HomeMy WebLinkAboutOrdinance 1455 (Second Dwelling Units 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. 1455 entitled:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING SECTIONS
14.08.050D, 14.08.070F, 14.08.200S, 14.16.025, 14.48.040b, 14.50.040a,
14.51.020B OF THE SAN RAFAEL MUNICIPAL CODE TITLE 14 CONCERNING SECOND
DWELLING UNITS AND VARIOUS TEXT AMENDMENTS TO THE ZONING 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 sixth day of
.Tune , 1983, published as required by City Charter in the
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 twentieth day of June 1983, by the following
vote, to wit:
AYES: COUNCILMEhlBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILhiEMBERS: None
0
WITNESS my hand and the official seal
of the City of San Rafael this
twenty-third day of • June ,
JEANN� LEONCINI, city Clerk
ORDINANCE NO. 1455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING SECTIONS 14.08.050D,
14.08.070F, 14.08.200S, 14.16.025, 14.48.040b,
14.50.040a, 14.51.020B OF THE SAN RAFAEL MUNI-
CIPAL CODE TITLE 14 CONCERNING SECOND DWELLING
UNITS AND VARIOUS TEXT AMENDMENTS TO THE ZONING
ORDINANCE
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Section 14.16.025 "R-1, Single Family Residen-
tial District is amended to include provisions for second dwelling
units to read as follows:
14.16.025. USE PERMIT.
a. Second Dwelling Units are permitted subject to obtaining
a Use Permit in each case subject to the following
criteria:
(1) A maximum of one second dwelling unit shall be per-
mitted per single family lot.
(2) The property owner shall occupy either the main
single family dwelling or the second dwelling unit
throughout the life of the second dwelling unit.
Exceptions to this owner occupancy requirement may
only be granted where the property owner is relocated
because of illness or employment. Such exceptions may
only be granted by the City Council with adoption of
specific findings as part of the original use permit
approval or subsequent use permit amendment.
(3) All new second dwelling units must comply with the
Housing and Uniform Building Code. Legalization of
existing unauthorized second dwelling units shall
require compliance with the Housing Code to insure
unit habitability provided that the property owner
must show proof that the unit was in existence prior
to June 61 1983. An inspection must be made by
the Building Division of the Department of Public
Works or by an inspection firm approved by said
Building Division to determine compliance with
applicable codes. Exceptions to code compliance may
only be granted by the Board of Appeals (City Council).
(4) Second dwelling units must comply with existing zoning
requirements including setbacks, lot coverage, and
building height. Where a second dwelling unit is
proposed on a lot that is nonconforming or substandard
in size, or is developed with a nonconforming struc-
ture, the proposed second dwelling unit shall not
increase the spatial nonconformity of the site or the
improvements. Variances may be considered by the
Planning Commission pursuant to Section 14.80.010 of
the Zoning Ordinance.
ORDINANCE NO. 145b
(5) All new second dwelling units must be structurally
attached to the main single family dwelling; con-
struction of new detached accessory structures for
second dwelling units are prohibited. However,
conversion of an existing detached structure (i.e.,
poolhouse, cabana) built prior to June 6, 1983 may be
permitted provided that all other criteria are met.
(6) The square footage of a second dwelling unit shall be
no greater than 40% of the gross square footage of
the main single family dwelling; except that any
second dwelling unit may be at least 500 square feet
even if that exceeds 40% of the main dwelling unit.
In no case shall the second dwelling unit exceed
1,000 square feet in size. Exceptions may only be
granted by the Board of Appeals (City Council).
(7) Off-street parking shall be required for each
second dwelling unit, in addition to the parking
provided for the existing single family dwelling.
One off-street parking space shall be required for
studio and one bedroom second dwelling units.
Two off-street parking spaces shall be provided
for second dwelling units with two or more bedrooms.
Parking for a second dwelling unit may be provided in
the front setback provided that the parking space
is located within the driveway apron only and not
within any other portion of the required front
yard. Variances may be granted by the Planning
Commission, pursuant to Section 14.80.010 of the
Zoning Ordinance.
(8) A second dwelling unit shall be permitted exclusively
for the purpose of rental or lease.
