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HomeMy WebLinkAboutOrdinance 1831 (Zoning 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. 1831 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, VARIOUS CHAPTERS, AND AMENDING THE ZONING MAP" 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 15th of November, 2004, a SUMMARY of Ordinance No. 1831 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 6th day of December, 2004, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Phillips (due to absence from meeting_ of 11/15/04) WITNESS my hand and the official seal of the City of San Rafael this 7th of December, 2004 JEAMNE M. LEONCINI, City Clerk ORDINANCE NO. 1831 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, VARIOUS CHAPTERS, AND AMENDING THE ZONING MAP WHEREAS, General Plan 2020 contains policies and implementing programs that encourage the development of new affordable housing: Program LU -14a (Height Bonus) to include Lincoln Avenue height bonus; LU -24a (Zoning Ordinance Amendments) and NH -35a (Zoning Ordinance) to expand housing opportunities in commercial districts and to allow more ground floor retail uses in the Hetherton Office District; LU -24 (Land Use Map and Categories) to expand housing opportunities; LU -13 (Building Heights) to provide an allowed density for residential uses; LU -24a (Zoning Ordinance Amendments) to allow for residential -only development and for more ground floor retail in specific areas; NH -151 a to allow live/work uses to provide new housing opportunities, improve the entryway to the neighborhoods to the south, and upgrade the appearance of buildings in the vicinity of Davidson Middle School; NH -48a (Zoning Ordinance); Policy H-1 to promote the distribution of new affordable housing of quality construction throughout the city to meet local housing needs; Policy H-9 to seek ways to lower housing costs for lower income households; H -18d (Underutlitized Public and Quasi -Public Lands for Housing) to allow housing in public/quasi-public zoning districts); Policy H-19 to require that new residential projects provide a percentage of units for below market rate (BMR) housing, with identified minimum percentages, levels of affordability, location criteria, and allowances for in -lieu fees; Program H -19a to require the preparation and adoption of an ordinance implementing the BMR housing requirements; Policy H-21 to establish provisions for density bonuses for projects which include affordable units; Programs H -21a and 21b to require the modification of zoning regulations to offer density bonuses consistent with requirements of State law; program H -23a (Encourage Residential Uses in Commercial Areas); H -23b(2) (Revise Zoning Standards for Mixed Use) to allow for increased flexibility in determining the appropriate amount of residential and commercial use in a building footprint; Policy H-24 to require that new nonresidential development contribute towards the creation of affordable housing to mitigate job increases; Program H -24a to require the preparation and adoption of an ordinance requiring that new non-residential construction either provide or help fund the creation of new affordable housing units; and WHEREAS, the General Plan policies and programs address an identified shortage of affordable workforce housing in San Rafael and throughout Marin County. Only 19% of the households living in the county are able to afford a median -priced home. Over half of San Rafael's lower income households pay more than 30% of their income for housing. Overcrowding of housing units has doubled in the past ten years. Of the 2,090 housing units identified by the State Department of Housing and Community Development as San Rafael's Regional Housing Need, 52% should be affordable to moderate, low or very -low income households; and WHEREAS, the City of San Rafael has had a Below Market Rate (BMR) Housing Program and has required the provision of a percentage of new residential units as BMR units since 1988 to "encourage provision of housing for all economic segments of the community" and to "partially mitigate the loss of opportunity to construct housing affordable to low and moderate income households occurring because of construction of new market rate �-h\ housing." This program has resulted in the development of 576 affordable units since its inception. Utilizing this BMR Housing Program, as well as financial subsidies through the City's Redevelopment Agency, the City has caused approximately 25% of all new housing units built within the past ten years to be affordable to very -low, low and moderate income households. If the City is to provide the proportion of affordable units as required by the State's Regional Housing Needs Determination, the affordability requirements of the BMR Housing Program will have to be increased and other opportunities for financial subsidies, such as placing mitigation requirements on new non-residential construction, will be needed; and WHEREAS, construction of commercial and industrial space accommodating business expansion has resulted in the creation of new jobs which has increased the demand for housing. Between 1990 and 2000, employment in Marin County increased by 15,500 jobs, while only 8,107 additional housing units were constructed, and the great majority of these new units targeted higher income earners; and WHEREAS, there is great concern among San Rafael residents and business owners about the lack of affordable housing. Both the 1974 and 1988 General Plans identified affordable housing as a vital community need. In the preparation of the Trends Report and Issues Report in 2000, affordable housing ranked as one of the top three issues facing San Rafael; and WHEREAS, the City of San Rafael, the County of Marin and the City of Novato commissioned an economic analysis from the firm of David Paul Rosen and Associates to document the demand for affordable housing created by anticipated nonresidential development and to determine the necessary subsidy levels given local construction costs and housing prices. This study concluded that there is a clear nexus between the creation of new non-residential building areas and an increased demand for affordable housing due to new jobs. For example, the study found that construction and occupancy of 100,000 square feet of new office space in Marin would generate the need for housing for 34 new very -low, low and moderate income households. The study also determined that, given costs of residential construction and market rental rates and sales prices in Marin and median county income levels, subsidies ranging from $19,200 to $127,700 are needed to make market -rate units affordable to very -low, low and moderate income households. At the in -lieu fee rates proposed in this ordinance, an additional $3 million in housing subsidies would be generated by this program, which would increase the supply of affordable, workforce housing by at least 41 units, based on average subsidy costs; and WHEREAS, the proposed amendments to Title 14 Zoning Ordinance would implement the aforementioned policies and programs of General Plan 2020 by making the following changes: 1. Amendment to section 14.04.020 (Land Use Regulations) to allow bed and breakfast inns in certain R districts. 2. Amendment to section 14.05.010 (Specific purposes) to modify the purpose statements for General Commercial (GC), Office (0) and Francisco Blvd. West Commercial (FBWC) districts to allow residential use, to modify the purpose statement for Hetherton Office (HO) district to allow more residential and retail uses, to change the Commercial/Office (C/O) district to allow residential use on the ground floor, and to 2 modify the Neighborhood Commercial (NC) district to allow up to three stories for a mixed-use building. 3. Amendment to section 14.05.020 (Land Use Regulations), to allow residential -only and residential -mixed use in the Office (0) district and residential use in the General Commercial (GC) district and Francisco Blvd. West Commercial (FBWC) District and to allow residential -only development in the Commercial/Office (C/O) District. 4. Amendment to section 14.05.030 (Property Development Standards) (GC, NC, O, C/O, R/O, FBWC) to designate a residential density for the General Commercial (GC), Office (0) and Francisco Blvd. West Commercial (FBWC) districts, to allow a 36 -foot height limit for mixed-use buildings in the Neighborhood Commercial (NC) District, to clarify the allowed height and height bonus for hotels, and to revise the reference for the Lincoln Avenue height bonus to note that all height bonus regulations are in section 14.16.090. 5. Amendment to section 14.05.022 (Land Use Regulations), to allow for residential -only development, and for more ground floor retail in the Hetherton Office (HO) District. 6. Amendment to 14.06. 010 (Specific Purposes), 14.06.020 (Land Use Regulations) and 14.06.030 (Property Development Regulations) to add the Lindaro Mixed Use (LMU) district and related regulations, and to delete the reference to a use permit requirement for traffic intensification. 7. Amendment to 14.07.030E (Trip Allocations) to delete the reference to Trip Allocations, which will no longer be necessary with the deletion of Appendix B in General Plan 2000. 8. Amendment to 14.08.010 (Specific Purposes), 14.08.020 (Land Use Regulations) and 14.08.030 (Property Development Standards) to combine the two marine zoning districts into one district, to allow residential and expanded retail and office uses in the Marine Related District, and to establish a residential density. 9. Amendments to section 14.09.010 (Specific Purposes), 14.09.020 (Land Use Regulations) and 14.09.03 (Property Development Standards) to allow residential development in the Public/Quasi-Public Zoning District. 10. Amendment to Section 14.16.030 (Affordable Housing Requirements) to govern the application of in lieu fees for residential and nonresidential development. The ordinance will establish the requirements for provision of affordable housing (or in limited cases an in -lieu fee) in new residential development, include new regulations requiring the provision of affordable housing or an in -lieu fee for new non-residential development to mitigate the addition of new lower -wage jobs, and provide allowances for density bonuses for new residential development based on requirements of state law. 11. Amendments to section 14.16.150 to delete formula limiting mixed use residential development, to delete subsection (B) (3) governing mix of allowed development in a mixed use project, and to replace the floor area ratio (FAR) table with revised floor area ratio (FAR) maps. 12. Amendment to section 14.16.190 (Height Bonus) to include height bonuses in North San Rafael Town Center area and at Marin Square/Gary Place, and to add height bonus information currently contained in other sections of the Zoning Ordinance. 13. Amendment to section 14.17. 100 to revise subsection (B) (Applicability) to identify the level of review for housing development in a mixed-use project, and to revise the live/work standards. 14. Amendment to section 14.22.020 to delete subsections (B) and (C), to avoid duplication of information provided in the land use tables for each zoning district. 15. Delete Chapter 14.26 (Trip Permits) as General Plan 2020 will not include an Appendix B nor a methodology to track parcel -specific trip allocations. 