HomeMy WebLinkAboutOrdinance 1802 (Lot Dimensions Depth)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. 1802 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING THE MUNICIPAL CODE INCLUDING: 1) ZONING
ORDINANCE TEXT AMENDMENTS REVISING REGULATIONS FOR
SECOND DWELLING UNITS AND 2) SUBDIVISION ORDINANCE TEXT
AMENDMENTS ELIMINATING SECTION 15.06.030(b) RELATING TO
LOT DIMENSIONS AND DEPTH "
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 19th day of May. 2003, a
SUMMARY of Ordinance No. 1802 was 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 2nd day of June, 2003, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
6th day of June, 2003
JE M. LEONCINI, City Clerk
ORDINANCE NO. 1802
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE MUNICIPAL CODE INCLUDING: 1) ZONING ORDINANCE TEXT
AMENDMENTS REVISING REGULATIONS FOR SECOND DWELLING UNITS AND 2)
SUBDIVISION ORDINANCE TEXT AMENDMENTS ELIMINATING SECTION 15.06.030(b)
RELATING TO LOT DIMENSIONS AND DEPTH.
WHEREAS, on June 6, 1983, the San Rafael City Council adopted zoning regulations for
creation of second dwelling units in single family zoning districts; and
WHEREAS, on September 29, 2002, the State of California adopted Government Code Section
65852.2 which required revisions to local regulations to create ministerial processes for approval of
second dwelling units; and
WHEREAS, Policy H-28 of General Plan 2000 and Policy H-25 of the Draft Housing Element of
General Plan 2020 encourage the provision of second units as a source of affordable housing; and
WHEREAS, on August 19, 2002, the San Rafael City Council adopted Ordinance 1787, a
comprehensive update to the San Rafael Municipal Code Title 15 — Subdivisions (Subdivision Ordinance);
and
WHEREAS, Section 15.06.030(b) (Lots) of this title specifies the subdivision design standards for
lot dimensions and depth. The provisions of this section require that the minimum depth of a new lot
created through application of the Subdivision Ordinance must be three times the average width of the lot.
This provision replaced the former ordinance requirement (minimum lot depth of 80 feet) and was
introduced as it is a common lot depth requirement adopted in other communities; and
WHEREAS, following adoption of Ordinance 1787, it was determined, through enforcement of the
new subdivision ordinance, that the application of the minimum lot depth provision of Section 15.06.030(b)
is in conflict with the minimum lot width and size provisions of the Zoning Ordinance (Title 14); and
WHEREAS, an amendment to Ordinance 1787 has been drafted to eliminate the specific lot depth
requirement and require that lot dimensions and depth comply with the provisions of Title 14 (Zoning).
Section 15.06.030(b) of Title 15, amended by this action, is provided in Division 1, below; and
WHEREAS, it has been determined that these amendments are exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(1) which
specifically exempts local ordinance changes to implement state requirements for second dwelling units
and Section 15305, Minor Alteration in Land Use Limitations and the City of San Rafael Environmental
Assessment Procedures Manual under Class 5f which allows for ordinance text amendments not involving
proposed development plans or commitment of land use or resources which would result in a significant
environmental impact; and
WHEREAS, the amendments to the Zoning Ordinance of the City of San Rafael, California, Title
14, are based on the following findings:
1. The proposed Zoning Ordinance amendments are consistent with the requirements of the State of
California Government Section 65852.2 which mandates that local government provide a
ministerial process for approval of second dwelling units as a state-wide strategy to encourage the
creation of such affordable housing units.
2. The proposed Zoning Ordinance amendments are consistent with both the current San Rafael
General Plan 2000 and the draft Housing Element of General Plan 2020 in that Policy H-28 of
'16
General Plan 2000 and Policy H-25 of General Plan 2020 encourage the provision of second
dwelling units as a means of increasing the supply of affordable housing, which is a major goal
identified in both General Plans.
