HomeMy WebLinkAboutOrdinance 1807 (Legalization Incentive Program)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. 1807 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A
LEGALIZATION INCENTIVE PROGRAM WAIVING FOR A ONE YEAR
PERIOD THE INVESTIGATION FEES FOR ISSUANCE OF BUILDING
PERMITS TO LEGALIZE SECOND DWELLING UNITS THAT HAVE
BEEN CONSTRUCTED WITHOUT BUILDING PERMITS, AND
PROVIDING AS A PENALTY THAT SUCH INVESTIGATION FEES
SHALL DOUBLE AFTER THE WAIVER PERIOD"
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 7th day of July, 2003,
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 4th day of Aujzust, 2003, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
6th day of August, 2003
JEANE M. LEONCINI, City Clerk
ORDINANCE NO. 1807
AN ORDINANCE OF THE CITY OF SAN RAFAEL ESTABLISHING A
LEGALIZATION INCENTIVE PROGRAM WAIVING FOR A ONE
YEAR PERIOD THE INVESTIGATION FEES FOR ISSUANCE OF
BUILDING PERMITS TO LEGALIZE SECOND DWELLING UNITS
THAT HAVE BEEN CONSTRUCTED WITHOUT BUILDING PERMITS,
AND PROVIDING AS A PENALTY THAT SUCH INVESTIGATION
FEES SHALL DOUBLE AFTER THE WAIVER PERIOD.
WHEREAS, Section 107.5.2 of the 2001 California Building Code, adopted by the City
Council pursuant to San Rafael Municipal Code Section 12.12.010, provides for the payment of
an investigation fee in addition to the standard building permit fee where a property owner
wishes to legalize construction work that has been done without permits; and
WHEREAS, the Draft Housing Element includes policies and programs to increase the
number of second dwelling units built or legalized within the City as a strategy to increase the
supply of affordable rental units in response to the State's Regional Housing Needs Assessment
which requires that San Rafael plan for the creation of 2,060 housing units by the year 2006; and
WHEREAS, the City Council wishes to encourage the legalization of second dwelling
units that have been constructed without building permits by establishing a legalization incentive
program during which the investigation fees for legalization of such second dwelling units will
be waived; and
WHEREAS, this ordinance is hereby found to be exempt from environmental review,
pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA)
Guidelines, since there is no possibility that the ordinance will have a significant effect on the
environment, since this ordinance entails a modification of charges by a public agency to cover
operating expenses which is statutorily exempt under Public Resources Code Section
21080(b)(8), and since this ordinance will enhance and protect the environment, by encouraging
compliance with uniform codes setting standards for the safe construction of dwelling units,
thereby qualifying for a categorical exemption under Section 15308 of the CEQA Guidelines.
� c�
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
Section 12.12.010 of the San Rafael Municipal Code, regarding amendments to the
California Building Code, is amended to add the following new paragraph:
Section 107.5 is amended to add a new Subsection 107.5.3 to read as follows:
107.5.3. Fee for Legalizing Illegal Second Dwelling Units. The investigation
fee will be waived in the case of any application for a building permit, filed
between September 3, 2003 and September 3, 2004, to legalize construction of a
second dwelling unit that has been constructed without a building permit prior to
July 7, 2003. As a penalty, after September 3, 2004, the investigation fee for
legalization of second dwelling units shall be equal to two times the amount of the
permit fee.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
declared to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance. The City 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.
2
DIVISION 3:
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:
JEANNE M. LEONCM, City Clerk
ALBERT . BORO, Mayor
3
The foregoing Ordinance No. 1807 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, the 7th day of July, 2003, and was ordered passed
to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro
NOES: Councilmembers: Miller
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 4th day of August, 2003.
/1, _,
JE M. LEONCIl�I, City Clerk
12