3 16. Amendments to the Zoning Map to include new Lindaro Mixed Use Zoning District, rezone the Marine Commercial lots to Marine Related, and to make other zoning map amendments for consistency with General Plan 2020; and WHEREAS, on March 30, 2004, the Planning Commission held a duly -noticed public hearing to consider the proposed Zoning Ordinance amendments, accepting all public oral and written testimony and the written report of the Community Development Department. On a 7-0 vote, the Planning Commission adopted Resolutions No. 04-20 recommending to the City Council approval of the provisions for affordable housing and density bonuses, and No. 04-23 recommending to the City Council approval of revisions to allow residential use in certain zoning districts and to encourage residential development; and WHEREAS, the City of San Rafael has prepared an environmental impact report (EIR) for General Plan 2020 which includes a description of the proposed implementing ordinances, including the proposed revisions to the Zoning Districts and the proposed revisions to the inclusionary zoning requirements and density bonus provisions for new residential developments, as well as the new housing mitigation requirement for new non-residential development, Zoning Map, and related zoning provisions, which are detailed in this ordinance, and concluded that these regulatory changes would not create significant environmental impacts; and WHEREAS, the Planning Commission recommended to the City Council certification of the Final Environmental Impact Report for General Plan 2020; and WHEREAS, the Planning Commission of the City of San Rafael recommended on August 24, 2004 that the City Council adopt the amendments to Title 14 of the San Rafael Municipal Code contained in Exhibit A to this Ordinance; and WHEREAS, the amendments to Title 14 - Zoning of the San Rafael Municipal Code are based on the following findings: The proposed amendments are consistent with the San Rafael General Plan 2020, including the following policies and programs: the amendment to section 14.04.020 Land Use Regulations is consistent with LU -21 (Hotels, Motels and Inns); the amendment to section 14.05.010 (Specific Purposes) is consistent with program LU -24a (Zoning Ordinance Amendments) and policyNH-35a (Zoning Ordinance) to allow for the expansion of housing opportunities in commercial districts and to allow more ground floor retail uses in the Hetherton Office District; the amendments to section 14.05.020 (Land Use Regulations) and section 14.05.030 (Property Development Standards) (GC, NC, O, C/O, R/O, FBWC) are consistent with policy LU -24 Land Use Map and Categories which expands housing opportunities in San Rafael's land use districts; the amendment to section 14.05.022 (Land Use Regulations) is consistent with program LU - 24a (Zoning Ordinance Amendments) which allow for residential -only development and for more ground floor retail in the Hetherton Office District; the amendments to 14.06.010 (Specific Purposes), 14.06.020 (Land Use Regulations) and 14.06.030 (Property Development Regulations) are consistent with NH -151a to allow live/work uses to provide new housing opportunities, improve the entryway to the neighborhoods to the south, and upgrade the appearance of buildings in the vicinity of Davidson Middle School; the amendment to section 14.07.030E (Trip Allocations) to delete the reference to Trip Allocations is consistent with General Plan 2020 which no longer includes trip allocations; the amendment to 14.08.020 (Land Use Regulations) to allow residential and 4 expanded retail and office uses in the Marine Related District is consistent with NH -48a (Zoning Ordinance) to allow more residential uses; the amendment to section 14.09.030 is consistent with H -18d (Underutilized Public and Quasi -Public Lands for Housing) to allow housing in the Public/Quasi-Public district; the amendment to section 14.16.150 to delete formula for mixed use residential development is consistent with H -23b(2) (Revise Zoning Standards for Mixed Use) to allow for more flexibility in determining the appropriate amount of residential and commercial use in a building footprint; the amendment to section 14.16.190 (Height Bonus) is consistent with LU -14a (Height Bonus); the amendment to section 14.17. 100 is consistent with H -23a (Encourage Residential Uses in Commercial Areas) to facilitate more housing opportunities in San Rafael; the amendment to section 14.22.020 to delete sections B and C of section 14.22.020 will avoid duplication of information, and possible conflicts; the amendment to delete section 14.26 (Trip Permits) is consistent with General Plan 2020 which will not include an Appendix B nor a methodology to track parcel -specific trip allocations; and the amendments to the Zoning Map is consistent with the General Plan 2020 Land Use Map. 2. The proposed amendments to section 14.16.030 Affordable Housing Requirement are consistent with the San Rafael General Plan 2020, including the following policies and programs: a) The proposed increase in the required proportion of affordable units in new residential developments is consistent with Policies H-9 (Funding for Affordable Housing) and H-19 (Inclusionary Housing Requirements) and with Program H -19a (Inclusionary Housing) of the San Rafael General Plan 2020, which support the creation and subsidy of affordable housing units, specifically through "inclusionary" requirements in the Zoning Ordinance that require a proportion of housing units in new residential developments be provided at rates affordable to very -low, low and moderate income households; b) The proposed provisions for density bonuses and regulatory incentives is consistent with Policy H-21 (Density Bonuses) and Programs H-21 a (State Density Bonus Law) and H -21b (Exceptions for Density Bonus Development from Zoning Standards) which require consistency with density bonus requirements in state law to encourage the provision of affordable units and general increases in new housing supply; c) The proposed requirements to be applied to new non-residential development are consistent with Policy H-24 (Contributions Towards Employee Housing) and Program H - 24a (Jobs/Housing Linkage Ordinance) in that they require developers of new, non- residential developments that are found to impact the demand for affordable housing to create on-site affordable housing units or to pay an in -lieu housing fee to subsidize the production of affordable housing units elsewhere in the City. 3. The public health, safety and general welfare would not be adversely impacted by the proposed amendments in that the creation of additional affordable housing in San Rafael would (a) reduce the length of in -commuting to local jobs and the resulting congestion on highways and local streets parallel to the freeways, and (b) would broaden the local workforce by increasing the supply of housing for very -low, low and moderate income households to fill the demand for lower -paid employees among San Rafael businesses. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: 5 DIVISION 1. Amend San Rafael Municipal Code Title 14, Chapter 14.03 — Zoning, Definitions; Table 14.04.020 — Land Use Regulations; Chapter 14.05 — Commercial and Office Districts, Specific Purposes, Land Use Regulations, and Property Development Standards; Chapter 14.06 — Industrial Districts, Specific Purposes, Land Use Regulations and Property Development Standards, Chapter 14.07 — Planned Development District, Property Development Regulations; Chapter 14.08 — Marine -Related District, Specific Purposes, Land Use Regulations, and Property Development Standards; Chapter 14.09 — Public/Quasi-Public District, Specific Purposes, Land Use Regulations , Property Development Standards; Chapter 14.16 — Site and Use Regulations, Affordable Housing Requirement, Floor Area Ratios, and Height Bonus; Chapter 14.17 — Performance Standards, Residential Uses in Commercial Districts; Chapter 14.22 — Use Permits, Authority; Chapter 14.26 — Trip Permits; and the Zoning map, as fully set forth in attached Exhibit A. DIVISON 2. The affordable housing in -lieu fee provided in Section 14.16.030 shall not be collected for any nonresidential development project for which land -use entitlements have been granted, and remain valid, pursuant to Title 14 of the San Rafael Municipal Code (Zoning Ordinance) prior to the effective date of this ordinance. A "valid" land use entitlement shall be one for which final project approval has been granted by the decision-making authority and the approval granted by the decision-making authority has not lapsed. Additionally, the affordable housing in -lieu fee shall not be collected for any non-residential project subject to a Development Agreement approved prior to the effective date of this ordinance, except in those instances where the Development Agreement specifically authorizes the City to collect fees and charges adopted by the City, subsequent to the date of approval of the Development Agreement. DIVISION 3. 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 City 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 4. 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 those Councilmembers voting for or against the same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, Sate 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. .r r ABBE T{J. BOR ayor ATTEST: JEVNNE M. LEONCINI, City Clerk The foregoing Ordinance No. 1831 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, on the 15`h day of November, 2004, 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 City Council to be held on Monday, December 6, 2004. Attachment: EXHIBIT `A' A JE M. LEONCINI, City Clerk 7 Exhibit A Ordinance No. 1831 Zoning Ordinance Revisions to Various Chapters of Title 14 Chapter 14.03 – Definitions is hereby amended to delete the definitions of "Affordable housing" and "Mixed-use development," and to add the following definitions: "Affordable Housing Unit(s)" means those dwelling units as described herein which are required to be rented at affordable monthly rents to very -low, low, and moderate -income households, or purchased at an affordable sales price to low and moderate -income households. "Affordable Monthly Housing Cost" for ownership units shall mean that no more than thirty- three percent (33%) of household income is required for total housing cost including principal and interest payment on the mortgage, private mortgage insurance payments, property taxes, property insurance and homeowners association dues. "Affordable Monthly Rent" means the monthly rental rate plus a utility allowance for tenant -paid utilities as determined by the Marin Housing Authority that together does not exceed thirty percent (30%) of the monthly income of the specified income level. "Affordable Sales Price" means the sales price for an affordable ownership unit as set forth in the Below Market Rate Housing Agreement between the City and the developer. "Density bonus" means concessions or incentives for additional housing density beyond such regulations contained for residential development within the San Rafael Municipal Code or the San Rafael General Plan, for projects that are consistent with the requirements of Government Code Section 65915 and/or Section 14.060.030(H)(3) of the San Rafael Municipal Code. "Equivalent Alternative Action" means actions performed by a developer that the City Council, in its sole discretion, determines will further the affordable housing goals of the City to an equal or greater extent than compliance with the requirements herein. "Fractional Unit" occurs when the required percentage of affordable housing units results in less than one unit or a combination of affordable housing units and less than one full unit. For example- total number of new units (12) multiplied by the required affordable housing units (15%) results in one full unit and a.80 fractional unit or 80% of a full unit. "Low income household" means households earning less than 80% of County median income according to the latest Federal Housing and Urban Development Department income limits table (or similar table provided by the Marin Housing Authority), or as otherwise defined by Resolution of the City Council. "Market Rate Housing Units" means dwelling units in a residential or mixed-use project that are not affordable housing units. "Median Income" means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA)—comprised of San Francisco County, San Mateo County and Marin County --as published by the United States Department of Housing and Urban Development ("HUD"), Office of Economic Affairs, Economic and Market Analysis Division, with adjustments for smaller or larger households made according to HUD's standard adjustment factors for household size, or as otherwise defined by Resolution of the City Council. A-1 "Mixed Use Project" means a development in which more than one use is combined in a single building or on a single site. "Moderate Income Household" means a household with total gross annual earnings of less than 120% of Median Income as defined above. "Residential Development Project" means a project for the construction or placement of a dwelling unit or a second dwelling unit, manufactured home, or a mixed use development as defined in 14.17.120 or the subdivision of land for a residential development project or a mixed use project. "Very -low Income Household" means a household with total gross annual earnings of less than 50% of Median Income as defined above. Section 14.04.020 -- Land use regulations (R, DR, MR, HR, PD) is hereby amended as follows: Type of Land R DR MR HR PD Additional Use Regulations Use Bed and C* breakfast inns C C C *On non -hillside lots 20.000 square feet or larizer. Section 14.05.010 -- Specific purposes is hereby amended as follows: I. General Commercial District (GC). The general commercial district promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have freeway or major street access and visibility. Residential use is allowed with a use Dennit. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the general plan. J. Neighborhood Commercial District (NC). 1. The neighborhood commercial district provides convenient shopping areas within residential neighborhoods for retail items and personal services which may be needed on a frequent basis for vicinity residents. Examples of convenience goods or services include supermarkets, pharmacies, dry cleaners and personal service establishments. Within this district, a limited amount of office and residential use may be allowed, t al}y-only if in mixed-use developments. Office uses shall provide a service convenience to local residents. Neighborhood commercial areas are intended to reduce trips to more distant major commercial areas. 