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HomeMy WebLinkAboutOrdinance 1321 (Property Maintenance)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. 1321 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCES 1145 AND 1094 AS CODIFIED IN SECTIONS 1.20.030 H, 1.20.030 U, 1.20.030 V, 1.20.090, 14.13.050, 14.08.050 AND 14.08.200; REPEALING ORDINANCE 1094 AS CODIFIED IN SECTION 14.13.260 AND ADDING SECTION 14.13.310 OF THE SAN RAFAEL MUNICIPAL CODE (PROPERTY MAINTENANCE 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 5th day of February 19 79 Published as re- quired by City Charter in the Independent—Journal a newspaper printed and 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 20th day of February 19 79 by the following vote, to -wit: Ayes: Councilmen: Miskimen, Mulryan, Nixon and Acting Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mayor Bettini WITNESS my hand and the official seal of the City of San Rafael this 5th day of March 19 79 4�;.O10 J NNE M. LEONCINI, Pty Clerk ORDINANCE NO. 1321 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCES 1145 AND 1094 AS CODIFIED IN SECTIONS 1.20.030 H., 1.20.030 U., 1.20.030 V.,1.20.090, 14.13.050, 14.08.050 AND 14.08.200; REPEALING ORDINANCE 1094 AS CODIFIED IN SECTION 14.13.260 AND ADDING SECTION 14.13.310 OF THE SAN RAFAEL MUNICIPAL CODE (PROPERTY MAINTENANCE ORDINANCE) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Section 1.20.030 H. is hereby amended to read and provide as follows: 1.20.030 H. Trailers, campers, recreational vehicles, boats, and other similar equipment that are parked or stored in any of the following locations: 1. In streets or in the public right of way for more than 24 hours; or, 2. In any location other than those permitted in Sections 14.13.310 and 14.13.320; or, 3. In any area otherwise permitted (see sections 1 and 2 above) when such vehicle or equipment impedes or diminishes maneuvering ability or sight distance for other vehicles or for pedestrians in the vicinity or otherwise consititutes a hazard to the public health, safety, and welfare. DIVISION 2. Section 1.20.030 is hereby amended by adding a new Subsection "U" to read and provide as follows: 1.20.030 U. Specialty structures which have been constructed for a highly specific single use only and which are not en- closed or shielded and which are unfeasible to convert to other uses and which are abandoned, partially destroyed or are permitted to remain in a state of partial destruc- tion or disrepair and constitute a hazardous condition including, but not limited to, elevated aggregate hoppers and bins, tanks for gas or liquid, boat housing and storing facilities,boat hoisting and docking facilities, boat mooring pilings, lateral support structures and bulkheads, high rise support structures, utility high voltage towers and poles, utility high rise support towers, electronic transmitting antennae and tower, structures which support or house mechanical and utility equipment and are located above the roof lines of exist- ing buildings, high rise free standing chimneys and smoke stacks, drive-in movie screens, recreational structures such as tennis courts and cabanas, and all other specialty structures not listed herein but determined to be a specialty structure by the City. DIVISION 3. Section 1.20.030 is hereby amended by adding a new Subsection "V" to read and provide as follows: 1.20.030 V. Motor vehicles, recreational vehicles, trailers, campers, boats or parts thereof in any "R" districts when they are abandoned, dismantled, partially dismantled, inoperative or being worked upon in areas other than as permitted in Section 14.13.320. DIVISION 4. Section 1.20.090 is hereby amended to read and provide as follows: 1.20.090 Hearing by City Council. At the time stated in the no- tices, the City Council shall hear and consider all rele- vant evidence, objections, or protests, and shall receive testimony from owners, witnesses, City personnel and in- terested persons relative to such alleged public nuisance and to proposed rehabilitation, repair, demolition, or other abatement appropriate under the legal powers of the City of San Rafael. DIVISION 5. Section 14.13.050 is hereby amended to read and provide as follows: 14.13.050 Use of Parking and Garage Facilities in "R" Districts: Off-street parking and garage facilities accessory to residential use and developed in any residential district in accordance with the requirements of Section 14.13.100 shall be used solely for the storage of passenger automo- biles and such other vehicles and uses as are set forth in Sections 14.13.310 