3. The proposed Zoning Ordinance amendments mandated by the State would not impact the public
health, safety and welfare in that the provision of scattered, small second dwelling units on single
family properties would not have a significant impact on neighborhood traffic generation; would
not significantly impact the availability of on -street parking since on-site parking provisions are
mandated; would not impact the visual perception of bulk and mass of dwelling units since the
existing size regulations for single family structures would be applicable to the addition of a
second dwelling unit; would not impact privacy of adjacent properties since second story second
dwelling units would be subject to the same design review requirements as upper story additions
to single family homes; and would not lead to a degradation in property maintenance since owners
of the single family property would be required to reside on-site to provide management of the
rental of a second dwelling unit; and
WHEREAS, the amendments to the Subdivision Ordinance of the City of San Rafael, California, Title 15 -
Subdivisions of the San Rafael Municipal Code are based on the following findings:
1. The proposed amendment to Section 15.06.030(b) is limited to the replacement of a specific lot
depth standard with a general requirement for lot dimension and depth compliance with the
provisions of Title 14 (Zoning). This amendment would be consistent with the policies and
programs of the San Rafael General Plan 2000 that are pertinent to the City Subdivision
Ordinance. Furthermore, this amendment would not change or impact the findings that were
made in the 2002 adoption of Ordinance 1787, which found that the ordinance update would
implement General Plan Programs LU -d (Subdivision Ordinance), NE -b (Private Open Space),
NE -e (Water Quality) and S-1 (Erosion Control) by incorporating or updating provisions and
regulations that would address these policies and bring the ordinance into conformance with the
current provisions of the Subdivision Map Act. Lastly, this amendment would be consistent with
and remedy a conflict between the minimum lot width and size provisions of the Zoning Ordinance
(Title 14) and the current provisions of the Subdivision Ordinance.
2. The public health, safety and general welfare would not be impacted by this action, as it
would be limited to amendment of the lot dimension and depth requirements. The
amendment to Ordinance 1787 would require that new lots created by application of the
Subdivision Ordinance comply with the minimum lot size and dimension requirements of
Title 14 (Zoning); and
WHEREAS, it has been determined that these amendments are exempt from the requirements of
the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15282(i) which
specifically exempts local ordinance changes to implement state requirements for second dwelling units
and Section 15305, Minor Alteration in Land Use Limitations and the City of San Rafael Environmental
Assessment Procedures Manual under Class 5f which allows for ordinance text amendments not involving
proposed development plans or commitment of land use or resources which would result in a significant
environmental impact; and
WHEREAS, a notice describing the proposed amendments to the San Rafael Zoning Ordinance
and Subdivision Ordinance was: a) published in a local newspaper of general circulation in the area, and
b) mailed to special interest groups; and
WHEREAS, on April 29, 2003, the Planning Commission held a duly -noticed public hearing on the
draft ordinance amendments, and accepted all public testimony and the written report of the Department
of Community Development, and adopted a resolution recommending the proposed ordinance revisions
for adoption by the City Council;
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THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO
THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS:
DIVISION 1. The San Rafael Municipal Code is hereby amended to delete Section 14.17.120 and to
add new Section 14.16.285 to read as follows:
Chapter 14.16.285 Second Dwelling Units
A. Purpose. The purposes of the second dwelling unit regulations are to:
1. Implement policies of the Housing Element of the San Rafael General Plan encouraging
the provision of second units as a source of affordable housing,
2. Comply with provisions of State law, including those contained in Section 65852.2 of the
California Government Code, and
3. Ensure and maintain healthy and safe residential living environments, including
compatibility with surrounding uses and maintenance of the character of the neighborhood.
B. Applicability. Performance standards for second dwelling units shall apply in the residential
zoning districts.
C. Standards.
1. Density. A maximum of one (1) second dwelling unit shall be permitted per residential lot
containing a single-family dwelling. Second dwelling units are not required to meet density
requirements for the General Plan or Zoning Ordinance.