2. Neighborhood commercial retail uses are limited in order to ensure compatibility with residential neighborhoods and to concentrate region -serving goods and services in locations outside of neighborhoods and in proximity with one another. A-2 3. Neighborhood commercial development is intended to be compatible with the surrounding residential neighborhood in terms of building height (typically one to two (2) stories, with up to three stories for a retail/residential mixed use building), setbacks and landscaping. K. Office District (0). The Office District provides opportunities for the siting of a variety of administrative, professional, medical and general business offices. This district also des allows residential use, and limited convenience retail and service uses to support office uses and serve local employees. The office district is intended to provide an attractive, landscaped environment with outdoor amenities such as courtyards, plazas, benches, seating areas and pedestrian/bicycle paths. FAR, trip allocation and design criteria vary throughout the district in response to localized conditions recognized in the general plan. M. Commercial/Office District (C/O). The commercial/office district promotes retail, office, mixed retail/office/residential uses, and cultural facilities. The commercial/office district is different from the downtown zoning districts in that it provides greater opportunity for office and financial uses in first -floor locations. , •Residential units are promoted to provide evening and weekend activity, increase the city's supply of housing units and support downtown activities and uses. O. Francisco Boulevard West Commercial District (FBWC). 1. The Francisco Boulevard West commercial district provides a wide range of specialty retail uses with regional appeal, including sales of automobiles, bulk retail items, building materials and other region -serving goods. The Francisco Boulevard West district is intended to accommodate large scale developments and shopping centers with specialty retail tenants. Assemblage of parcels shall be encouraged in this district in order to promote larger scale development projects. Residential use is also allowed in this district. 2. This area is expected to be the focus of major redevelopment in the future. Until redevelopment occurs, it is recognized that there will be many nonconforming uses within the Francisco Boulevard West commercial district, and it is intended that existing legal nonconforming uses may remain as viable interim uses. Section 14.16.270, Nonconforming structures and uses, contains general provisions on non -conforming uses which apply in these instances. However, these types of interim uses are not permitted on any additional sites within the Francisco Boulevard West district. P. Hetherton Office (HO). 2. Allowed Uses. The Hetherton office district is expected to become a major office area because of its proximity to the Transportation Center, Fourth Street retail and services, and the visibility from and access to Highway 101. New large-scale office development is encouraged in order to strengthen downtown's standing as a business and financial center. On the ground floor, office, business -support retail, general retail for parcels that front on Fourth Street, personal service uses and restaurants are encouraged. Parking structures are allowed, and should have commercial uses on the ground floor. Limits on shops protect Fourth Street retail businesses. Houvilg io all3wed on the sesend floor- and above, and4f Residential and live/work is permitted on the upper floors on Fourth Street, and on the ground floor and above elsewhere. A-3 Table 14.05.020 -- Land use regulations (GC, NC, O, C/O, R/O, FBWC) [partial listing] is hereby amended as follows: Type of Land Use Single-family residential Duplex residential Multifamily residential I [A GC NC O C/O R/O FBWC* Additional Use -�IRegulations I C- II S C C P A! P A I lard, or 2F,aieer er above Only in a mixed i f use development See Chapter 14.17 standards. - __J Home occupations: P P P P P IP I Chapter # 14.16 regulations. Live/work quarters A JA A A A A See Chapter 11� 14.17 standards. ' Residential care facilities for the i handicapped _i Small (0--6 P P P residents) ��P IIR I�P Large (7 r more P j i�P �Ip ]P _ .. � IPPresidents �I Residential care E facilities, other !Small (0--6 IP P P P P P residents) i� Large (7 or more CC C C C ICI residents) Rooming or boarding h) _ houses i A C �J�A A � A A I 'See Chapter i 14.17 standards. Family day care— — Small (0--6 children or adults) Large (7--12A A j A A JA A_ See Chapter children) iT �t 14.17 standards. Large (7--12 C C C C C — adults) IC A-4 Table 14.05.030 -- Property development standards (GC, NC, O, C/O, R/O, FBWC). [partial listing] is hereby amended as follows: GCNC 'IO IC/OR/O — FBWC Additional Standards Minimum lot NAI ,O00 1,800 NA1,000 1,000 1,000 j NA1,000 '(A) area/dwelling unit (sf) Maximum height 36 36 feet-, 36 36 36 36 (C), (D), (E), of structure (ft.) 30 feet (F), (G), (H) for a residentia j 1 -only j building Usable outdoor N�ANR INR �NANR NR NR NANR (M) area i (D) Hotels have a four (4) story (54 fect) height limit. A one-story 02 feet) height bonus five (5) story --may be approved as part of a design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (H) A fA), eight feet (4 8") -height l t -bonus on Lineein ".",n+tc may be permitted in residential development as provided for in Section 14.16.1090, Height Bonus. Table 14.05.022: Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M, R/O) [partial listing] is hereby amended as follows: Type of Land 4SRC 'HO CSMU 2/3 MUE !2/3 WEV R/OUsei MUW___.151M �_ -- I Commercial ;Uses ------------- Animal sales and service, i excluding J exterior kennels, pens or runs (1) 1 i Animal careCZ CZ j CZ CZ CZ facilities Animal retail P�0 -,;P- P P sales P(27 2,000=F- Sp- CZ(2- P 271 Building ; materials and € supplies jPaint stores (2) Ir -- - P ilp ~'PIP ____ _Lll___ Food and ' 99' beverage stores 1 I "I Convenience CZ 't�Z CZ i CZ CZ markets jIE __]CZ(4) ��CZ -- fl_.-.._ ............. Grocery stores P P P ; P P I P C(4) and supermarkets (7) Liquor stores (1) Less than 200 CZ c7 CZ CZ ICZ CZ CZ(4) ft. from residential district (2) 200 or more P P P P P P CZ(4) ft. from residential F district J I Motor vehicle I sales and service (including automobiles, motorcycles, ! A-6 !Type of Land 4SRC HO CSMU 2/3 MUE ? WEV _ 5/M R/O Use �2/3 MUW �I _ _] trailers, trucks € and recreational j vehicles) ............ ---- Sales, parts ands upplies - i- �_.�.___ - 1l_..__ (Retailll.. .......... .-----_IL Antique stores P -420 P(27) ,* P � ' P P P(4) j s#--CZ(2-7-) . P 27 i J s Apparel stores P .42,000f. P(27) P (2 ) 2, 004= � P { P [i P P(4) PsP- CZ(-2-7) Appliance stores P 42,000 1: P P P P(4) (and ancillary P{27} 2;988 repair) sf-. C-Z(27) P 27 Auctions (15) IP IP P iIP IIP IIP(4) Bicycle shops P 42-000 sf-- P(27) 0004=s P n P P P(4) EZ(27) P27 Department PP f P I W ? P P ! P(4) stores i I Discount stores P j P _ _�l__-- P P 16 - P --�I—__ _ P __` P 4 Furniture stores P <2,1100 sr. ' P !� ` P P P(4) and upholstery P2, 1�8T i shops (and s f I ancillary repair) F1271 I ---- --- --- - - - ...... _..... -- �Gun shops A A ?IA I I A jIA Jewelry stores P 42,-�0 sf-- P j IP P(4) V: CZ/,27) f P 27 Plant nurseries P(2) FL2) IP(2) �P(2) P(2) P(2)(4) and garden supply I Secondhand CZ Cz Cz I'M CZ CZ(4) stores and pawnshops (17) A-7 Type of Land 4SRC P HO s#--FZ(2-7) P (27) CSMU 2/3 MUE 2/3 WEV 42,000 sf-.P R/O Use I ( sf.P Live/work P 27 I MUW sf.CZ 1�11M Shoe stores - P�?�--N0 P P(2 7x 7) -2,0-0-9 S.F.j P .._ P P P(4) C—Z(27) P 27 I (Shopping centers ICIC IC �I C I C I C(4)� Sporting goods P .--2,000 sP P P P P(4) stores " sp-CZ(27) P 27 Stamp and coin P <2,000sr P P P P(4) shops P(27- ,) 0004= 1 i Sly Swimming pool ; P P ; P P P supplies _... I--- -- �- I- Tobacco C(28) C(28) C(28) I C(28) Retailer, Significant j Toy stores P <2,- 000 sf-- P residential (19) s#--FZ(2-7) P (27) (Variety stores ---- IP- IAJA Video sales and P 42,000 sf-.P P I <2,000 rentals 2000 4= sfi-C-Z ( sf.P Live/work P 27 2000+ sf.CZ Residential and Visitor Accommodation Uses (Multifamily IA IA (299) residential (19) (Animal keeping IAJA (Caretaker's IA (299) residence IIA Live/work JA A (298) quarters (19) Residential care facilities for the handicapped in IA A A ]A A-8 IA (20) IA A (20) ��A (20) P IP --..IIP--- (P IP P IA IA IA A I P(4) P(4 P(4) JA IA IA Type of Land 4SRC Use dwelling unit (19) Small (0--6 P residents) Large (7 or more P residents) Residential care facilities, other in dwelling unit (19) Small (0--6 �P residents) Large (7 or more C residents) Rooming or A boarding houses (19) JH0 �CSMU IP (290) - i 11? P (290)^^ i IJC (20) P (290) P i C (290) IC F A (290) j A 2/3 7UE L2/3 �IWEV �5/MVR/O P (20) P ]p IP __ � L-1 r _ P (20)1P i Ir Ir IJC (20) IC - 11C A (20) 1IC f A A A "See Seetien i 4 05 020 n (2) See "Outdoor storage." (7) Operating after 11 p.m. requires a use permit. (15) See Chapter 10.16. (19) See Section 14.17.100 (Residential uses in commercial districts). (20) Residential use allowed if part of a mixed-use development. (27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage. (28) Shall not be located within one thousand feet (1,000') from: schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed daycare centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each parcel. (29) Residential use is allowed on the around floor and above. exceut on lots facing Fourth Street where residential use is allowed on the rear around level and second floor and above. A-9 Table 14.16.030-1 Number of New Very -low, Low and Moderate Income Units Required for New Nonresidential Development Development Type Office or Research and Development uses Retail, Restaurant or Personal Service uses Manufacturing or Light Industrial uses Warehouse uses Number of New Very -low, Low and Moderate Income Units (per 1,000 square feet of gross floor areal) 0.30 0.23 Hotel or motel uses' 0.0084 Floor area excludes all areas permanently used for vehicle parking. Z Includes professional, business and medical offices. 3 Accessory uses to a hotel or motel, such as restaurant, retail and meeting facilities shall be subject to requirements for a retail use. 3. Provision of Units or In -Lieu Fee. Required affordable housing units shall be provided on the same site as the proposed nonresidential development, at an off-site location within the City, through dedication of suitable real property for the required housing to the City, or through payment of an in -lieu fee, at the discretion of the Planning Commission or City Council. The Planning Commission or City Council may accept off- site units or an in -lieu fee if they find that inclusion of the required housing units within the proposed nonresidential development is not reasonable or appropriate, taking into consideration factors including, but not limited to, overall project character, density, location, size, accessibility to public transportation, and proximity to retail and service establishments, or where the nature of surrounding land uses is incompatible with residential uses in terms of noise or other nuisances, health or safety hazards or concerns. Where the application of the affordable housing requirement in Section 14.16.060 (I) (2) results in less than one unit or one or more affordable housing units and a fractional unit, the developer may choose to pay an in -lieu fee for the fractional unit without the required findings noted above. Affordable housing units provided as part of the proposed nonresidential development or at an off-site location shall meet the requirements of Sections 14.16.030 (C), (D), (H) and (I) and shall be completed prior to or concurrent with the completion of construction of the proposed nonresidential development as the conditions of project approval shall specify. 4. Calculation and Pavment of In -Lieu Fee. The amounts and calculation of the housing in - lieu fee shall be based on the formula set forth in 14.16.030 F and established by Resolution of the City Council as amended from time to time. Unless otherwise preempted by law or as otherwise approved by the Planning Commission or City Council, the in -lieu fee shall be paid prior to the issuance of a building permit for the proposed proj ect. J. Housing In -lieu Fee Fund. The housing in -lieu fees shall be placed in a segregated Citywide Housing In -lieu Fee Account. The funds in the Housing In -Lieu Fee Account, along A-30 with any interest earnings accumulated thereon, shall be used solely to increase and expand the supply of housing affordable to very -low, low and moderate income households, including but not limited to the following: 1. Design and construction of housing affordable to households of very -low, low and moderate -income households including costs associated with planning, administration and design. 