and 14.13.320 as owned by occupants of the dwelling structure to which such facilities are ac- cessory or by guests of said occupants while the guests are residing there. Under no circumstances shall required parking and garage facilities accessory to residential structures be used for the storage or repair of commercial vehicles. - 2 - DIVISION 6. Section 14.13.260 is hereby repealed, and Section 14.13.310 is hereby added to Chapter 14.13 to read and provide as follows: 14.13.310 Residential Areas - Permitted locations for Recreational and similar vehicles: In any of the following locations parking of recreational vehicles, camper shells, trailers, boats and other similar equipment when parked or stored incidental to the basic residential use of the property is permitted for loading, unloading and storage purposes providing it does not obstruct the view of pedestrians and vehicles on the adjacent sidewalk and/or street and does not otherwise constitute a nuisance (See Municipal Code Section 1.20.030 for what constitutes a nuisance). 1. For single family and duplex dwelling units parking is permitted: a. Within the garage, carport or parking space required by the zone in which the use is located; or, b. In the front yard setback when on the drive- way to the garage, carport or parking spaces required by the zone; or, C. In the front yard setback between the existing driveway and the side property line when the distance between the two is no greater than 12 feet at any point; or, d. In rear yards, interior side yards or other areas not defined as "yards" providing the unit is partially or fully screened as viewed from offstreet by a solid fence that conforms to the permitted height limits, vegetation, structures or topography. e. In other locations by use permit issued by the Zoning Administrator. - 3 - 2. For multiple family units (3 or more units whether constructed as apartments, townhouses or condo- miniums) and mobile home parks parking is permitted: a. In areas that have been designed and constructed for such purposes under permits previously ap- proved by the Planning Commission. b. In areas that are approved by the Planning Com- mission in the processing of applications for new construction. C. In all other instances by use permit issued by the Zoning Administrator. DIVISION 7. Section 14.13.320 is hereby amended by adding, to read and provide as follows: 14.13.320 Residential Areas - Working on Motor Vehicles and Storage of Parts: In any "R" district a person residing on a lot may service, repair, disassemble, assemble, wreck, modify, restore or otherwise work on any motor vehicle, recreational vehicle or boat or store disabled motor vehicles, motor vehicles, motor vehicle bodies, unregistered motor vehicles, parts, equipment, machinery, tools or other automotive ma- terials of any kind only under the following conditions: 1. The vehicle, part or item is owned by a person who resides on the same lot. 2. The work or storage is completely confined within a garage, or 3. The work or storage is not located within the front yard setback and is completely screened from view. 4. Such work shall be permitted only between the hours of 9 A. M. to 8 P. M. on any day. 5. Emergency repair or service may be performed in an area where such activity is otherwise prohibited by this section provided such activity shall be limited when in such locations to a maximum of one period of 36 consecutive hours. DIVISION 8. Section 14.08.050 is hereby amended by adding the following definition: "DRIVEWAY: A road or passage along which automobiles may be driven from a garage, garage space, or carport to the street." DIVISION 9. Section 14.08.200 is hereby amended by adding the following definition: "SPECIALTY STRUCTURE: A structure constructed for a specific and distinctive use for which structures are not frequently provided and wherein it is most probable that it would not be feasible to secure another user on that site for that structure or to convert it for other uses should the current user vacate the structure." DIVISION 10. 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 11. This Ordinance shall be published once in full before its final passage in a newsaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. C. PAUL BET I, Mayor Attest: ANE M. LEONCIN ity•Clerk The foregoing Ordinance No. 1321 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the fifth day of February 1979, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: 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 February , 1979. NE. LEONCI , (;ity,Clerk - 5 - 22 B/7-11