2. Rental or Lease. A second dwelling unit shall not be sold separately from the principal residence.
3. Owner Occupancy and Deed Restriction. The property owner shall occupy either the main
single-family dwelling or the second dwelling unit as their principal residence throughout the life of
the second dwelling unit. Prior to obtaining a building permit for a second dwelling unit, the
property owner shall file with the County Recorder a declaration or agreement of restrictions, which
has been approved by the City Attorney as to its form and content, containing a reference to the
deed under which the property was acquired by the owner and stating that:
a. The second dwelling unit shall not be sold separately;
b. The second dwelling unit shall be restricted to the maximum size allowed per the
development standards in Section 14.16.285(C)(6);
c. The second dwelling unit shall be considered legal only so long as either the primary
residence, or the second dwelling unit, is occupied by the owner of record of the property;
and
d. The restrictions shall be binding upon any successor in ownership of the property and lack
of compliance may subject the property owner to enforcement action by the City.
4. Building and Housing Code Compliance. All new or expanded second dwelling units must
comply with the Uniform Housing Code and Uniform Building Code in addition to the requirements
of this title. Legalization of existing unauthorized second dwelling units shall require compliance
with the Uniform Housing Code to ensure unit habitability, provided that the property owner must
show proof that the unit was in existence prior to June 6, 1983. An inspection must be made by the
Building and Safety Division of the Community Development Department or by an inspection firm
approved by said Building and Safety Division to determine compliance with applicable codes.
5. Attached/Detached Units. Second dwelling units may be within or attached to the principal
residence or within a separate building on the same lot as the principal residence.
6. Size Limits. The square footage of a second dwelling unit shall be no greater than forty percent
(40%) of the gross square footage of the principal residence; except that any second dwelling unit
may be at least five hundred (500) square feet even if that exceeds forty percent (40%) of the
principal residence. A second dwelling unit larger than 800 square feet in size shall require the
issuance of a use permit approved by the Planning Commission. In no case shall the second
dwelling unit exceed one thousand (1,000) square feet in size.
7. Property Development Standards. Second dwelling units must comply with existing zoning
requirements including property development standards for setbacks, lot coverage, building height
and private yard areas except that:
a. Minimum Lot Size: No second dwelling shall be located on a lot less than five thousand
(5,000) square feet in size.
b. Height: Second dwelling units added to the structure containing the principal residence
shall be subject to the height requirements otherwise applicable to the principal residential
structure. Second units constructed as a separate building and located in side or rear
setback areas otherwise applicable to the principal residential structure shall not exceed
fifteen (15) feet in height within the setback areas, unless authorized by approval of a Use
Permit by the Planning Commission.
c. Setbacks: Second dwelling units added or attached to the structure containing the principal
residence shall be subject to the setback requirements otherwise applicable to the principal
residential structure. Second dwelling units constructed as a separate building shall be
subject to the setback requirements otherwise applicable to accessory buildings except that
such units located within side or rear setback areas shall require approval of a Use Permit
by the Planning Commission.
d. Nonconforming Structures: Where a second dwelling unit is proposed in a nonconforming
structure, the proposed second unit shall not increase the spatial nonconformity of the site
or the improvements.
8. Parking. Off-street parking shall be required for each second dwelling unit, in addition to the
parking required for the existing single-family dwelling. One (1) off-street parking space shall be
required for studio and one bedroom second dwelling units. Two (2) off-street parking spaces shall
be provided for second dwelling units with two (2) or more bedrooms. One (1) parking space for a
second dwelling unit may be provided in the front setback provided that the parking space is
located within a paved area adjacent and parallel to the driveway between the driveway and the
nearest side lot line, provided the curb cut is not increased. One required space for the second
dwelling unit may be uncovered and tandem (located behind another uncovered or covered parking
space) on a driveway having a length of at least eighteen (18) feet beyond the sidewalk or property
line, provided the property has frontage on a street having a paved width of at least 38 feet.
