HomeMy WebLinkAboutOrdinance 1731 (Dwelling Unit Amendments)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. 1731 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) FOR DWELLING UNIT AND SECOND
DWELLING UNIT AND TO ADD A DEFINITION FOR KITCHEN; AND AMEND SECTION
14.16.020 (ACCESSORY STRUCTURES); AND AMEND SECTION 14.16.275 (SITE
AND USE REGULATIONS) TO INCLUDE THE PROVISION FOR THE AMORTIZATION
OF NONCONFORMING DWELLING UNITS CREATED BY THE REVISED DEFINITIONS".
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 21st day
of SEPTEMBER, 1998, 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 5th day of OCTOBER, 1998, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, and Vice -Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller, and Mayor Boro
WITNESS my hand and the official seal
of the City of San Rafael this
6th day of OCTOBER, 1998.
A
JEA -M, LEONCINI, City Clerk
ORDINANCE NO. 1731
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) FOR DWELLING UNIT AND SECOND DWELLING UNIT AND TO
ADD A DEFINITION FOR KITCHEN; AND AMEND SECTION 14.16.020 (ACCESSORY
STRUCTURES); AND AMEND SECTION 14.16.275 (SITE AND USE REGULATIONS) TO
INCLUDE THE PROVISION FOR THE AMORTIZATON OF NONCONFORMING
DWELLING UNITS CREATED BY THE REVISED DEFINITIONS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, on January 13, 1998, the Planning Commission conducted a workshop to address
possible options for improving enforcement of illegal second dwelling units, including a revision to
the Zoning Ordinance definitions of dwelling unit, second dwelling unit and kitchens; and
WHEREAS, on April 20, 1998 the City Council conducted a workshop to address possible options
for improving enforcement of illegal second dwelling units, including a revision to the Zoning
Ordinance definitions of dwelling unit, second dwelling unit and kitchens; and
WHEREAS, on April 20, 1998 the City Council directed staff to provide recommended
modifications to the Zoning Ordinance to address the improvement of enforcement of illegal
second dwelling units; and
WHEREAS, on August 25, 1998, the San Rafael Planning Commission held a duly noticed public
hearing on the proposed amendment as required by State law and has considered all written
correspondence, verbal testimony and the staff report relevant to the proposed amendment, and
at which they accepted public testimony and continued the meeting to September 15, 1998; and
WHEREAS, on September 15, 1998, the San Rafael Planning Commission held a duly noticed
public hearing on the proposed amendment as required by State law and has considered all
written correspondence, verbal testimony and the staff report relevant to the proposed
amendment, and recommended to the City Council approval of the proposed zoning amendment;
and
WHEREAS, the San Rafael City Council has held a duly noticed hearing on the proposed
amendment to the Zoning Ordinance as required by State law and has considered written
correspondence, verbal testimony and the staff report relevant to the proposed amendment; and
WHEREAS, the amendment is consistent in principle with the General Plan; and
WHEREAS, the public health, safety, and general welfare are served by the adoption of the
proposed amendment; 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
5 F, 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 for Dwelling unit and Dwelling unit, second, and to add a
definition for Kitchen as follows:
nrecA���i p,�
Dwellinq unit: one or more rooms designed, occupied or intended for occupancy as
separate living quarters, with a kitchen, sleeping facilities, and sanitary facilities provided
within the dwelling unit for the exclusive use of one or more persons maintaining a
household. A dwelling unit may have more than one kitchen provided that there is access
from the room in which the kitchen is located to all the other habitable areas of the
dwelling unit.
Dwellinq unit, second: an additional separate dwelling unit meeting defined standards
as specified in Section 14.17.120, and located on the same lot as a single-family dwelling
within a single-family district.
Kitchen: any portion of a structure with a combination 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 that reasonably may be used for the
preparation of food.
