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HomeMy WebLinkAboutOrdinance 1937 (Junior Second Units)CLERK'S CERTIFICATE I, ESTHER C. BEIRNE, 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. 1937 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 (ZONING), CHAPTERS 14.03 (DEFINITIONS), 14.04 (RESIDENTIAL DISTRICTS), 14.16 (SITE AND USE REGULATIONS), AND 14.17 (PERFORMANCE STANDARDS) TO: ESTABLISH USE AND PERFORMANCE STANDARD PROVISIONS FOR JUNIOR SECOND UNITS; AMEND THE DEFINITION FOR SECOND DWELLING UNIT; AND AMEND THE FIRE INSPECTION PROVISIONS FOR LARGE FAMILY DAY CARE HOMES FOR CHILDREN (ZO15-001) 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 4`h day of January, 2016; 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 19`h day of January, 2016, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin & Mayor Phillips NOES: COUNCILMEMBERS: Gamblin & McCullough ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official Seal of the City of San Rafael this 201h day of April, 2016 ESTHER C. BEIRNE City Clerk ORDINANCE NO. 1937 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 (ZONING), CHAPTERS 14.03 (DEFINITIONS), 14.04 (RESIDENTIAL DISTRICTS), 14.16 (SITE AND USE REGULATIONS), AND 14.17 (PERFORMANCE STANDARDS) TO: ESTABLISH USE AND PERFORMANCE STANDARD PROVISIONS FOR JUNIOR SECOND UNITS; AMEND THE DEFINITION FOR SECOND DWELLING UNIT; AND AMEND THE FIRE INSPECTION PROVISIONS FOR LARGE FAMILY DAY CARE HOMES FOR CHILDREN (ZO15-001) WHEREAS, on January 5, 2015, the San Rafael City Council adopted Resolution 13863 amending the San Rafael General Plan 2020 and adopting an update of the Housing Element (Housing Element 2015-2023); and WHEREAS, the San Rafael General Plan 2020 Housing Element contains many policies and programs supporting a variety of housing types and affordability levels for the broad demographics in San Rafael, including Policy HE -11 (House Sharing), which supports organizations that facilitate house sharing, particularly for the senior population; Policy H-13 (Senior Housing), which encourages "aging -in-place;" and Program H-llb (Junior Second Units), which proposes that the City should adopt regulations in 2015 for "junior second units," generally defined as separate living units that are created through the re -purposing of existing space within a single-family dwelling; and WHEREAS, consistent with the Housing Element, City staff has coordinated and worked with LilyPad Homes, a Marin County -based non-profit housing organization, and the other Marin jurisdictions to develop a model ordinance for junior second units, which is intended to be used as a base for local application. While elements of the model ordinance have been incorporated in the drafting of the San Rafael ordinance, specific use and performance standards provisions were warranted to address the unique housing and neighborhood conditions in San Rafael; and WHEREAS, City staff drafted proposed use provisions and performance standards for junior second units for incorporation into San Rafael Municipal Code Title 14 — Zoning. In brief, the proposed provisions establish a definition for junior second units that distinguishes such units from "second dwelling units;" and establish performance standards including, among others, requirements for: a) unit size (maximum of 500 square feet); b) unit location (must include the re- purposing of an existing bedroom[s] in a single-family residence); c) the design of the independent food preparation area; and d) off-street parking (no separate parking required for the junior second unit provided that the primary residence meets the City's parking requirement in place at the time the junior second unit is created); and WHEREAS, in preparing the proposed amendments regarding junior second units, City staff determined that two other, unrelated but appropriate, amendments should be made to Title 14, as follows: 1. A municipal code reference that is adopted in the text definition of "second dwelling units" is erroneous and requires correction; and 2. The City fire inspection clearance required in connection with approval of an Administrative Use Permit for a large family day care home should be conducted during, and as part of, the Administrative Use Permit process rather than before the application is made as currently provided; and WHEREAS, the proposed amendments to the Zoning Ordinance described above were initially published on October 10, 2015; and WHEREAS, on October 27, 2015 the Planning Commission held a duly noticed public hearing on the proposed amendments to the Zoning Ordinance, accepting all public testimony and the written report of the Department of Community Development; and WHEREAS, on October 27, 2015 the Planning Commission adopted Resolution No. 15- 18 (5-1-1 vote, Commissioner Paul abstaining and Commissioner Wise absent) recommending to the City Council adoption of the proposed amendments to the Zoning Ordinance. As part of this action, the Planning Commission recommended that junior second unit activity (inquiries, start- ups and use) be monitored