incidental to the basic residential use of the property
is permitted for loading, unloading and storage purposes
providing it does not obstruct the view of pedestrians and
vehicles on the adjacent sidewalk and/or street and does
not otherwise constitute a nuisance (See Municipal Code
Section 1.20.030 for what constitutes a nuisance).
1. For single family and duplex dwelling units parking
is permitted:
a. Within the garage, carport or parking space
required by the zone in which the use is
located; or,
b. In the front yard setback when on the drive-
way to the garage, carport or parking spaces
required by the zone; or,
C. In the front yard setback between the existing
driveway and the side property line when the
distance between the two is no greater than
12 feet at any point; or,
d. In rear yards, interior side yards or other
areas not defined as "yards" providing the
unit is partially or fully screened as viewed
from offstreet by a solid fence that conforms
to the permitted height limits, vegetation,
structures or topography.
e. In other locations by use permit issued by
the Zoning Administrator.
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2. For multiple family units (3 or more units whether
constructed as apartments, townhouses or condo-
miniums) and mobile home parks parking is permitted:
a. In areas that have been designed and constructed
for such purposes under permits previously ap-
proved by the Planning Commission.
b. In areas that are approved by the Planning Com-
mission in the processing of applications for
new construction.
C. In all other instances by use permit issued by
the Zoning Administrator.
DIVISION 7. Section 14.13.320 is hereby amended by adding,
to read and provide as follows:
14.13.320 Residential Areas - Working on Motor Vehicles and Storage
of Parts: In any "R" district a person residing on a lot
may service, repair, disassemble, assemble, wreck, modify,
restore or otherwise work on any motor vehicle, recreational
vehicle or boat or store disabled motor vehicles, motor
vehicles, motor vehicle bodies, unregistered motor vehicles,
parts, equipment, machinery, tools or other automotive ma-
terials of any kind only under the following conditions:
1. The vehicle, part or item is owned by a person who
resides on the same lot.
2. The work or storage is completely confined within a
garage, or
3. The work or storage is not located within the front
yard setback and is completely screened from view.
4. Such work shall be permitted only between the hours
of 9 A. M. to 8 P. M. on any day.
5. Emergency repair or service may be performed in an
area where such activity is otherwise prohibited by
this section provided such activity shall be limited
when in such locations to a maximum of one period of
36 consecutive hours.
DIVISION 8. Section 14.08.050 is hereby amended by adding
the following definition:
"DRIVEWAY: A road or passage along which automobiles
may be driven from a garage, garage space, or carport
to the street."
DIVISION 9. Section 14.08.200 is hereby amended by adding
the following definition:
"SPECIALTY STRUCTURE: A structure constructed for a
specific and distinctive use for which structures are
not frequently provided and wherein it is most probable
that it would not be feasible to secure another user on
that site for that structure or to convert it for other
uses should the current user vacate the structure."
DIVISION 10. 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.
DIVISION 11. This Ordinance shall be published once in
full before its final passage in a newsaper 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.
C. PAUL BET I, Mayor
Attest:
ANE M. LEONCIN ity•Clerk
The foregoing Ordinance No. 1321 was read and introduced
at a regular meeting of the City Council of the City of San
Rafael, held on the fifth day of February 1979, and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Miskimen
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
twentieth day of February , 1979.
NE. LEONCI , (;ity,Clerk
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