9. Architectural Compatibility. Construction of second dwelling units that entail exterior expansion
or modification of the principal residential structure or accessory building, or construction of a new
building, shall be subject to the following design criteria:
a. The second dwelling unit construction shall incorporate the same or similar exterior materials,
including window style, as the structure containing the principal residence;
b. The second dwelling unit construction shall incorporate the same or similar exterior colors and
architectural detailing as the structure containing the principal residence;
c. The second dwelling unit construction shall incorporate the same or similar roof pitch as the
structure containing the principal residence; and
d. Separate entrances to the principal residence and the second dwelling unit are required and may
not be located on the same exterior building elevation which is most parallel to the front property
line.
e. The construction or alteration of second dwelling units in the following locations shall be subject to
the issuance of an Environmental and Design Review Permit consistent with the requirements of
Section 14.25.030 and 14.25.040(B), and the review criteria contained in Section 14.25.050(F)(6):
1. Upper story additions to the structure containing the principal residence which exceed 500
square feet,
4
2. Second dwelling units which are located above the ground floor in a separate or accessory
structure, or
3. Second dwelling units which are located within a separate or accessory structure within the side
or rear setbacks.
DIVISION 2. The San Rafael Municipal Code is hereby amended to revise Section 14.04.020 to read
as follows:
14.04.020 Land use regulations (R, DR, MR, HR, PD)
P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed.
Table 14.04.020
Type of Land R DR MR HR PD Additional
Use Use
Regulations
Residential Uses
Single-family P P P P C
residential
Duplex residential P P P C
Multifamily P P C
residential
Animal keeping C C C C C See
standards,
Chapter
14.17. See
Chapter 6.04.
Boardinghouse or
roominghouse
Conversion of
senior housing to
non -senior
housing
Conversion or
demolition of
residential use
and/or structure
Emergency
shelters for the
homeless
Permanent
Temporary or
rotating
Home
occupations
Mobilehome
parks
C
Is]
C
C C
C C
C C
C C
C C
5
C C
Condo
conversions:
See
Subdivision
Ord. See
regulations,
Chapter
14.16.
See
regulations,
Chapter
14.16.
See
standards,
Chapter
14.17.
C
C C
C
C C
P P
P
P P
5
C C
Condo
conversions:
See
Subdivision
Ord. See
regulations,
Chapter
14.16.
See
regulations,
Chapter
14.16.
See
standards,
Chapter
14.17.
Residential care
facilities for the
handicapped
Small (0--6
residents)
Large (7 or more
residents)
Residential care
facilities, other
Small (0--6
residents)
Large (7 or more
residents)
Second dwelling
units (800 square
feet in size or
less)
Second dwelling
units (greater
than 800 square
feet in size or in a
separate building
not meeting
required setback
or height
requirements)
Visitor
Accommodations
Bed and
breakfast inns
Hotels and Motels
Day Care
Day care facility,
child or adult
Family day care
home
Small (0--6
children or adults)
Large (7--12
children)
Large (7--12
adults)
Day care center
(13 or more
children or adults)
Public and Quasi -
Public Uses
Clubs and lodges,
including youth
groups
P P P P C
P P P P C
P P P P C
C C
P P P P P See standards,
Chapter 14.16.
C C C C C See standards,
Chapter 14.16.
C C C
C C
P
P
P
P
P
A
A
A
A
A
See
standards,
Chapter
14.17.
C
C
C
C
C
C*
C
C
C
C*
*Prohibited in
R2a, R1 a and
PD districts,
and R20
hillside
residential
lots.
C C
0
Open space
P
P
P
P
P
Public parks,
P
P
P
P
P
playgrounds and
recreation
facilities
Religious
C`
C
C
C
C*
*Prohibited in
institutions
R2a, R1 a and
PD -hillside
districts, and
R20 hillside
residential
lots.
Schools
Public
P*
P
P
P
C*
*Prohibited in
R2a, R1 a and
PD -hillside
districts, and
R20 hillside
residential
lots.
Parochial, private
C'
C
C
C
C`
*Prohibited in
R2a, R1 a and
PD -hillside
districts, and
R20 hillside
residential
lots.
Use of closed
C'
C
C
C
C`
May include:
school sites
child care
programs;
educational,
recreational,
cultural and
religious
classes,
programs, and
activities;
administrative
offices
incidental to
educational
service uses;
churches;
counseling
groups and
those private
business uses
which would
be permitted
as home
occupations.
