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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, 7 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 3