2. Acquisition of property and property rights including acquisition of existing housing units and the provision of long-term affordability covenants on those units. 3. Other actions that would increase the supply of housing affordable to very -low, low and moderate income households. 4. Costs of program development and ongoing administration of the housing fund program. 5. Expenditures from the Housing In -lieu Fee Fund shall be authorized solely by the City Council and controlled and paid in accordance with general City budgetary policies. K. Enforcement. The City Attorney is authorized to abate violations and to enforce the provisions of this Section and all implementing regulatory agreements and resale controls placed on affordable housing units, by civil action, injunctive relief, and/or other proceeding or method permitted by law. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from other remedy or relief to which it otherwise would be entitled under law or equity. A-31 Section 14.16.150 -- Floor area ratios and densities applicable to nonresidential and mixed- use development is hereby amended as follows: A.1. The intensity and density of development in nonresidential and mixed-use areas districts is identified by floor area ratio (FAR) and by the number of units allowed Der 1,000 square feet of lot area. The FAR is the total building square footage (gross floor area) divided by the lot area excluding public streets. Total building square footage excludes parking areas (covered and uncovered), hotels, and nonleasable covered atriums. Floor area for permanent child care facilities in nonresidential structures may be excluded in the FAR, subject to the provisions of Chapter 14.22, Use Permits. 2. See subsection (G), Floor area ratio limit maps and map areas -for A^or afe FAR limits and trip alloe tions fa" allowable FA in nonresidential zoning districts. The maximum allowable FAR is not guaranteed, and shall be determined by the following factors: site constraints, infrastructure capacity, hazardous conditions and design policies. B. Mixed -Use Development. 1. Commercial or Office with Residential. FAR limits apply only to nonresidential development. The number of units allowed on a lot is based on the minimum lot area required per dwelling unit. For example, a 10,000 (ten thousand) square foot lot in the 2/3 MUW District (FAR is 0.7 and density is one thousand (1,000) square feet of lot area Der dwelling unit) could develop with LIT) to the following mixed-use amount, subject to meetin�,2 other zonima standards related to height, parking and desi.an: {Size of Lot IIFAR/Density J Development Potential 10,000 so. ft. 'FAR. 0.7 7,000 sq. 11. commercial (10,000 sa. ft. of lot area x 0.7 FAR - 7,000 so. ft.) and 'Lot area/dwellin2 unit: 1,000 so.^ 10 units ft. �(l 0,000 so. ft. of lot area/1.000 so. ft. 10 units) Fo • „ e d xoa 3,1 a lot ; pr -e, -„tog between the ., ,,t of ee,,,mer- ,.a , :rle t:.,l ale ell ,ont. For .eHcapaple, 16t.u-3X-»-ii-- 'he -I'll /-distt iet(F e��, � R is 0.32 and density one thousand (1,000) squai-e feet of !at ai-ea peF dwelling unit) with a lot ai-ea of ten thousaiid (10,000) oauare feet uld develop with e the f of t>,a foll wing mixed use eptie].IA or an), equivale t oam naqenr: . F n me ;t, of Unito 9ptien-B nnTn,� inn sq. ft ewni.,l ',inn sq.eoi.,l -3 'z1R — 1,600 sq. ft.) 2,000 sEt. rt of lot afea) and nits rc nnn � s„ rt ar�etl Q units (8 units 1 _nnn Lot .,..,,.,r,l,,,,,n:.,,. t I , unit: -1 ,000 SEr-f� aFea 1 ,nnn J�f�5 s — 8,000sq. ft a __•_ ._._ _._.._ lot afe _l A-32 2. Industrial/Office. In East San Rafael and Francisco Blvd. West, to equalize traffic generation, a sliding scale of 0.26--0.38 FAR is applied to construction of new industrial/office structures. For example, the industrial 0.38 FAR allows up to twenty-five percent (25%) office use; a higher percentage of office use requires a lower FAR (see FAR malls below for more consistentwith with the bctwx•al plan anpendiees. 3. r,-..iune.•eialor- O fflee with Residential in DmNsl. "R limits apply enly to naiuesidential dei=elopmepA The „be „r, its allowed on a lot is basedInG nliximum 10. d pef &, fling unit. F,,,- mixed use d, vel:3pnicat, the FAR establishes th mailimum n,,.,,.eside. tia petontial 2.-A the density aUial-,,os41w manimum residdential unit potential,with the total beingdevelopment potential the eembination of the nonfesidential and the residential. For.- ' "X" in the 2/3 Airr W Dist -ie (FAR D is 0.7 .,,,.-1 density i3 anz th , e} zY squat -e (:�eet of !at area per dwelling unit) with a lot afea of ten thousand (10,000) sEltiar-e eould develop with ttp to the b mixed use sul�eet to b ether - b stanch ds .-elating the heig,,t, piarl•ing and 60, gi3: mot I 'X' FAR/Density r,,,, mere., Sq. Ft rn o of Units. 10,000 sq. . 1iAR"- 0-.7(10,0001 f oflotareaV 0.7 Fn7? — 7,000' C. Public and Quasi -Public Use FAR. Public and quasi -public structures have a 1.0 FAR. Except for public and quasi -public structures in residential districts where the 1.0 FAR may not be exceeded, public and quasi -public structures intended for a specific purpose which requires a FAR greater than 1.0 may be built to a higher FAR if the higher FAR is necessary for health or safety purposes, subject to the provisions of Chapter 14.22, Use Permits. D. Transportation Use FAR. Transportation structures as part of a public or quasi -public use have a FAR of 1.0. Transportation structures as part of a commercial use have a FAR of 0.32. E. Water District. The FAR for the water district, consistent with the parks/open space zoning district, is 0.1. Docks, piers and launching ramps are not included in FAR in the water district. F. Commercial and Industrial Redevelopment. Any commercial or industrial building larger than the FAR limit may be redeveloped consistent with Section 14.16.270C(6 -S), Regulations pertaining to a nonconforming structure. G. Floord Area Ratio Limit Standards and Maus. Ra.-ies IF4eefk-roa - - - I �1)istriets Spe^s�r�� Uses �5` u 5-1� � if An5 >15 I motes East San Plilk"speeialt ,,. x .16 .24 i Rmow Othe.. general i 8�1 �9-.l 6 N/A {� area eemmeal 8-.M i3 i9 4LA (�} Offiee East San 0-.226 N�A �Bulklspeeialt Rafaelihib A-33 �East San - Ner-thgate ;SDr HODowntown, CSMU, ?,13 MUE an MU -VT, WEV,5 ^r n in &n W8 lc -.,Io, Rio 9ffi-ee 9:? -6 ll_. 13 .19-ornmemial 0,24 N/A 14 ; 1{l111} E f s I04-0 - FBW Bull speei l retail 8,2 Other- gener-a4 0,21 eenit al 8.2-6 East San lfldttstFial8 3� BURE/S1.3e6ialty retail 0-.? getier- 0,24 eom e" mal West Btrlklopo6 lty retai4 (9:3-- Other general X24 eenmner-eial r rin CC-YQ East San lfid � Rafael/low offiee A-34 _; j lmpe t area eo mmTer-e i all ' 9Offie � 1A I_ I IIAl.,.�,esiaen+;�, e ----- --- iI�-s-- areas Nonresident 0-.3-2i ^ �-6- .24 - tJ:V-1other- .11 .17 NA �East San - Ner-thgate ;SDr HODowntown, CSMU, ?,13 MUE an MU -VT, WEV,5 ^r n in &n W8 lc -.,Io, Rio 9ffi-ee 9:? -6 ll_. 13 .19-ornmemial 0,24 N/A 14 ; 1{l111} E f s I04-0 - FBW Bull speei l retail 8,2 Other- gener-a4 0,21 eenit al 8.2-6 East San lfldttstFial8 3� BURE/S1.3e6ialty retail 0-.? getier- 0,24 eom e" mal West Btrlklopo6 lty retai4 (9:3-- Other general X24 eenmner-eial r rin CC-YQ East San lfid � Rafael/low offiee A-34 _; j ... . .. . ......-� .19--�9 WA — -� - 1(4) � 1A Na A .11 .17 NA (� .13 .19 NA (�} .09 .1..4 N/A 1.15 .33 50 .75 .7 rO4-50 k _.__.......... `I I9pen-spae 0-.01 . ..............-- 10-. - 0-. - 10-." N4, MG East East tars Mzrnc uses 8-3-2 1 .16-.24 �,WA n, Bulk,'s,..e, salty retail 0-3-2 16-.24 N�A mpact area Othe.- - ,e f l 9-.24 .16--.24 NIA `emn'�-eial Mori -areas ?`Tori idea sal 0 - -� j 6 - - - 4 East San industrial 043 1.17 N/A viae' /fin Offiee 0-22 .25 .1' .17 NT A impact -area Bu!Wsp 0-16 13 .19 N/4 Other gefieFal 0.4-g mal 09- 14 NA :kN/—rn "�. Not apTIiC-able 1. For- par -eels in Eas &ax R. fbA, Franc�seo Blvd. West and -rrvAhga , •, paFeel s eifie listing of-RNR3 in. insluded in the appendiees of the genaml plan. 12. For lots in the downtown area, see the r,,...,,,*^..,,, and Environs Floor Ai -ea Ratios and Heigh! r ;.,,;tz nmp in tie -benzal plan for- par -eel limit the following apply in the downtown a. FARs may be transferred from one portion to another of a parcel split by FAR designations if the transfer results in a scale compatible with surrounding development, as permitted in Section 14.16.340, Transfer of density on-site. b. A one-time increase in FAR up to ten percent (10%) of the building or seven hundred fifty (750) square feet, whichever is larger, shall be allowed for expansion of commercial and office structures if consistent with the provisions of this title, consistent with the provisions of Chapter 14.22, Use Permits. A traffic study may be required for a FAR increase for buildings on Fifth or Mission Avenues. n Repealed 3/18/96. 2-3. A higher FAR may be permitted at the intersection of Anderseen Drive, Highway 101 and Francisco Blvd. West, if the proposed development would substantially upgrade the area and include bulk and region -serving specialty retail and/or hotel uses, subject to a use permit (Chapter 22). i-tho planning oonimi3sion finds; a. The faei1;,., ; needed in the eomi:mnit 1, The des;,7., of the p eet ; ., ,t;l,le .,,;t7, o .,ding usnom e. , ; dThe 4ee-a4 n io alVr, ,nate for- this type of tis 34. Mini -storage projects may be permitted up to 1.0 FAR by use permit if the planning commission finds: a. The facility is needed in the community; b. The design of the project is compatible with surrounding uses; c. The project is designed so that it cannot be converted to other, more intensive uses; and, d. The location is appropriate for this type of use. 5. Fef lets immediately east of b 101 in the Monteeito eopamer-eial , the FARs afe as shee=r on-tho mar b-Qlaw: A-35 [Map above deleted] Utustralioa 14.16.159 FLOOR AREA RA -170 (FAR) EXAMPLE 1 - 0.3 FA.Q [Illustration above deleted] Floor Area Rattoz (FAR's) Ll Up to ,32 FAR Up to .ao FAR mup to .70 FAR A-36 e- II -' 11 `� ` [Map above deleted] section 14.16.150 N a i7�j W e © ❑ 9 II -' 11 `� ` [Map above deleted] section 14.16.150 ® e © ❑ a [Insert FAR maps as shown on next three pages.] A-37 aOf � C5c O1 C LL 10 m - ---- r ci ='U N "" An N C � i N ` ` n I T° C CL _C yC o a •p 'A N •p 5 o I 1�� •� � 0 0 o C� (0oil af � waN�o N m m oCCiO� ° Com' A ° � eMS6 w w W i o Z i S/`R7` f,' ;�,,��,-�`•7/ 3 � '�_.� i. _ 0/y �7J // `1� ���:�76 ..1! o(h•�y0�4 _�/l/�Jf'• ; r� �rlrt-�-`�Gr(Q'� ���/ �.�! /-,7.y v.)i� � , � �•�•�•�� r� � /I` u) 1.,.`! \ :�"' ; CCS T�LL''"r ! I AY PLLrUMiTgEE LN Ll P4f?SPEC /�,CI�, �� rqr� l! `` ;-trY' ~�� I -� � 1 `'• s tv,%`OJ\�"� /•.m_--�._� T' ! '{pY i���ilri ] j '�� ���'L / 1•_� _ti I/7���� l "�� LINCOLN ;- OR! — r,) V4 L Ti 3 ` � �y4' % Zf; )O�ONF'7 __•�/��rs..}sra77o��rt� � P. V41 +i7 i T�-- -�� __.rel � t o� - --Lf l�µj �t'� �.��M ,u •' ''_� -z' a. -- t-�'� `m r� L1 L� I I f•-�._� I _.- j� I I._ r .y7 ✓� L 11,T-1 G_L,�Nltl��ltljI �r3'3�i `. ; L' L' �r!C At-f�•;-J_ 4M-333 r i ``_� �-',� r; I i a r �$ �1�,,o� ;: moo'•••. ti ..,F,; a�, _� r-�; �' i-:: OD M Q J r , N tD LCO O t0 -' t—� IQI t�1 N Cl! r7 n] N N N N N v m .� Oa N O V1 N LLL GI v1 O. a y m y O rnCc °b.2 C> t2 O 0 O t0 O lf7 .0 .� O X C ? N a > C Cy O y C y N C U N It-) r• C` y--0 c -0 O M y 'y ` QI N C Ol ,p N CL �E� ci ca 03 o Qeiu¢.. ICD p N (n m O m" It lU M m— c N C 0 in E0 m � w c� in o EU E c� u ° m �'tl m rn n> cmi_c_ v ®1�1l1+���, j®Q E 0 E m m o n o n E o m 0 m an d L A o .0 0 o `° Q o° ®l=1iWy®,Ifb ° O E C � h In N 0 0 `E y C N E � C y U� O_ O. (� ULEEc ULE c ° ° O° m 0 L 100IOO O O m 0 V OE 2'O m aLh N U m�U=U O) n"N C y U ,41 M L 0 V O y NO _ C_ (c 'd nt!°-J mm`° n rn 0 .03°3e 3¢°cr ¢O v� O 9 ° c O. E y y o y" y lL _C LL.2 c `O O OZ OIL 0 O: o o— c m m m o Cl 0 0 0 o m-0 vi LR o- a to U E O ' r N = w c r Z 'moor VO t 1 �YC1 50 1 POOO �% 'POOOP6. ... ... . % 00009,9 7� 1 1 ( f lfol- CY) LEF L- r 'ririu.6w, li.•oir�!•v=.iwruL cu 0 aci o w vi j' v nE N atyCL oo,rnc r - OrT.� I N 'N.. o GI vl T c 0 -��-� • P'I jn m O > Oa N N N O- Ol 7 y T n n O O 41 LL o m t0 W U c M" N C o o=oy ad Eo 'n S N o= m o V C L W V J E L-. c u) . V to O. o. m Q d y O) Eo`O .Cj �a—yiQtn'oovi -ow omo Q�J`t 0 O yL ML_ pLQ• •5 .N O O a•E� 3 -02 0 3 3LL c m LL og c o _ N N e N N_ m N N= O O .0 O 0 0 2.0 c 0{ O O O O O F- W = cL2(L o- IL U E O D �� '---- •-- � ',eft 1M�� 4 0. j`� _ .. luct •u.w d;.. �•e s.na i•� ••iwtu. •.b i.,:.,..n Section 14.16.190 -- Height bonus is hereby amended as follows: A. Downtown I-Ieight Bonuses. A height bonus may be granted by a use permit approved by the !!planning Ceommission in the following downtown zoning districts. No more than one height bonus may be granted for a proiect.: 1. In the Fourth Street retail core, a twelve -foot (12') height bonus for any of the following: a. Affordable housing, consistent with Section 14.16.030 (Affordable Housing) �RLMW-al ,1n-:1;akey 144; b. Public courtyards, plazas and/or passageways, with the recommendation of the Ddesign Rreview Bboard that the public improvements are consistent with downtown design guidelines; c. Public parking, providing it is not facing Fourth Street and it is consistent with the downtown design guidelines. 