Belvedere City Zoning Code
19.78 Second
Kitchens
19.78.010 Second kitchens—Registration and validation required.
No second kitchen shall be permitted or used within the City except as provided for in this Chapter. The maintenance, ownership or use of any second kitchen except as permitted by this Chapter shall constitute a nuisance, subject to abatement at the direction of the City Council, or any other remedy provided by this Code. (Ord. 2003-4 § 3, 2003; Ord. 90-4 § 7, 1990; Ord. 89-1 § 1, 1989.)
19.78.020 Second kitchens—Registration and validation—General requirements.
A. The record owner of the lot on which one or more second kitchens exist, or on which a second kitchen is to be constructed, shall register each of said kitchens for the duration of his ownership of the property by filing an application for registration.
B. The application shall be made by the record owner, or his authorized representative, and shall include a verified statement containing the information set forth in this Section, and any additional information as may be required by the Director of Planning and Building: name(s) and address(es) of record owner(s) and occupants; and floor plans of the structure. In addition, the record owner shall sign an agreement, in a form satisfactory to the City Attorney, which contains at least the following:
1. Representations that the area of the structure containing the second kitchen is not, and will not be, occupied or used as a second dwelling unit, and that any use of said area will be solely by occupants of the structure and their guests;
2. A covenant to terminate the second kitchen upon change of ownership unless the new record owner complies with the provisions of this Section;
3. Consent to physical inspection of the structure at reasonable hours upon reasonable notice; and
4. Agreement to pay to the City all costs of enforcement of this Section in the event of any violation thereof, including attorney’s fees. (Ord. 2016-4 § 3, 2016; Ord. 2003-4 § 3, 2003; Ord. 90-4 § 9, 1990; Ord. 89-1 § 1, 1989.)
19.78.030 Second kitchens—Action on applications for registration—Appeal.
A. Upon filing a complete application and verified statement in proper form, the Building Official shall conduct any investigation and inspection he deems necessary and shall give written notification to the applicant identifying any code violations related to the second kitchen, or other conditions which constitute a hazard to life.
B. Within sixty days after written notice is provided by the Building Official, noted code violations and hazards to life shall be eliminated by the applicant. Within ten days after the Building Official has inspected the property and has determined that the identified code violations and/or hazards have been corrected, the registration application shall be approved.
C. If the Building Official determines that the identified code violations and/or hazards have not been corrected within the time required by this Section, the Director of Planning and Building shall deny the registration application. In such a case, the kitchen shall be subject to abatement as provided in Section 19.92.040.
D. The applicant or other interested party may file an appeal from any denial or approval of registration for a second kitchen. Any such appeal shall be in writing and filed, along with an appeal fee in an amount set by resolution of the City Council, within seven (7) days following action on the registration application. Upon the filing of an appeal hereunder, a hearing on the appeal shall be set before the Planning Commission Chairman or, if he is not reasonably available, before the City Manager, upon not less than seven (7) days’ notice to the applicant and the appellant, unless a shorter notice period is agreed to by both the applicant and the appellant. The applicant and the appellant shall be notified in writing of the decision of the hearing officer after the hearing, and such decision shall be final.
E. Nothing in this Section shall be deemed to limit any powers or authority otherwise granted to the Building Official by this Code or other applicable law. (Ord. 2016-4 § 3, 2016; Ord. 2003-4 § 3, 2003; Ord. 90-4 § 12, 1990; Ord. 89-1 § 1, 1989.)