Offices and
Related Uses
Medical services
"Prohibited in
(medical, dental
R2a, R1 a, and
and health-related
PD -hillside
7
services with sale
Minimum
districts, and
of articles clearly
Front (ft.) 20 20 20 20
R20 hillside
incidental to the
6 10% of lot (D), (E)
residential
services
min. 3',
lots.
provided)
10 10
Hospitals
C
Major medical
C
C
facilities, including
extended care
facilities
(treatment and
convalescent)
and children's
treatment
facilities.
Commercial Uses
Plant nurseries C
C
C
and garden
supply
Transportation
Facilities
Parking lot, public
C
C
See
or private
regulations,
Chapter
14.18.
Accessory
Structures and
Uses
Accessory P P
P
P
P See
structures and
regulations,
uses customarily
Chapter
incidental to a
14.16.
permitted use and
contained on the
same site.
DIVISION 3. The San Rafael Municipal Code Table
14.04.030 is hereby amended to read as follows:
Table 14.04.030
R2a R1a
R20
R10
R7.5 R5 Additional
Standards
Minimum 2 1
20,000
10,000
7,500 5,000 (A)
lot area acres acre
corner lot -
(sq. ft.)
-6,000
Minimum 150 150
100
75
60 50/corner
lot width
lot --60
(sq. ft.)
Minimum
yards:
Front (ft.) 20 20 20 20
15 15 (B), (C)
Side (ft.) 15 15 12'6" 10
6 10% of lot (D), (E)
width,
min. 3',
max. 5'
Rear (ft.) 25 25 10 10
10 10
W
Maximum 30 30 30 30 30
30
height of
structure
(ft.)
Maximum 20% 25% 30% 40% 40%
40%
lot
coverage
Private NR NR NR NR NR
NR
yard area
(A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square
feet. See Section 14.16.300, Small lots.
(B) Where two (2) or more lots in a block have been improved with buildings, the minimum required
shall be the average of improved lots on both sides of the street for the length of the block.
(C) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992
shall be setback twenty feet (20').
(D) On a reverse corner lot, the rear twenty feet (20') of the street side yard shall have a fifteen -foot
(15') setback.
(E) In the R7.5, R10 and R20 districts, where two or more lots in a block have been improved with
buildings, the minimum required shall be the average of improved lots within the same district on
both sides of the street for the length of the block.
(F) For design guidelines for upper -story additions and lift -and -fill construction, see Section
14.25.050(F)(6), Upper -Story Additions.
(G) For a second dwelling unit, see standards in Section 14.16.285.
DIVISION 4. The San Rafael Municipal Code is hereby amended to revise Section 14.16.020 to read
as follows:
14.16.020 Accessory structures.
An accessory structure shall comply with the following standards:
A. Coverage. Accessory structures shall not exceed a maximum of thirty percent (30%) of the
required side or rear yard areas.
B. Height. The height of an accessory structure shall not exceed fifteen feet (15% except as noted
in (E) below.
C. Alley Setback. An accessory structure shall be located a minimum of five feet (5') from an alley.
D. Front Yard. No accessory structure may be located within a required front yard.
E. Side yard. A maximum of one (1) accessory structure may be located between the principal
building and the side property line, providing that it shall be at least three feet (3') from the main
building; it shall contain a maximum area of eighty (80) square feet; and, it may be built to the side
property line. It shall be screened from view from the front yard or street by a fence and limited to
the height of the screening fence. Accessory structures shall not be located within both side yards.
An accessory structure shall meet setback requirements for reverse corner lots, Section
14.04.030(D).
F. Rear Yard. A maximum of two (2) accessory structures may be located to the rear of the main
building, provided they shall be at least six feet (6') from any main building existing or under
construction on the same lot or any adjoining lot. An accessory structure shall meet setback
requirements for reverse corner lots, Section 14.04.030(D).
G. In a nonresidential district, accessory structures are permitted when such structures do not alter
the character of the premises, and when constructed concurrent with or subsequent to the principal
structure and in conformity with all applicable requirements of this title.