2. In the Lindaro district, on lots south of Second Street and fronting Lindaro Street, a twenty -four -foot (24') height bonus for any of the following: a. Park area adjacent to Mahon Creek, accessible to the public and maintained by the property owner; b. Community facility, ten thousand (10,000) square feet or more in size. The facility must be available to the public for cultural and community events, and maintained and operated by the property owner. 3. In the Second/Third mixed use east district, a twelve -foot (12') height bonus for any of the following: a. Affordable housing, consistent with Section 14.16.030 (Affordable housing) ?a), plc. ply H --S; b. Public parking, providing it is consistent with the downtown design guidelines; c. Skywalks over Second or Third Streets, with the approval of the traffic engineer, and the recommendation of the Ddesign &review Bboard; d. Mid -block passageways between Fourth Street and parking lots on Third Street, with the recommendation of the Ddesign &review Bboard that the design is attractive and safe. 4. In the West End Village, a six-foot (6') height bonus for any of the following: a. Affordable housing, consistent with Section 14.16.030 (Affordable housing eerier^' plan pelf-ey 14-5; b. Public parking, providing it is consistent with the downtown design guidelines; c. Public passageways, with the recommendation of the Ddesign Rreview Bboard that the public passageway serves an important public purpose and is attractive and safe. 5. In the Second/Third mixed use west district, on lots located on the north side of Third Street and east of C Street, an eighteen fee446ot 0 8') height bonus for the following: a. Public parking, providing it is consistent with the downtown design guidelines. B. Lincoln Avenue 14ousi+gHeight-Bonus. A twelve -foot 02') f r't, eight r '�-height limA bonus may be granted for affordable housing on Lincoln Avenue between Mission Avenue and Hammondale Ct., on lots greater than 150 feet in width and 20.000 square feet in size, ,.e, n ,aevel ,, mei+ta cxi Unaa'�enue, consistent with Section 14.16.0390, (Affordable housina)Density benus. C. Marin Square Height Bonus. A twenty-foUr foot (24') height bonus may be Qranted for affordable housing at the Marin Square and Gary_ Place t)rouerties, consistent with Section 14.16.030 (Affordable housing). D. North San Rafael Town Center Height Bonus. A twenty-four foot (24') height bonus may be wanted for affordable housing in the North San Rafael Town Center, consistent with Section 14.16.030 (Affordable housing). E. Hotel Height Bonus. A height bonus of twelve feet (l 2') may be granted for a hotel urovided the Planning Commission finds that the hotel will be a significant community benefit and the design is consistent with Design Review Board recommendations. 41 Section 14.17.100 -- Residential Uses in Commercial Districts is hereby amended as follows: B. Applicability. Performance standards for residential uses in commercial districts shall apply in the 4SRC, HO, 2/3 MUE and MUW, CSMU, WEV, 5/1\4 R/O, NC, C/O, and R/O Districts. Performance standards shall be applied through an administrative use permit in the 4SRC, HO, 2/3 MUE and MUW, CSMU, WEV, 5/M R/O, C/O and R/O districts, or a use permit in the NCS LMU and M districts. 9. Live/Work Quarters. The purpose of live/work quarters is to allow residential use in a �tigi+lw��:c►i diatrirm* . ith the ntent of p`nrxtting people to live in a 7rorh envircnmi%atbona fide commercial or industrial area such that the live/work use will not conflict with nor inhibit industrial or commercial uses in the area. Live/work quarters are subject to the following requirements: a. Residents of live/work quarters are required to acknowledge, as part of their lease agreement, the commercial nature of the surrounding area. b. The FAR standards for the district shall establish the permitted intensity for the working space of the live/work unit. C. The parking requirement shall be based on the number of spaces required for the nonresidential square footage, or as determined by parking study. d. A114k4nb axaa till;", be suitable f ide tial puToses as detef,, rood by the building 4spee4erNo more than 49 percent of the live -work space shall be reserved for living spaces. All other floor area other than that reserved .for living space shall be reserved and regularly used for workino- space. e. At least one (1) of the residents of a live/work quarters shall be required to have a city business license. Un to two persons who do not reside in the live/work unit may work in the units unless this employment is prohibited or limited by Use Permit. f. The site is free of hazardous materials, as determined by the F€ire Ddepartment. g_. Access to each live/work unit shall be provided from shop fronts, directly from the street from common access areas, corridors or halls, and the access to each unit shall be clearly separate from other live/work units or other uses within the structure. h. A building: with live -work units shall be desiarned to ensure that each live/work unit will function predominantly as workspaces with incidental residential accommodations meetiniz basic habitabilitv requirements in compliance with applicable regulations. i. In the downtown mixed-use zoning districts, living space shall be located in the rear ground level or second floor and above so that it does not interrupt the appearance of the commercial frontage. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). 42 Section 14.22.020 -- Authority is hereby amended as follows: A. The Zzoning Aadministrator and l--)zrninb iss. hall approve, conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as CZ use permits. The Planning Commission shall approve, conditionally approve or deny applications for conditional use permits identi Flied in the Land Use Tables as C use pen -nits.: B. The zoning administratei- may heat- and decide the fellemA,ing types oftise peFfnit applieations.: 4-. n dnwnis that d„ not alter the bas ftinetions Otho approved use; c e r e l;ties -3- Aninxil4-r- Nuto 1 b; b, -5- Business, ir-a4'-� 1�_4 ..tom „dl oeal;.,,,.,1 eh els; Cabinet shy,,,• shop; 8—. SF's fesidencc Ger-amie shop-, Cheek Lxx-,II�ing 3ffiees; 11. Coffee roasters-, 4-2-.- r,�r-ate'" shops el„to n\1'%n^ aetivities, , el,.ding , el4 omall marry repoir, and ximine-ex 41-3-.- Fentraeter's , rds (sereened). , 44— Convenienee Fleets; 4-3— (''.,t (F;Ft,. (50) t) e 41 ,d (1,000) ,mrds persitepe r jeL,r,. �L'r�nlr „l is h _ ,b ., d„ in .,neeFd.,ne ., ith an apra ed ,d legally e (feet: e tentative and/or- final subdiviaian map, and a legally e ff etiye building pannit-}; 4-6 , ,}-7—. ll,• cuu� eln with site_pr-ee_,ss; . ,b establishments l b 4S-- Fill (fifI , (cm tawe tho;aoand (2,000) e hie , ar-ds per- site p )_(E,.r,/.`1pt-iens: �x-.�hefe suoh fill �z being done ; aeeoManee with an app;,ed and legally eff-eetive tentative ager -final aubd-ivision map, and a legally „rte ,.tive building nemiL1T 4--9- Fee esUbliohm. t one thousand (1,000) 00) s -. F-1. „r less ; size n ;,,d.,r�_al Ali str-ni l al ai l in-....... a4- Rrrnitur--+e4-+nWhing afrepai 22-- Hardware st . 21- HaFd,,,are sores in ,her Orlin and rip d;„ kiets. , ?4— , in the F-r-aneisse B.,,,1eya-.1 West a .,1 (T,'RWG) dist,-iet. 14iesl 26— r .,h .,t, . 2-7—. r ;quef stores less than two ln.lndfed rot (200') 17= a ras de„t;.,l dist,-iet or r,.,,,,, , sehoel; ; 38- Minor repTiro, no v'i-yehiel 34—. AR tv• -hiele sales, with five (C\ f=•_ -- new - m. used „teO ON O11JI L't \_ � - t.,•, 11.u3ic V, -nm; " b '14.16.270(D)(4);T 34—. Outdoor- b ; 3-5— "Pa fl. and ride"r.-racm'i cr , 43 23f- viral or muniaipal; Printing l}op&, 34, T -em ,.. i-ar-y uses in the Din a;StFiet; 49— T;, )ite s (unless speeifieally exempted by c plarnirg-eamnnimi^^ „t the t;,, o „� 44— nnunagwneti�4) prcgram.-s-,- 42-: Videe—salesk-ei #als, taxa thO distFist; 43— W., ehe o st,• etl. for -F storage ..Fbeats, t,a to and fishing gear, C,The planning murikeon did! act an a I oVicr ef use pemit applicatkinn. (021. 159.1 1 (1~ •1 A) ! , •t\ 1996; Ord.1662 R 1 (pai4) 1004. (l,•,1 1675 R 1 (, aA) 19W 44 Chapter 14.26 -- TRIP PERMITS is hereby deleted. �n nxiny arta 'b the -gener-al. 117. ThN' e "11., at;., afe eensistent with t, al general plan land uses and loon area atie 1;,,,;t3. Trip all,,c tions „ of be exeeeded exeept, „le,• limited „stanc— ;tt, a trip permit irr traxsf ,•s or- b, nus (Tips. Trip transfers OF banttsts may emir, subjeet to plaiming-exim.s o✓max aye: ml, t1„•.,,,,.bh tr-ansf of tfips among pr-epei4ies held ; eommon awnecohip „r through allocation of- p p xmit_ we -- gr•mt of spe:,al pri'ilage and shall only bo gmted ; speeial , „stances when speeified .•;ter -i a are e+ i-timml pu+rpases of eaeh type „ft,.;.,.,_ „;t follow, A. Trip Tr-misforc. Trip ?ansfei-s may he permitted ,,,,1,, in limited eireumstaneeswh ro land uoa ix to -mmy be B. Benus o. Trr de a means for- .pleat;,, and ,1,,,.,,,,,e„4atief e fbon„s_„_,,,_ pouk hour t""'s ; . luded in the general plan. A general , established to cape.+ any uritis-tripo allosated to a preperty aft3y appy ^1 of13re Bets .4ieh o eensideredto f,ll . andaeaburfer-;,the b coa,ric shall be us , guarantee ei�y's 4--ansper-ta4mion system to opera+;,,b ,, . ,ditions (Ord 1625 c 1 („a,.t) 1 ee24 , drip Tranolcers. Thc planning dhrec4or chall reeommend to the ,.lannin,, ...ammim�1, „1 r denial l o f trip ;t s tr s f ,- trips among p Th e�fl}tia�zl ala�rv: - .,�.t «ea: �z�e plargling hearingeenm:nissien shall hold publie trip Nlks ter - B. Bemis er-B-Bemis Tfipo. Tho p!annmi ,b diraater shall .- ,.l to the planning ^ ssionall.,e tier „F be*u-s-tripo. The plaffiliflg63inntiamr. z1m 11 apprave, ndit;,,nallyappreve or -den), t! ige„atien of benus trips nor a opa -vifie de e(s) of pr-epe -t„ G. Trip Catcgoriw. Tho city council rx-ny inudi4y-er-4w.dcu aenuo tPip xzcn-'i:: catuSOX• S- (Ord 1625 R 1 (pa. -t) 1992) A. T. ip Tranofers. A, ,1; at;,, s f r trip pa-mi`s to t,. sf t. ^/3nS rAcpsi4ies held in. omimuon hip dlall be initiated b y submitting, the fool Y K&S ixf ,-.,,.,t;.,,, to the .,1;,,rt department! eempleted „l; retie fD.1m) LK&xadby the ,•t, ,-(s) or_a„tho�;-�,I_g-vii t, aecomr/aniad by Oie fequired fee, and any other inf4mation presefibed by the planni., di. This i4eFnu4j--,n ohall include but ; of limited to, the fell l. Assesser's-par-e---! nur\-'ae,•s and leeati .,1 , all affeeted , els 27 ref -e -f land w.mefshtp-(all paroals involved , st be , nd cone -non p); 3. Efioting and praposed land uses on oaoh p am-ze1 involved i the t,.a„sr. ,.• .1 1„ at; nb,r., .,b ra; .r the pr-opesed4and-usw w may be pi-eseribed by-tho r)lannirb ll ordef to assess traffie impaets of proposed uses and adequae), ef trip alloea4iens to support sueh uses; c Deseriptieii „rang deyel.,.,meflt „laps, ;neludinb phacing plans ;fa,,,, For the ,,,•opet4ies involved, B. Be _ Trips. Applri eat; _-' f r t ,• „ peF ;tc_shall be initiated ✓f ubin tt;, g the f llo ,g „1;,,-.,,ation to the planning od appli fbxvn� signed by the pi:epeAy owner Lr authorize age .t� aowmpn :icd''ay the 7squir2d, filing foo mnd any other rfanr:Aar, 45 pr-ekr-ibedby-tic plznning di -mater, This infaf 'ration sh shall include, but i is limited to, the follov,-isg isf4mation. 1 n description eontaining ther-easert „h , the trip alle „tie st ; edea the flUffib ^f trips edea the proposed ateg ^f'�nuo tr4po and he/ requested boo" s trip allocation; 2—.'1 p/m. peak h,,,,,- tf ff,e anal ..:ia a,, opee; fed h„ the city traffic engineer, in,.d 1 625 .c 1 (.,.,.,t), 1002 Bontis t..ip ,._ e listed in the . ,..,1 plan and are f,,-ma!1., adopted he, -e;,, n gen . ,1 established to ,-e3laim unuSed trips -:%r pmpar-ties which a eensider-ed to be A.I1„ developed. Be s trips ma5, ,1„ be ed for- speeim.6o purps3ses as described in the ,oral (n, -d 1 675 x 1 (part)1 ao22) A. Trp Tnancf rs The eit„ e eil ohall nla'-e the following findings ; order- to .i—ant a trip per nit to ,,.,,,,,4, tripe among ��pa-ties held ; eenifflOn .Tsloiclip: l zo whioh trig hava been allocated e e held ,,det. eommon ,-shin• 2-.q+a-Ffa iml asts-t-he mmo intom8etien and ro dw ?. Total trip for all paree]3 &hall nat exeeed the total alloe„tier• n Such t, sfe, „ftrips woEild not , It , sigiiifieant .,d, "mvi�lnm;ntaimpacts on ,h city's ulation ,stem; „,d 5. The „ el f.e.,, whieh tripz have been tr ns f f fed , „ld e .,roue to have sufficient tfins fe varied ,ses eonsistent with the zoning d t'c land ,-eg,.l„t;ens B. uenus Tfi„o. Tho pl& nin�—,00mrniooion oNall maho the f llowin„ fi dkigs ; ,.de,. to gr.,,,t_, 1. Tr -a, e laved -a; seRiee standa dz catablished 1,,, the genal plan Mall nat he exceeded F beth local st,-vets and/orcritical ;.,te,-el,cnges• ?. T sod =zc of h s trips is eonsistentwiih the specific „utuoarx as dk%% •ham genaral plan; and-, • Th granting, ., of the nttmber- of p.t-n. poal: hatir t. S to the subject ,rope, -t), i 11 of per -sons residing or -working 41 the neighbofheed and will not, ander- the eir-eumstanees of the pat4ieulaf aso, ho >sat Fits in the neighborhood or to the genefal welfar-e of the city. (Or -d. 1625 § 1 (pait). 