for two years following adoption of the ordinance; and WHEREAS, the amendments to the Zoning Ordinance do not propose any changes to City policies or regulations that would result in a direct or indirect physical, environmental impact; therefore it has been determined that this amending ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and WHEREAS, on January 4, 2016, the City Council held a duly noticed public hearing to consider the proposed Zoning Ordinance amendments, and considered all oral and written public testimony and the written report of the Community Development Department; and WHEREAS, the City Council hereby finds that the amendments to the Zoning Ordinance adopted herein are consistent with the policies and programs of the San Rafael General Plan 2020 for the following reasons: As proposed, the amendments to provisions of the Zoning Ordinance specific to junior second units and large family day care homes for children are consistent with and implement the policies and programs of the San Rafael General Plan 2020 in that: a. Consistent with Housing Element Policies H-11 (House Sharing) and H-13 (Senior Housing), the amendments creating junior second unit use provisions and performance standards would reinforce "age -in-place" housing for the senior population and facilitate house sharing, an efficient way to utilize the City's existing housing stock; b. The amendments concerning junior second units would be consistent with Housing Element Policy H-1 (Housing Distribution) and Neighborhood Element Policy NH -3 (Housing Mix) as they would: 1) add a new type of housing unit to the mix of housing alternatives in the community; and b) under certain circumstances, permit a new housing unit that would be counted toward meeting the City's Regional Housing Need Allocation (RHNA); c. As proposed, the amendments concerning junior second units would implement Housing Element Program H-1 lb (Junior Second Units), which recommends that standards for junior second units be adopted in 2015; d. As proposed, the amendment to change the required timing for conducting a fire inspection for a large family day care home for children would provide for more efficient permit processing, which would be consistent with Neighborhood Policy NH -66 (Childcare); and 2 2. The public health, safety and general welfare are served by adoption of the proposed Zoning Ordinance amendments, in that they would: a) promote age -in-place housing for the senior population; b) promote a more efficient use of the existing housing stock; c) provide for more efficient permit processing for family day care homes for children; and d) implement policies and programs in the San Rafael General Plan 2020 that encourage periodic update to the Zoning Ordinance to ensure consistency with the General Plan. WHEREAS, the City Council considered and concurs with the Planning Commission recommendation to monitor junior second unit activity (inquiries, start-ups and use) for a period of two years following adoption of this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. AMENDMENTS. 1. San Rafael Municipal Code Title 14 (Zoning) - Zoning Ordinance Table Amendments. Table 14.04.020 in Section 14.04.020 (Land use regulations [R, DR, MR, HR, and PD]), is hereby amended to include the following land use regulations: Type of Land Use R DR Residential Uses Junior Second Units P P MR HR PD Additional Use Regulations P P P See standards. Chapter 14.16 2. San Rafael Municipal Code Title 14 (Zoning) - Zoning Ordinance Text Amendments. Title 14 of the San Rafael Municipal Code is hereby amended as follows: a. Chapter 14.03 (Definitions) is hereby amended to add a new definition for "junior second unit' to read, in its entirety, as follows: "Junior second unit." Junior second unit means an additional. independent living unit created through the conversion of an existing bedroom in a single-familv dwelling subiect to defined standards, as specified in Section 14.16.286 of this title. Junior second units are distinguished from second dwelling units in that they: a) must include the conversion of an existing bedroom(s) within a single- family dwelling (no new or additional building area): b) are smaller in size (maximum size of 500 square feet). c) contain either independent or shared bathroom facilities: and d) are subiect to unio_ue standards that are not applicable to second dwelling units. b. Chapter 14.03 (Definitions) is hereby amended by amending the definition of "Dwelling unit, second" to read, in its entirety, as follows: "Dwelling unit, second." Second dwelling unit means an additional, separate dwelling unit meeting defined standards, as specified in Section ' ^.'moo 14.16.285 of this title, and located on the same lot as a single-family dwelling within a residential district. c. New Section 14.16.286 entitled "Junior Second Units" is hereby added to read, in its entirety, as follows: 14.16.286 Junior Second Units A. Purpose. The purpose of the iunior second unit regulations is to implement specific policies of the housing element of the San Rafael