DIVISION 2. Chapter 14.16, Accessory Structure, Section 14.16.020 is amended to add the
following subsection:
H. Detached Accessory Structure. A detached accessory structure which exceeds 120
square feet in size and includes sanitary facilities shall require (prior to issuance of a
building permit) recordation of a deed restriction with the County of Marin to indicate that
the detached accessory structure cannot be utilized as a second dwelling unit.
DIVISION 3. Chapter 14.16, Site and Use Regulations, is amended to add the following
subsection:
14.16.275 Amortization of Nonconforming Dwelling Units
A. With the exception of the dwelling units described in Section 14.16.060 (Conservation of
Dwelling Units), any dwelling unit which becomes a nonconforming use on the effective
date of Ordinance No.1731, shall be subject to an amortization period expiring one year
from the effective date of such Ordinance. At the end of such amortization period, any
such dwelling unit shall become illegal, unless the owner has applied for and obtained any
required land use permit in conformance with this Title, or has applied for an extension of
the amortization period as provided hereafter.
B. The Community Development Department shall publish and post a written notice at least
one hundred and twenty (120) days prior to the expiration of the amortization period,
advising any owners of such nonconforming dwelling units shall become illegal at the end
of such amortization period unless the owners have applied for and not been denied any
required land use permit for such units, or applied for an extension of the amortization
period as provided hereafter.
C. The owner of any such nonconforming dwelling unit may file an application with the
Community Development Department for an extension of the amortization period. The
application shall be made in writing in a form approved by the Community Development
Director, and shall be accompanied by the required processing fee. Any application shall
be made prior to the expiration of the amortization period, unless the Planning
Commission determines that good cause exists for the late filing of the application.
D. Within 45 days following receipt of a completed application for an extension of the
amortization period, the Planning Commission shall hold a public hearing on the
application, after giving notice to all property owners within 300 feet of the property. The
Planning Commission shall consider the evidence and testimony presented at the public
hearing, and shall thereafter grant or deny an extension. In rendering its decision, the
Planning Commission shall determine whether the nonconforming dwelling unit has been
provided with a reasonable amortization period commensurate with the investment
involved. If the Planning Commission determines that the amortization period is not
reasonable, it shall prescribe an amortization period that is commensurate with the
investment involved. The burden shall be on the applicant for the extension to establish
that the extension should be granted.
E. In making its determination on the application for an extension, the Planning Commission
shall consider the following factors:
1. The owner's investment in the dwelling unit improvements;
2. The present actual and depreciated value of the dwelling unit improvements;
3. The applicable Internal Revenue Service depreciation schedules;
4. The remaining useful life of the dwelling unit improvements;
5. Any remaining lease term for the dwelling unit;
6. The ability of the owner to make the dwelling unit a conforming use by permit under
this Title;
7. The secondary effects of the dwelling unit on the health, safety, and welfare of
surrounding residential uses if the amortization period is extended;
8. Any other competent evidence relevant to the determination of a reasonable
amortization period commensurate with the investment involved.
F. A copy of the Planning Commission's decision shall be sent by regular mail to the
applicant.
G. Any interested person may appeal the Planning Commission's decision to the City
Council, within five work days after the Planning Commission's decision, in conformance
with the provisions of Chapter 14.28 of the Municipal Code.
H. The City Council declares to be a public nuisance any lot where the nonconforming
dwelling unit is operating and where the amortization period as a nonconforming use has
expired, and (a) no permit required by this Title has been obtained or (b) no application for
an extension of the amortization period is on file or been granted.
DIVISION 4. 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 5. 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.
ALBERT 13040,
Attest:
JE NE M. LEONCINI, City Clerk
The foregoing Ordinance Number 1731 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on the 21 st day of September, 1998, and ordered passed to
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
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 OCTOBER , 1998.
A NEM. LEONCINI, City Clerk
ord i nancedwel I unit92198cc
PROOF OF PUBLICA'T'ION
(2015.5 C.C.P.)