1 Cly 14.26.060 Alodff�,ing or- abandoning r-eserwe trip categories. erica vyhen a r-esefve has no f ---seeable use or -when a r-ese . e has leen depleted n genxal plan amendment shall be r -ed , d•r,. abandon e tri„ „tart,, n the , era plan.(Ord 1625 § 1 Ipaf tet....,.. �....,.,...�� .,. .,..,»__....,...-.,__ . - ---r -----a------ --- ---- o-"_"-- . \ ..6.070 Appr-oval tr, rim with the proje£G A All h e t.- ps allocated to a qualifying de'rele , ;t shall run T. appFeved. in the event ti.e development is not eonstrtteted, OF tile time limit imposed by -the plan min --s-- . e trips shall he ,-etu feed to the original trip r-eserve. lir. A-tnp p✓omi' to allocate h - ----- - t -f - r- shall he valid „t , ith the time limit F i or planning neeessat-5, to implement the development. (Ord 1675 .Q 1 (pait) 1992). 46 Any requests for om)zo. r. 0f " trippermit t., .,ll., .,to e trip shall he filed „-cent with. miD: - t appli,..,tions F ,- e planning G-,A Z„n;,,., entitlements neeessar-y to imp the deyel.,,,.,,e„+ (n..,a 1675 .c 4 (na,.r) 1992)_ 1426 en nlsfeetk, n rl -Tltn� of trip tr�a�st�>�-;�,.e,.as �ftte- Trip ttunof r shall be ., e,a .,t +h, t;n,e ., f app n al „a'any development „t;tle,,,ent dependentupen el, tTans&T Aipp,,,-/,-al pr-ef-el-too Shall bac der-ed final (n,.,l 625,: (pxt), 199-02 47 The Zoning Map is hereby amended to rezone the following lots: I n� Bahia Vista School (AP# 00902206) School site with P/QP land use Current Zoning — PQP Amended Zoning - MR3 70km:s�'- Davidson Middle School Annex (AP# 01311101, 01311102) School site with P/QP land use Current Zoning — HR1.5 Amended Zoning — R5 48 Glenwood School (AP# 18502002, 18502004) School site with P/QP land use Current Zoning — PQP Amended Zoning — R7.5 Vallecito School (AP#17506002) School site with P/QP land use Current Zoning - PQP Amended Zoning — R5 Sun Valley School (AP# 17724012, 01005233) School site with P/QP land use Current Zoning — PQP Amended Zoning — R5 Loch Lomond Marina (AP # 01607003, 01607004, 1607005) Current Zoning — NC Amended Zoning — PD -WO 49 Davidson Middle School (AP# 01307144, 01310209) Additional Davidson Middle School lots to be rezoned. Current Zoning — PQP Amended Zoning — R5 Marin Islands (AP # 00914102, 00914120, 00914121) Current Zoning — HRR Amended Zoning — POS � I �' M ro � L Y, FOUkTk I R7°2 Marin Academy (AP # 01119503) Bernard Hoffman Field (AP #17805104) Current Zoning — 5/MR/O Current Zoning — PD Amended Zoning - PQP Amended Zoning - POS 'rt5 14 r RID -• C3..r _ 7 S cR2y LINDE R7.5 MRS myG� OR . • r r lA20 • f S�� Marin Ballet (AP #01510102) Current Zoning — R10 Amended Zoning — PQP 50 Francisco Blvd. West (AP #01304144, 01304148, 01304149,01304154) Current Zoning — PQP Amended Zoning - GC Lindaro Mixed Use District MedwayNivian Area Lots to be rezoned to Neighborhood Commercial. AP#s AP#s 01307111 01306149 01307212 00809119 01307207 01303125 01307208 01420206 01303124 01303107 01307220 00809110 01307140 01306103 01307219 00809108 01307139 01307222 01306150 00809109 01307211 01306104 01306102 00809113 01307224 01307221 01307223 00809112 01307114 01307110 01303147 00809111 01306105 01307218 01307216 00809114 01311212 01307217 01307213 01303106 01307107 01307210 01307112 01307215 01307113 01307214 Current Zoning — I Current Zoning CCl/O Amended Zoning - LMU Amended Zoning - NC 51 Golden Gate Transit Bus Yard (AP # 01814274, 01814271,01818053) (and parcels 018-142-57 and 018-142-78) Current Zoning — PQP, GC Amended Zoning — LI/O 52 10 J h1 HR1 a P/OP 208-268 Woodland Avenue 01310201 01310208 01310202 01311104 01310205 01311105 01310206 01311106 01310207 01311108 Current Zoning — HR1.8 Amended Zoning — MR2 01311109 01311110 01311111 01311112 Brookdale Avenue Area Current Zoning — DR Amended Zoning — HR1 AP#s 01107401 01109302 01109308 01107402 01109303 01109309 01107403 01109304 01109310 01107404 01109305 01109311 01107405 01109306 01109312 01109301 01109307 53 Rezone lots zoned "Marine Commercial" to "Marine". ' I J F 4➢� C! l , 316 and 328 Clorinda Current Zoning — R20 -H Amended Zoning — POS Errata: These parcels were dedicated as open space when the subdivision was approved. AP#s 01231002 01231003 54 Section 14.06.010 Specific purposes is hereby amended as follows: A. ... [no changes] J. Lindaro Mixed -Use District (LMU). The Lindaro Mixed -Use District provides sites for a mix of industrial and li--ht industrial uses. To facilitate the transition of this district to a more compatible use with the adiacent school, to encourage the development of a more attractive entrvwav to the ncivhborhoods to the south, and to help meet the housing needs of artists and other professionals who want to combine their work and residence. allow live/work uses in addition to the existing industrial and light industrial uses. Table 14.06.020: Land use regulations (I, LI/O, CCI/O, LM U) [partial listing] is hereby amended as follow: Types of Land Use Industrial Uses _ !Boat building and repair Industry, general lAsphalt mix plants ;Assembly plants Biotechnology firms - Cabinet shops i I t LI/O CCI/O LMU ilAdditional Use Regulations [1 - __.J___ -I �L-- - a _ -- -� �-C _ - A-JIL .._.II P P PP* *Permitted by richt unless within 300 feet of a residential district, in which j case it is "CZ-.," subiect to a use permit. iC C C �C i P* P* r P* _ f P* I *Same as above.'kD�'�ri*+^d �,, r:,rl,t i a en: Candlemaking shop P* Ceramic shop iP Fhemical manufacture or C ocessing 'Clothing manufacturing IP ;Concrete mix plants C Contractor's yards (screened) IP :Dry cleaning plants :Electronics industry , C Food manufacture or processing P* I I unless within 100 Fat of ., residefi4i ,1 dist,-iet in whieh ease it4s "Q,» 1jeet to ., „it I � ou I jP* P* P* I*Same as above. 1P* IP* 1P* I*Same as above. P P IP I I I ICZ _1ICZ ICZ IP___JIP P* IC ._.-..JI... fQ P* Ip* P* Fuel yards A-10 *Same as above. *Permitted by i-ig,t unless within . nn ease iri-s , out�ve -- - ,-- (Types of Land Use II ILIO CCI/O IF JlAdditional Use Regulations (Furniture manufacturing IP* IP* i P*-___IIP* as above. (Furniture refinishing or repair ;IP* IP* IIP* _. _]I*Same jLP*_I*Same as above. �^ IILaboratories ICZ IC�ICZ �LZ I 'Machine shops IP* IIP* I*Same as above. Metal fabrication, forging or C C C ..IIP* welding shops shops--- IPackaging plants P* Ip* !Ip*IIP* I*Same as above. I Pharmaceutical manufacturing Ic IC IC 11C (I I (Planing mills IC I I -IIQ iL __.__ _.___ (Printing shops P IP p ...-__...J p I Research and development C k facilities and developmentCCI :11C (Research industry k IIC (Research and development I 'IP (IPservicesi 11 Rock, sand or gravel plants C G (crushing, screening and ! k stockpiling) f IMini-storage IP - !IP ii�- -- Ip Moving companies ....Ip _ _ _._11C Storage, warehousing and1p IIP-._....-..._. See Outdoor storage. PII 1 distribution ITrucking yards and terminals - .iP . .... _ - lWaste Management I I I Hazardous waste transfer, storage, treatment and recycling C See hazardous waste management plan standards. Resource recovery and C j recycling I Solid waste management �CjlSee Chapter 10.72 (collection, disposal)L—J— Transfer stations C_......._.. .........P_...._..........__..__ I _------_ Ii and distribution iP L IIpIWholesale (Offices and Related Uses services and f (Financial institutions p : - - - *If leeating within ., space with pfief (Banks i*dttst+inl uca, a use pe " it ; -ed A-11 ,Types of Land Use II ILI/O i !Check -cashing offices -- ICZ ':Foreign currency exchange IP* and/or delivery services J — l1Savings and loan institutions T _ IC _ IPA Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) IClinics IC ILaboratories C IC (Offices, medical C* 11c ,Offices, general C* C** (Commercial Uses (CCI/O 1L1VIU Additional Use Regulations te review tr fie intensifieation. - J1 C_----_iL -- _--- -- f 11C 11C 11C 1. JIC _ JIC* 1*5,000 sq. ft. or less. C ��C* *5,000 sq. ft. or less. **See Section 14.16.150(B)(2) Animal care facilities (with or CZ I CZ CZ CZ* *without exterior kennels, pens or runs without exterior kennels, pens ! (see MuniciUal Code 10.24) or runs) Building materials and supplies :I I Brick, gravel, rock, concrete, P*AL* P*A�i P* P* ' *See Outdoor storage. lumber, file sales [delete **] [delete **] **] �-*TF1.,.. ,+;,, ,,.;+t,;,, , ;+t, ,. b n„nn�., „ ,-,.. J[delete ffidusstfial use, ape....r+c-'.s . e""c uir—ed to Electrical supply stores 1P *m*- P*41- c.w tfa f e intens;f eats ,., Pelet/ e ** P 1 elete -- Equipment rental business 1P*41 'P*� P*� ** ' [delete **] [delete **] [delete **]IP* 11 Glass and window stores ]P*4t P*/� P*p* ([delete P* [delete **] [delete **] Hardware stores r[d7 P*, P*/ P* elete ] [delete delete 1Paint stores P*P�_*_ P* P* [delete**] [delete **jP*m delete ** Plumbing supply stores (and P*{t P*�* P* 'k* P* ancillary service) [delete**] [delete **] [delete**] Business sales and service ,•_._ _.___. __. ---- _---- -i Blueprint and photocopy shops P*x` P4.*. 1P I P I [delete **] [delete **] [delete **] l Locksmith shop _ -- - 1P P lIP 1 P1 shops Printings _-_ P ..... P P 11P P. A-12 'Types of Land Use I ILI/O CCI/O LMU IlAdditional Use Regulations 'Card rooms IC ISee Chapter 10.36. (Coffee roasters QIP --IP Food and beverage € I establishments I Brew pubs C C. _ I C.._____---__- Cocktail es loung �C �II Fast food restaurants C C ........... -- - --- -- - - - Food service establishment, C high volume jl- ��_.._.._AC Food service establishment (with or without incidental service of beer or wine) and without a cocktail lounge, live entertainment, or dancing �(1) 1,000 sq. ft. or less in size ICZ CZ ,ICZ IIGZ II 2 eMore than 1,000 sq. ft. in �si it ]CI G ! �� J Food service establishment, ` C 1 with a cocktail lounge, live entertainment and/or dancing ^ Outdoor eating areas A A A For outdoor eating areas on private property see Section 14.17.110 standards. For outdoor seating areas located on city sidewalks or rights-of- way, see Section 14.16.277 standards. Food and beverage stores Bakeries (with ancillary food service 1,000 sq. ft. or less in size) 4 I(1) Retail ` P C P-_ - (2) Wholesale 1IP P P P Maintenance and repair services I'I Appliance repair JP* IP* IP* QIP* I*See Outdoor storage. Building maintenance services IP* IP* P* P* ;Furniture upholstery jP* IP* P* P* J General contractors - ';IP* IP* IP*_ Motor vehicle sales and service including automobiles, motorcycles, trailers, trucks and A-13 Types of Land Use Irecreational vehicles JAuto detailing ,C oin-op washing Gasoline stations (including mini -markets, and minor repair, such as tune-ups, brakes, batteries, tires and mufflers) Rentals Repairs, major (engine work, painting, body work) Repairs, minor (tune-ups, brakes, batteries, tires, mufflers, upholstery) (Sales, new or used vehicles Sales, parts and supplies Towing businesses JWrecking yards Music rehearsal/recording studios JOutdoor storage JPersonal service establishments Artistic and photographic studios, without sale of equipment or supplies Barber shops/beauty salons ILI/O CCI/O LMU Additional Use Regulations 11 _ _J II ESI IP ICZ ICZI`' IC IC IC !I._ I C C C IPP .----.___IIP.— -QIP-- . ;IA ]A___]A - JCZ A A FA CZ See Chapter 14.16 regulations. For repair, see Chapter 14.17 standards. See Chapter 14.17 standards. See Chapter 14.17 standards. I C/CZ* IC/CZ* C/CZ* C/CZ* I*For sales of five or fewer cars. P: p -t p±_ p '*If t,,,..,ting ,,,;thin a apase with p -ie [delete *] F [delete *] [delete *] i-ndu3trlal u3a, " use pefmit is IC IC 1 See Chapter 10.84 See Chapter 10.52 ICZ ICZ CZ ICz V I- P I i IP IP P I Dry cleaning establishments P P P P with or without on-site processing facilities —I — Retail I Drug stores and pharmacies IC�`II Florist IC__]l Specialty retail, region -serving Public and Quasi -Public Uses iI J� II j Clubs and lodges, including ]IC youth groups J _ IC II^. L . _..... ........ _ Public facilities II III .. II II I A-14 (Types of Land Use ;II LI/O�LCCI/O JLMU Additional Use Regulations j jAdministrative offices IIC*IIP IPP*5,000 sq. ft. or less. (Day services center IC 1IC 1IC Job center !IC 1IC C �I 'I Public and utility facilities ' C s C C C (corporation, ' Imaintenance or storage yards, utility distribution facilities, ( R j etc.) ` 1. Public facilities, other (police, 'P P P P_ fire, paramedics, post office, etc •) I ;Public parks, playgrounds and C recreation facilities I I I— Religious institutionsC �IC J C f ;Schools 'Parochial, private Public Business trade, performing arts, CZ CZ CZ CZ vocational Residential, Day Care and Visitor Accommodation Uses Live/Work Ouarters IlSee Section 14.17.10009) (Live/Work Ouarters). residence CZ --CZ �CZ ___]I �._(Caretaker's - �Day care centers CZ ICZ CZ CZ I Emergency shelters for the homeless jPermanent C C IC C jl (Rotating or temporary C C �C lKI JT Hotels or motels ...