H. Detached Accessory Structure. A detached accessory structure which exceeds one hundred
twenty (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, unless it complies with
the requirements of Section 14.16.285.
0
(F)
(G)
DIVISION 5. The San Rafael Municipal Code is hereby amended to revise Section 14.16.240 to read
as follows:
14.16.240 Manufactured homes.
A. Purpose. In order to increase the supply of housing and variety of housing types available to the
public, manufactured homes are permitted within all zoning districts which allow single-family
dwellings, consistent with meeting certain standards.
B. Compatibility Standards. A manufactured home may be used for residential purposes in an R
district if the planning director determines, prior to issuance of any building permit that the following
standards are met:
1. The lot and structure meet all the property development standards and requirements of the
district;
2. The home is to be used as the principal or second dwelling unit;
3. The home is attached to a permanent foundation system which conforms to state and local code
requirements;
4. The home meets the standards set forth in the National Manufactured Home Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.);
5. The roof and exterior siding and trim are of materials and treatment compatible with adjacent
residential structures;
6. The roof overhang shall not be less than twelve inches (12"). This requirement may be modified
where eaves of surrounding homes are less than twelve inches (12").
C. Other Requirements.
1. A manufactured home is also subject to any design requirements which would be required of a
single-family home on the same lot.
2. A manufactured home in a nonresidential zoning district is subject to Section 14.17.130,
Temporary uses.
DIVISION 6. The San Rafael Municipal Code is hereby amended to revise Section 14.25.040 to read
as follows:
14.25.040 Improvements subject to review.
No improvement subject to environmental and design review shall hereafter be constructed,
located, repaired, altered, expanded or thereafter maintained, except in accordance with a design
approved as provided in this chapter. The following items shall be subject to environmental and
design review permits, whether or not a building permit is required.
A. Major Physical Improvements.
1. New construction on vacant property, including but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi -public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including but not limited to:
a. Additions to residential structures with two (2) or more units, where the addition constitutes more
than twenty percent (20%) of the total square footage of the building,
b. Additions and alterations to existing nonresidential structures where the addition is greater than
thirty percent (30%) of the existing square footage (Note: The planning director may determine that
an addition or alteration greater than thirty percent (30%) which has a minor impact on the visual
character or function of a building is subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more
existing dwelling units,
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d. Second dwelling units which entail or are included in upper story additions to the principal
residential dwelling which exceed 500 square feet, constitute upper story additions of any size to
separate or accessory structures or are located in required side or rear setbacks.
3. Major site design improvements, including but not limited to:
a. Subdivisions located on slopes over twenty-five percent (25%), or with a general plan land use
designation of hillside residential or hillside resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two thousand
(2,000) or more cubic yards per site per year (Exempt: Where removal is being done in accordance
with an approved and legally effective tentative and/or final subdivision map, and a legally effective
building permit.) (Note: A use permit is also required where the principal use proposed is cutting or
filling.),
c. Landscaping, either as part of a development subject to major environmental and design review
or, if determined to significantly alter the character or appearance of a site,
d. Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles on a
development subject to major environmental and design review,
e. Signs for a development subject to environmental and design review. The sign permit application
shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs;
4. Development subject to review as a major physical improvement pursuant to any other provision
of this title.
B. Minor Physical Improvements.
1. New construction and modifications, including but not limited to:
a. Any new residence and accessory structure, including additions over five hundred (500) square
feet in size or any modification that increases the height of the roofline, located on residential lots
with slopes over twenty-five percent (25%) or located in the hillside resource residential and hillside
residential general plan land use districts,
b. Any residential structure where design review is required by adopted neighborhood or specific
plan, and where not otherwise specified in this chapter,
c. Accessory structures, or additions or modifications to any residential structure located within one
hundred (100) vertical feet of a ridgeline,
d. Duplexes, including new unit additions to single-family structures,
e. Additions to residential structures with two (2) or more units, where the addition constitutes
twenty percent (20%) or less than the total square footage of the building,
f. Upper -story additions to single-family and duplex residential structures,
g. New construction or reconstruction of boat docking facilities,
h. Additions and alterations to existing nonresidential structures where the addition is no greater
than thirty percent (30%) of the existing square footage, and no greater than seven hundred fifty
(750) square feet,
i. Structures over the height limit, including flagpoles, above -ground utility distribution facilities
including communications towers and public water tanks, windmills, monuments, steeples, cupolas
and screens for mechanical equipment (Chimneys are exempt.);
2. Minor site design improvements, including but not limited to:
a. Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards per
site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards
per site per year (Exempt: Where removal is being done in accordance with an approved and
legally effective tentative and/or final subdivision map, and a legally effective building permit.)