general plan, that: 1. Support the conversion or re-purposing of an existing bedroom(s) into an additional dwelling unit within a single-familv dwelling_ to more efficiently use and expand the existing housing stock: 2. Promote opportunities for housing sharing, particularly for support to the age-in-place senior oopulation. and 3. Expand the affordable, rental housing stock. B. Applicability. Performance standards for junior second units shall apply in the residential zoning districts. C. Ministerial permit reauired. A iunior second unit permit is reauired in order to determine that the unit is in compliance with the provisions of this section. If it is determined that the iunior second unit is in full compliance with the provisions of this section, the permit shall be issued. D. Standards. 1. Densitv. A maximum of one iunior second unit shall be permitted per residential lot containing a single-familv dwelling. Junior second units are not required to meet the density rea_uirements of the general plan or zoning ordinance. 2. Rental or lease. A iunior second unit shall not be sold separately_ from the main single-familv residence. 3. Owner occuoancv and deed restriction. The propertv owner shall occupv either the main single-familv dwelling or the iunior second unit. Prior to obtaining a building permit for the iunior second unit, the recordation of a declaration or agreement of restrictions shall be prepared and recorded in the official records of the Countv of Marin. The deed restriction provisions of Section 14.16.285 C.3 (second dwelling_ units) of this title shall aooly to iunior second units. 4. Location, re -purposing existing living area. A iunior second unit must be created within the existing walls of an existing single-familv dwelling and must include the conversion of an existing bedroom(s) and ancillary spaces. 5. Size limitations. A iunior second unit shall not exceed 500 square feet in size. 6. Unit access. A separate exterior entry shall be provided to serve the iunior second unit. Interior access between the Junior second unit and the main residence is reauired. and can be a door ea_uirwed with a double lock. 7. Building and fire code reauirements. The iunior second unit must meet the following building and fire code reouirements: a. No fire wall separation or noise attenuation measures are required between the main dwelling and the iunior second unit. Cl b. No fire sprinklers shall be reauired for the iunior second unit. unless the associated improvements meet the threshold for a "substantial remodel' as defined by Chapter 4.08 (Fire Code) of the San Rafael Municipal Code. c. A smoke alarm shall be reauired in the iunior second unit and shall be connected to the smoke alarms in the main residence. d. The iunior second unit shall be ea_uirmed with a carbon monoxide detector. 8. Utilitv service. A separate water connection or meter, and a separate sewer service connection are not reauired for a junior second unit. Water and sewer service for the junior second unit is shared with the main single-familv dwelling unit. 9. Food preparation area. A iunior second unit shall include a food preparation area, requiring and limited to the following components: a. A sink with a maximum width and dimensions of sixteen (16) inches and with a maximum waste line diameter or one -and -one- half (1.5) inches: b. A cooking facilitv or other appliance, including a refrigerator. which does not require electrical service greater than one- hundred-twentv (120) volts or natural or propane gas: and c. A food preparation counter and storage cabinets which do not exceed six (6) feet in length. 10. Off-street parking. No additional off-street parking is reauired bevond that reauired for the main single-familv dwelling. The main single-familv dwelling must meet the current off-street parking standard in effect at the time the iunior second unit is approved. d. Section 14.17.040 (Family day care home for children, large) is hereby amended by amending sub -section D.5 (Standards required for issuance of an Administrative Use Permit, fire inspection clearance) thereof to read, in its entirety, follows: D.5. Fire inspection clearance. As required by the State of California for care home licensing, a fire inspection shall be conducted by the fire department as part of and issued concurrent with the approval of the administrative use permit. DIVISION 2. SEVERABILITY. If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this added ordinance section. 5 DIVISION 3. PUBLICATION; EFFECTIVE DATE. 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 days after its final passage. V GARY 0.. HU LIPS, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1937 was read and introduced at a regular meeting of the City Council of the City of San Rafael on January 4, 2016 and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers ABSENT: Councilmembers Bushey, Colin and Mayor Phillips Gamblin and McCullough 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 19th day of January 2016. CDD JrSecUnit Ord 1937 6 cr— ESTHER C. BEI NE, City Clerk