--.IC IC --- Transportation facilities (Bus stations IC IC IC II j ;Heliport C _ ....... ..... .._............. _... _ - - _ -- -- - "Park and ride" facilities ICZ ICZ ICZ�JI Parking facilities, commercial CZ CZ CZ or public Taxi stations IC C IC JLI� _......_....-........... _ _...._ _. �j See Chapter .10.60 A-15 Types of Land Use ill 1 LI/O CCI/O �LMU Additional Use Regulations _.__. Transit stations or transitways (C _ �IC _-_ -� C-- �I --_� Temporary Uses— Temporary uses______ — 11A _ ![A __JA _ 116_ _IlSee Chapter 14.17 standards. Accessory Structures and Uses Accessory structures and uses I P ! P P P_ See Chapter 14.16 customarily incidental and i regulations. contained on the same site A-16 Table 14.06.030 -- Property development standards (I, LI/O, CCI/O, LMU) is hereby amended as follows: Minimum lot area (sq. ft.) Minimum lot width (ft.) ,Minimum yards: (Front (ft.) (Side (ft.) (Rear (ft.) Maximum height of structure (ft.) �I 16,000 160 1 INR INR NR 136 (Maximum lot coverage INR Minimum landscaping (10% LIFO LMU Additional_.____.]CCl/O_ (Standards 6,000 .16,000 .i 116,000 {60 _ 160.. - - - 160. 120 INR llNR I(A) 110 or 20/0 -- NR -- NR - (A), -LB) 110 INR INR (A),(B) II36 136 1I36 ( (C) INR I'NR INR 20% 10% 100/o (D), (E), (F), I(G), (H), (I) (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10'). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6') wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) Buildings existing or approved as of January 1,1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories. (D) In the LI/O and CCl/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for develoUment facing Lindaro Street, and; in the I district, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Unklaro Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10') of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam A-, t Boulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions. (I) In the LI/O district, a minimum twenty feet (20') of the front setback must be landscaped. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). A-17 Section 14.07.030 -- Property development regulations is hereby amended as follows: A.... [no changes] E. Trip Allozations. in traffie sensitive areas of the eity (see Seetion 14.16.160, Speeifie afeas ratio 1; its and trip.,11., .,t;onz map), praposed development shall be limited by trips llee ted to thy, subject pi-epert„, as thy, genet-a!plan. per -1.,,, See See ion 11.16.320, }P u i �o un allee-ations,-and Chaptef 14.26, Trip no,.m ts, for- adional infer Section 14.08.010 -- Specific purposes is hereby amended as follows: In addition to the general purposes listed in Section 14.01.030, the specific purposes of the marine district (M) include the following: A. To promote the canal as a navigable waterway and viable boating/maritime district; B. To preserve limited canal -front sites for water -frontage -dependent uses in order to maintain the canal as a viable maritime/boating district; C. To provide site opportunities for marine -related businesses which may benefit from proximity to water -frontage -dependent businesses and contribute to the maritime character of the district; D. To provide site opportunities for canal -front parks and marine -related recreation; E. To allow residential and non -marine related office uses on the second floor or above of a mixed-use uroicetpr-ateet the m e dist,-i ts fr3m thi cnsreaeh,,e t ,.f,,ew ,. sidential uses ai „a ether uses ,.hieh afe not marine , F. To promote building design sensitive to waterfront locations; G. To promote public access along the waterfront. ccviii hi addition to the , naval puFrpa3as listed iii Section 14.01n3n, and-,,�.1 tha m,rin oses listed above the k7ri6�Ytl=ri�rrrr'rnzmer�.ial istricc�ir�C) inaude the folio H. To allow site opportunities for shopping retail, hotels and restaurants which promote public access to the canal. (Ord. 1625 § 1 (part), 1992). (Ord. 1625 § 1 (part), 1992). Table 14.08.020: Land use regulations (M) [partial listing] is hereby amended as follows: Type of Land Use IM IM -G (Additional Use Regulations Marine Uses I I I Boat building and repair IC Ic II Boat sales and rentals IP ICharter boat businesses 1P g lI Clubs and lodges, including youth groups, with C O a marine focus or purpose (boating, fishing, study of marine biology, etc.) Contractor's shops related to marine activities, I CZ GZ including welding, small machinery repair and marine engine repair Equipment rentals related to boating, fishing, etc. 3 Fish and bait sales, retail A-18 Type of Land Use - _jLM ^jAdditional Use Regulations Indoors fP uT ff Outdoors _.- ......... _.. _ Fishing enterprises, commercial and/or C recreational, including support facilities (hoist, ice plant, storage, packing and sales area and related offices) .._._._. _._. IrFishmg supply stores, including bait and stores P 1? ._. _ f.. ?Fuel yards strictly for boats ICI Marinas, including boat slips, offices (sales, C management, etc.), harbor, clubhouse, marine - related retail and support services (restrooms, showers, laundry, caretaker's residence, pump - outs, etc.) j Marine electronics: sales, manufacturing, C C assembly, testing or repairs (including electrical, electromechanical or electronic equipment, or systems related to harbor or marine activities) Marine industry sales, including boat P E machinery, parts and incidental hardware __ --- Marine supply stores— fa Marine testing laboratories, research and = CC Idevelopment facilities mm Museum, marine -related IC C Offices, business support for marine industry, P P including security — I Parks with marine recreational features or concessions Schools, sailing, boating, etc. Storage, boat (wet or dry) P lz Warehousing, strictly for storage of boats, boat trailers and fishing gear ;Yacht clubs �� C Commercial l_ - w Inn_ _ . _.._. J IFood and beverage service establishments Cocktail lounges IC IC- 11 Food service establishments (with or without j incidental serving of beer or wine) and without a cocktail lounge, live entertainment and/or dancing- --- -`-------- - - - -._._..... ..... -._..... ...... ... _....... .....__ A-19 (Type of Land Use JIM IMC2 IlAdditional Use Regulations (1) 1,000 sq. ft. or less in size��C I(2) More than 1,000 sq. ft. in size -(IC IE 1 Food service establishments with a cocktailC G ' lounge, live entertainment and/or dancing �I�. Outdoor eating areas A A For outdoor eating areas on private property see Section 14.17. 110 standards. For outdoor seating areas located on city sidewalks or rights-of-way, see Section 14.16.277 standards. IRetail and Office Uses --- Retail and administrative, business and P/C/A..4` professional office uses listed as permitted or subiect to use permit in General Commercial riictrirt general e,,,,,mer-eial distr- et o e ,ittcd in 3happin eentei-s) Public and Quasi -Public Uses *See General Commercial district for permitted and conditional retail and office uses. Non -marine related office use allowed on second floor or above in a mixed-use building. Public utility facilities 11C IE lI Residential and Visitor Accommodation on the second floor or Uses (I I(Allowed above in a mixed-use proiect. Multifamily residential IIP .. ..... .E . lEmergency shelters for the homeless IPennanent IC I ... (Temporary sIC---- I Home Occupations P ��See 14.16.220 (Home _ � Occupations) Live/Work Quarters A See 14.17.10009 (Live/Work Quarters regulations) Residential care facilities for the I lI handicapped f Small (0-6 residents) ILarge (7 or more residents) ilp I 11 Residential care facilities, other II - =I ISmall (0-6 residents) _ _ _ IIP I_ .. lI A-20 IIType of Land Use mm ILai;�e (7 of more residents) Roominiz or boarding houses IM FMG Additional Use Regulations C See 1.4.17.100CS (Boarding House reizulations). Allowed on the second floor or above in a mixed-use uroiect. l !Caretaker's residence (ICZ I�I 1- Hotels or motels - - C �1-. _- ITransportation Facilities I"Park and ride" facilities ICZII 116,000 (Parking facilities, public ICZ I (Temporary Uses 60 F{ (Temporary uses IA IA ISee Chapter 14.17 standards. jlAccessory Uses and Structures INR - -t_I INR JI(AL - - - IVR ____INR Accessory uses and structures customarily P P See Chapter 14.16 regulations. incidental to a permitted use and contained on the same site Table 14.08.030 Property development standards (MSE) is hereby amended as follows: IMinimum lot area (sq. ft.) (Minirnurn lot area/dwelling- unit NO IlMinimum lot width (ft.) IMinimum yards: Front (ft.) Side (ft.) Rear (ft.) [Maximum height of structure (ft.) IMinimum landscaping Usable outdoor arca M ME Additional J Standards 16,00.0 116,000 1 12,000 ;I_ 11 60 1160 11 I '1 IN __ II _IIS II JI(A)__ INR - -t_I INR JI(AL - - - IVR ____INR II(A) --_J 136(B), (C), (D) 110% ---- - -� ° _�M (E) IT II(F) 1 (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. Lower height may be required consistent with the canalfront review overlay district, Chapter 14.15. A-21 (C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories. (D) Hotels have a four (4) story height limit. A five (5) story height may be approved as part of an environmental and design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (F) Provision of usable outdoor area is cncouraaed in residential development as hart of a mixed- use project. Section 14.09.010 -- Specific purposes is hereby amended as follows: ... [no changes] A. To provide sites for governmental, educational, public safety, public utility, residential and public transportation facilities. B. [no changes] Table 14.09.020 -- Land use regulations (P/QP). [partial listing] is hereby as follows: Type of Land Use Residential Uses ISinRle-family residential (Duplex residential (Multifamily residential Rooming or boardiniz houses ,Home occupations Live/work Quarters Residential care facilities for the handicanned 'Small (0--6 residents) Large (7 or more residents) Residential care facilities, other ISmall (0--6 residents) Lame (7 or more residents) ........... �IRoomingor boardinsz houses Family day care ISmall (0--6 children or adults) jILarize (7--12 children). ,IIP/QP ,Additional Use Regulations .......... ..... _...... ........ ___ _T 11C C C ISee Chapter 14.17 standards. C ISee Chapter 14.17 standards. I PSee — Chapter 14.16 standards. I A ISee Chapter 14.17 standards. j 1P P I fP i1 ..... ... .._....... ....... - IA ISee Chapter 14.17 standards. ^� j P A J.See Chapter 14.17 standards. A-22 Large (7--12 adults) C ISee Chanter 14.17 standards. T II Table 14.09.030 -- Property development standards (P/QP). [partial listing] is hereby amended as follows: Minimum lot area (sq. ft.) Minimum Lot Area/dwelling unit (sci. (Minimum lot width (sq. ft.) (Minimum yards: Front (ft.) Side -(ft.) - Rear (ft.) Maximum height of structure (ft.) IMaximum lot coverage (Minimum landscaping IP/QP Additional �Standards ft.) 111,800 11 IIS �I NR 1(A) IVR I(A) NR (A) 36 I(B), (C)�- INR 10% J(D) (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three stories. (D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. A-23 Section 14.16.030 — Affordable Housing Requirement is hereby amended to read as follows: 14.16.030 Affordable housing requirement. A. Purpose. The purpose of this Section is to enhance the public welfare and ensure that further residential and non-residential development projects within the City contribute to the attainment of affordable housing goals and requirements by promoting and increasing, through actual construction and/or alternative equivalent actions as provided for in this Section, the development of rental and ownership housing units for very -low, low, and moderate income households. B. General Requirements — Residential development projects. Any new residential development project with dwelling units intended or designed for permanent occupancy shall be developed to provide affordable housing units to very -low, low, and moderate income households in perpetuity unless, in its sole discretion and upon a finding of need pursuant to Section 14.16.030(E), the City Council reduces the time frame to not less than forty (40) years. 