(Note: A use permit is also required where the principal use proposed is cutting or filling.),
b. Landscaping, including retaining walls over three feet (3') high, exterior lighting and fencing as
part of a minor physical improvement subject to environmental and design review,
c. Landscape revisions determined to be minor revisions to an existing development,
d. Parking and loading areas, including driveways, sidewalks and curb cuts, on a development
subject to minor environmental and design review; and/or parking locations for uses with
insufficient parking,
e. Parking lots, commercial,
f. Drive-through facilities. See Section 14.16.110, Drive-through facilities, for regulations,
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g. Signs for a development subject to environmental and design review. The sign permit application
shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs;
3. Development subject to review as a minor physical improvement pursuant to any other provision
of this title.
C. Administrative Design Permits.
1. New single-family residences when located on a flag lot;
2. All new two-story single-family residential structures and upper story additions over five hundred
(500) square feet in size or any modification that results in lifting the existing ground level floor of a
residence to construct a new ground level floor (lift and fill) located on single-family or duplex
residential lots. (See Section 14.25.050(F)(6) for design criteria.) Note: Such additions or
modifications to structures on lots in the hillside development overlay district or on lots with an
average slope over twenty-five percent (25%) are subject to Section 14.25.010(13)(1)(a);
3. Decks, or additions to existing decks, higher than three feet (3') above grade, except for decks:
a. Less than a total of one hundred (100) square feet, or
b. Not visible from the public street or adjacent properties, or
c. Replacing an existing elevated deck with a deck of same size and configuration;
4. Outdoor eating areas;
5. Minor exterior alterations to a structure or development that have minimal impacts on the visual
character or function of the building or development;
6. Satellite dishes over the height limit in a multifamily or nonresidential district;
7. Fences over six feet (6'), unless such fences are part of a development otherwise subject to
major or minor environmental and design review;
8. Exterior repainting and refinishing on a development subject to environmental and design review
when colors or materials are not from the approved earthtone-woodtone list;
9. Design changes to dwelling units existing or approved as of January 1, 1991 and being replaced
pursuant to Section 14.16.060, Conservation of dwelling units;
10. Development subject to review for an administrative design permit pursuant to any other
provision of this title.
D. Exceptions.
1. Single-family dwellings when sited on individual lots with frontage on a public street and not
otherwise listed above;
2. Ordinary maintenance and repairs;
3. The planning director may declare improvements which have been determined to be minor or
incidental within the intent and objectives of this chapter to be exempt from review.
DIVISION 7. The San Rafael Municipal Code is hereby amended to revise Section 14.25.050(F)(6) to
read as follows:
6. Upper Story Additions and Modifications Which Result in More than One Floor. Limited design
review of upper story additions and lift -and -fill construction is included to assure better design of
such additions and modifications and not to preclude such construction. Upper -story additions over
five hundred (500) square feet shall be designed consistent with standards (a) through (g) below.