. CITY. , OF SAN.. RAFAEL—
STATE OF CALIFORNIA
County of Marin
SS
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and not
a party to or interested in the above matter. I am the principal
clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which newspaper
has been adjudged a newspaper of general circulation by the
Superior Court of the County of Marin, State of California,
under date of FEBRUARY 7, 1955, CASE NUMBER 25568;
that the notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in each
regular and entire issue of said newspaper and not in any sup-
plement thereof on the following dates, to -wit:
October 1, 1998
.........................................................................................................
I certify (or declare) under penalty of perjury that the forego-
ing is true and correct.
.....,.......L. - . .................
Nilton Nogueira� 33 2
Signature �
Dated this...... 1St......... day of...
ati :lL .5 1;10 L
}170 �IT3-00Sd
Proof of Publication of
ORDINANCE NO. 1731
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDIN(
j TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY Ol
SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTIOP
14.03.030 (DEFINITIONS) FOR DWELLING UNIT AND
SECOND DWELLING UNIT AND TO ADD A DEFINITION FOI
ul��l�n� E�fI`1R.e�iG�IQrJ..14,dfiJ12g.1AGGF.S.CAtB7Z.
should be granted.
E. In making its determination on the application for an eaten
sion, the Planning Commission shall consider the following fac
tors:
1. The owner's investment in the dwelling unit improvements
j 2. The present actual and depreciated value of the dwelling
unit improvements;
3. The applicable Internal Revenue Service depreciatioi
schedules;
4. The remaining useful life of the dwelling unit imrovementt
5. Any remaining lease term for the dwelling uni�
6. The ability of the owner to make the dwelling unit a con
forming use by permit under this Title;
7. The secondary effects of the dwelling unit on the healtl
safety, and welfare of surrounding residential uses if the amort
1, zation period is extended;
8. Any other competent evidence relevant to the determinatio
of a reasonable amortization period commensurate with the it
y vestment involved.
F. A copy of the Planning Commission's decision shall be ser
by regular mail to the applicant.
kG. Any interested person may appeal the Planning Commh
sion's decision to the City Council, within five work days after th
Planning Commission's decision, in conformance with the prov
sions of Chapter 14.28 of the Municipal Code.
I H'The City Council declares to be a public nuisance any h
1 where the nonconforming dwelling unit is operating and wher
the amortization period as a nonconforming use has expired, an
B ;a) no permit required by this Title has been obtained or (b) r
application for an extension of the amortization period 'a on fil
or been granted.
DIVISION 4. If any section, subsection, sentence, clause i
phrase of this Ordinance is for any reason held to be invalid, suc
decision shall not affect the validity of the remaining portions i
this Ordinance. The Council hereby declares that it would bai
y adopted the Ordinance and each section, subsection, sentenc
clause or phrase thereof, irrespective of the fact that any one c
smore sections, subsections, sentences, clauses or phrases be d
3 Glared invalid.
L DIVISION 5. This ordinance shall be published once in full b
fore its final passage in a newspa r of general circulation, pu
lished and circulated in the City of San Rafael, and shall be in ft
1 force and effect thirty (30) days after its final passage.
f /s/ ALBERT J, BORO, Mayor
r Attest:
1 (Seal)
.Octobe1~............ 19 ....... 98.. /5/ JEANNE M. LEONCINI
City Clerk
The foregoing Ordinance Number 1731 was read and intr
duced at a regular meeting of the City Council of the City of Si
Rafael on the 21st day of September, 1998, and ordered passed
print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and May
Born
NOES: COUNCILMEM 3ERS: None
ABSENT: COUNCILMEMBERS: Phillips
and will come up for adoption as an ordinance of the City of &
day of ata regular meeting of the Council to be held on the 5
PROOF OF PUBLICATION
da of OCTOBER, 1998,
(Seal)
/s/ JEANNE M. LEONCINI
City Clerk
No. 1855 Oct. 1, 1998