(9) All use permits granted for second dwelling units
must be recorded with the County of Marin, prior to
issuance of any building permits. The purpose of
recording the Use Permit is to put future buyers on
notice that the second dwelling unit is subject to
review by the City at any time and that owner
occupancy is required.
Findings: Findings required for issuing use permits
under Section 14.76.040(a) shall be made for permitted
second dwelling units. An additional finding must be
made to assure compliance with the criteria required
under this section.
Section 14.48.040(b) "PC - Planned Community" District
is amended to include provisions for second dwelling units, to
read as follows:
b. Second dwelling units are permitted, subject to a use
permit, in any P -C District containing single family lots
developed with detached single family dwellings. All
second dwelling units proposed on a single family
lot within a P -C District shall comply with the criteria
established under Section 14.16.025 of this Code.
Section 14.50.040(a) "PUD - Planned Unit Development"
District is amended to include provisions for second dwelling
units, to read as follows:
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ORDINANCE NO. 145.
a. For areas resulting in single family use: the gross
area of the development shall be computed; the average
slope for the entire area of the development shall be
computed (as set forth in Section 14.50.050); a minimum
lot size shall be established by applying the average
slope to the slope table (set forth in Section 15.34.020);
the minimum lot size, as established by Section 15.34.020,
shall be divided into the gross area figure of the
proposed development; the figure thus established shall
be the maximum number of dwelling units permitted. If
the density requirements, herein set forth, are not the
same as the density requirements set forth in the dis-
trict(s) with which the P -U -D District is combined, the
more stringent density requirements shall be complied
with so that the lesser density shall be the maximum.
Second dwelling units are permitted, subject to a use
permit, in any PUD District containing single family lots
developed with detached single family dwellings.
All second dwelling units proposed on a single family lot
within a PUD District shall comply with the criteria
established under Section 14.16.025 of this code.
Section 14.51.020B "PD - Planned Development" District
is amended to include provisions for second dwelling units, to
read as follows:
B. Second dwelling units are permitted, subject to a use
permit, in any P -D District containing single family lots
developed with single family dwellings. All second
dwelling units proposed on a single family lot within a
P -D District shall comply with criteria established under
Section 14.16.025 of this code.
Section 14.08 "Definitions" is amended to include new
and revised definitions, to read as follows:
Dwelling, One (1) Single Family: A permanent building
designed or used exclusively as a residence in its entirety,
to house not more than one (1) family and containing not more
than one (1) kitchen. A mobile home or manufactured housing
on a foundation as defined under Section 14.08.140 and
complying with Section 14.14 of this Ordinance is considered
a single family dwelling.
Dwelling, Two (2) Family or Duplex: A single building con-
taining two (2) dwelling units designed or used to house two
(2) families living independently of each other; neither
dwelling unit is a second dwelling unit as defined in
Section 14.08.2005.
Dwelling, Multiple Family: A building designed to house
three (3) or more families living independently in individual
dwelling units. Examples of multiple family dwellings
include apartment houses, garden apartments, four-plexes,
and flats.
Dwelling, Unit: Any permanent building or portion thereof
designed or used exclusively as a residence, with sleeping
quarters, kitchen and independent bathroom facilities for one
(1) or more persons.
Family: One or more persons occupying the same premises and
living as a single housekeeping unit, as distinguished from a
hotel, rooming house, etc. Family shall include all necessary
servants.
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ORDINANCE NO. 14� r
SECOND DWELLING UNIT: Is an additional dwelling unit con-
structed as a part of, or separate from, an existing single
family dwelling located on a lot within a single family
residential district. Such a unit shall mean a room or group
of rooms with kitchen and bathroom facilities independent
from the main single family dwelling unit.
DIVISION 2. 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 por-
tions 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 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.
AWRE CE E. JULAAN, Iar
Attest:
J �.46N IVI, City Clerk
The foregoing Ordinance No. 1455 was read and intro-
duced at a regular meeting of the City Council of the City of
San Rafael, held on the sixth day of June , 1983, and
ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS: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 June , 1983.
JEA"� LEONCINI, City Clerk
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