Any modification that results in more than one (1) habitable floor shall be designed consistent with
standards (d) through (g) below. Modifications to structures on lots in the hillside development
overlay district or on lots with an average slope over twenty-five percent (25%) are subject to the
Hillside Residential Design Guidelines Manual.
a. Size Limits. On a lot less than five thousand (5,000) square feet, an upper -story addition shall be
a maximum of fifty percent (50%) of the maximum allowable amount of the floor below. On a lot
larger than five thousand (5,000) square feet, an upper story addition shall be a maximum seventy-
five percent (75%) of the maximum allowable amount of the floor below. The maximum allowable
floor area below, on the ground level, is based on the maximum lot coverage for the district.
b. Windows Facing the Rear Yard. There shall be a minimum number of upper -story windows
facing the rear where privacy of adjacent residential structures would be affected. Windows above
the first story shall be designed so that they do not look directly onto private patios or backyards of
adjoining residential property. Skylights or windows with high sills may be required where
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appropriate when other window designs would severely affect the privacy of rear yards or patios of
adjacent residences.
c. Windows Facing the Side Yard. Windows, balconies or similar openings above the first story
shall be oriented so as not to have a direct line -of -sight into windows, balconies or similar openings
of adjacent structures.
d. Windows Facing the Front Yard. Windows, balconies, doors or other openings above the first
story are encouraged. Windows and doors shall match the style and scale of the windows and
doors of the existing structure. Second story additions shall be an extension of the existing
residence with internal circulation connecting to the existing structure. The design of the addition
must reflect that the addition is an extension of the existing residence (see Section 14.16.285 for
second unit standards).
e. Outside Stairways. Outside stairways to upper stories shall be designed as modest structures
which do not dominate the facade of the building.
f. Design Consistency. Proposed roof slope and building materials shall be designed to be
consistent with the roof slope and materials of the existing structure.
g. Neighborhood Compatibility. Where a prevailing design exists on both sides of the street for the
length of the block, the addition or modification shall be designed to be compatible with the design
character and scale of the neighboring buildings.
G. Landscape Design. The natural landscape should be preserved in its natural state, insofar as
practicable, by minimizing grading, and tree and rock removal. The landscaping shall be designed
as an integral enhancement of the site, sensitive to natural site features.
DIVISION 8. The San Rafael Municipal Code is hereby amended to revise Section 15.06.030 to read
as follows:
15.06.030 Lots.
The following standards and requirements shall apply to all new lots or parcels created in a
subdivision:
(a) Minimum Lot Size. The minimum lot size shall be based on compliance with the zoning
provisions of Title 14 (Zoning) and the densities allowed under the San Rafael general plan or
applicable specific plan or neighborhood plan. In hillside areas, lot sizes shall comply with the
minimum size requirements of Chapter 15.07 (Standards for Hillside Subdivisions) of this title.
(b) Lot Dimensions and Depth. The dimensions and depth of a new lot shall be based on
compliance with the zoning provisions of Title 14 (Zoning).
(c) Lot Numbering. All lots or parcels created for the purpose of development shall be assigned a
lot number (e.g., numerical) on the final map or parcel map. All lots or parcels that are created for
common use and ownership by an association of owners/homeowner's association or are intended
for use other than for development purposes shall be designated with a letter (e.g., "A") rather than
a lot number.
(d) Panhandle/Flag Lots. Panhandle or flag lots are lots that are served by a strip of land that is
used primarily for gaining access to a major portion of the lot or parcel. The creation of new
panhandle or flag lots shall be permitted only when the following conditions can be met:
(1) The panhandle shall not be included in calculating the minimum required square footage of the
lot or parcel;
(2) The lot shall meet all of the requirements of the zoning district within which it is located;
(3) The panhandle shall not be used to determine the minimum required front yard setback. The
front yard setback shall be measured from the property line that is parallel and nearest to the public
street; and
(4) Access to a public street shall be over land under the same ownership as the lot, and shall not
be over an easement granted by an adjacent property owner.
When considering the approval of a panhandle lot, the city may impose more stringent spatial
standards than normally required, such as increased setbacks, to promote privacy, health and
safety.
DIVISION 9:
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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 10:
A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall
be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is
adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of
this Ordinance shall be published within fifteen (15) days after adoption, together with the names of the
Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a
certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or
against the Ordinance.
jr= ayor /
ATTEST:
F ----R JEANNE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1802 was read and introduced at a Regular Meeting of the City Council of
the City of San Rafael, California, held on the 19th day of May, 2003 and ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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 June, 2003.
JEANNE M. LEONCINI, City Clerk
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