1. Exemptions. This provision shall be imposed on all residential development projects except that the following shall be exempt from the provisions of this Section: a. Projects that are the subject of development agreements in effect with the City and approved prior to [the effective date of the City Council ordinance]; b. Projects where a building permit application has been accepted as complete by the City prior to [the effective date of the City Council ordinance]; however, any extension or modification of such approval or permit after such date shall not be exempt; c. Any building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt square footage of the residential portion of the building does not increase upon reconstruction; d. Any residential development project of four (4) or fewer units in a single structure; e. Any residential development project of four (4) or fewer units where the square footage of the floor area of each unit, exclusive of garage, is less than 1,800 square feet; and f. Second units approved by the City of San Rafael pursuant to Section 14.16.285 of the San Rafael Municipal Code. 2. Affordable Housing Units — Percentaae Reauired. Residential development projects shall provide affordable housing units as follows: Project Size Percentage of Affordable Housing Units 2-10 Housing Units* 10% 11-20 Housing Units 15% 21 or more Housing Units 20% * See exemptions listed in Section 14.16.030(B)(1) Where the required percentage of affordable housing units results in a fractional unit, or a combination of affordable housing units and fractional units, the developer shall provide the following: A-24 a. Pay an in -lieu fee for the fractional unit below 0.5 unit; b. Construct the next higher whole number of affordable housing units for a fractional unit 0.5 and above; or c. Perform an "alternative equivalent action" subject to review and approval by the City Council in accordance with Section 14.16.030G. 3. Location and Tvpe of Affordable Housing Units. Affordable housing units shall be dispersed throughout the residential development project. Units may be clustered within the residential project when the City determines that such clustering furthers affordable housing opportunities. The affordable housing units shall be of a similar mix and type to that of the residential development project as a whole, including but not limited to: a. The same or substantially similar mix of unit size (e.g. number of bedrooms, square footage); b. Compatibility with the design, materials, amenities, and appearance of the other developed units; 4. Timing of Construction. All affordable housing units shall be constructed prior to or concurrent with the construction of market rate housing units unless the City Council, in its sole discretion, determines an alternative construction schedule will further the goal of affordable housing in the City. C. Requirements for Residential Ownership Housing Developments. A minimum of fifty percent (50%) of all affordable housing units developed pursuant to Section 14.16.030 (B), and that are a part of or are included in a residential development project in which the developed dwelling units are intended for sale, shall be affordable to low-income households, at an affordable sales price, as defined in this Title and as, from time to time, may be amended by Resolution of the City Council. The remaining affordable housing units shall be affordable to moderate income households at an affordable sales price. In the event that an odd number of units are required the additional unit shall be affordable to low-income households. D. Requirements for Residential Rental Housing Developments. A minimum of fifty percent (50%) of all affordable housing units developed pursuant to Section 14.16.030 (B) of this Section, and that are part of or included in a residential development project in which the developed units are intended to be used as rental housing, shall have rents that do not exceed the affordable monthly rent of very -low income households, as those terms are defined in this Title and as, from time to time, may be amended by Resolution of the City Council. The remaining affordable housing units shall have rents that do not exceed the affordable monthly rent of low income households, as defined in this Title. In the event that an odd number of units are required the additional unit shall be affordable to very -low income households. E. Initial Occupancy, Control of Resale and Continued Affordability of Affordable Housing Units in Residential Development Projects. Prior to the issuance of certificates of occupancy or the final inspection for any units in a qualifying project, all regulatory agreements and, if the affordable housing units are owner -occupied, resale restrictions, deeds of trust, and/or other documents as may be required and approved by the City Council, shall be recorded by the City, or its agent, against all parcels having such affordable housing units and shall be effective in perpetuity; except that, in its sole discretion and upon a finding of financial need or A-25 infeasibility, the City Council may reduce the affordability time frame to not less than forty (40) years. 1. Ownership Units. Notwithstanding any other provision of this Section, the following conditions and/or restrictions shall apply to housing units developed for ownership: a. The maximum sales price permitted for resale of an affordable housing unit intended for owner -occupancy shall be limited to the amount provided in the Resale Restrictions and Option to Purchase Agreement between the owner of the affordable unit and the City or its designee, entered into prior to issuance of any building permits for the project. b. The City shall have first right to purchase, or assign its right to purchase, such affordable unit(s) at the maximum price that could be charged to an eligible household, as set forth in the Resale Restrictions and Option to Purchase Agreement between the owner and the City or its designee. No purchase and/or sale transaction(s) for owner -occupied affordable housing units shall be permitted without express approval by the City or its designee of the purchasing household's eligibility. Nothing in this Section shall prohibit the sale and/or purchase of an owner -occupied affordable housing unit if the City fails to make a determination of household eligibility within the time or other limits provided by the regulatory agreements or resale restrictions. 2. Rental Units. The owner of a property developed for rental occupancy under the provisions of this Section ("the property owner"), or the property owner's designee, shall be responsible for selecting qualified tenants pursuant to the regulatory agreement entered into by and between the property owner and the City. The property owner or the designee shall provide annual reports to the City or its designee containing information on the rent charged for the affordable unit and the tenant eligibility as set forth in the regulatory agreement. F. In -Lieu Fees for Residential Development. At the discretion of the City Council, a developer may comply with this Section by paying an in -lieu fee provided that the applicant establishes financial need or infeasibility, and that the City Council makes a determination that payment by the developer of the in -lieu fee will further the affordable housing goals of the City in a manner and/or in an amount at least equivalent to the requirements of Section 14.16.030(B). Where the application of the affordable housing requirement in Section 14.16.030(B) results in less than one unit or one or more affordable housing units and a fractional unit, the developer may choose to pay an in -lieu fee for the fractional unit without the required findings noted above. In -lieu fees for residential projects shall be calculated as a percentage of the projected construction costs of the units. Construction costs of the units shall mean the estimated cost per square foot of construction , site development and land costs and permits and fees, as established by standard construction cost indices and/or surveys of local development projects. The amounts and calculation of the housing in -lieu fee shall be established by Resolution of the City Council as amended from time to time. Unless otherwise preempted by law or as otherwise A-26 approved by the Planning Commission or City Council, the in -lieu fee shall be paid prior to the issuance of a building permit for the proposed project. G. Alternative Equivalent Action. The developer of a residential project may propose to meet the requirement of Section 14.16.030(B) by an "alternative equivalent action," which shall be subject to review and approval by the City Council. A proposal for an alternative equivalent action may include, but is not limited to, dedication of vacant land, the construction of affordable housing units on another site, or other actions that the City Council, in its sole discretion, determines may further the affordable housing goals of the City in a manner and/or in an amount at least equivalent to the requirements of Section 14.16.030(B). H. Concessions or Incentives for Residential Development Projects. 1. Density Bonus. a. Pursuant to California Government Code Section 65915, the City shall grant either a density bonus, or a density bonus with an additional concession or incentive, to a developer of a residential development project who agrees to provide any of the following: i. Twenty percent (20%) of the total units of a residential housing development as target units affordable to lower income households, as defined in Section 50079.5 of the California Health and Safety Code; ii. Ten percent (10%) of the total units of a residential housing development as target units affordable to very low income households, as defined in Section 50105 of the California Health & Safety Code; iii. Fifty percent (50%) of the total dwelling units of a residential housing development as target units affordable to qualifying residents, as defined in Section 51.3 of the California Civil Code; iv. Twenty percent (20%) of the total dwelling units in a condominium project as defined in subdivision (f) of Section 1351 of the California Civil Code as target units affordable to persons or families of moderate income, as defined in Section 50093 of the Health and Safety Code. For purposes of this Section, additional concessions or incentives shall mean those concessions or incentives available pursuant to Section 14.16.030(H)(2). b. The density bonus granted herein shall be an increase of at least twenty-five percent (25%) of the maximum allowable density for the specific zoning range applicable to the project under the City's Zoning Ordinance and General Plan, except that the developer of a residential housing development that qualifies for a density bonus pursuant to this Section may elect a density increase of less than twenty-five percent (25%) or decline the density increase in its entirety. The density bonus units shall not be included in determining the total number of target units in the development. c. The City may, at its sole discretion, grant a density increase of more than twenty-five percent (25%) where the developer of a residential housing development agrees to construct a greater number of affordable housing units than required by Section 14. 16.030(B)(2) and necessary to qualify for the density increase under Section 14.16.030(H)(1)(a). If a density increase of more than twenty-five percent (25%) is granted by the City and accepted by the developer, the additional density increase shall be considered an additional concession or incentive as required by Section 14.16.030(H)(1)(a). A-27 d. The City shall grant an additional concession or incentive, in addition to a density bonus, to qualifying residential housing developments unless the City makes written findings, based upon substantial evidence, sufficient to satisfy the requirements of California Government Code Section 65915(d) excusing such grant. 2. The following concessions and incentives for residential housing developments shall be available to those projects qualifying for additional concessions or incentives pursuant to Section 14.16.030(H)(1) and, except where otherwise indicated, to other residential housing developments at the discretion of the City Council. a. Processing Incentives. i. Applications that include provision for affordable housing units shall receive prioritized processing over other types of development applications. ii. Applications that include provision for affordable housing units in excess of the minimum requirements of this Section shall be deemed Priority Projects under the City's Project Selection Process. b. Financial Incentives. i. Planning and building permit application fees for affordable units, based on their proportion to total units within the development project, may be waived upon request, as established by Resolution of the City Council. ii. The City Council may consider, on a case-by-case basis and in its sole discretion, the provision of direct financial assistance in the form of a loan or grant, using funds from the Housing In -Lieu Fee Fund or other appropriate available funds, for the provision of affordable housing units in excess of the minimum requirements of this Section. iii. For affordable ownership units, the City and the developer shall enter into a Below Market Rate Housing Agreement setting forth the rights and responsibilities of each party, the formula for calculating the sales price of the unit(s), the process and criteria for selecting eligible applicants, and other relevant information as determined by the Community Development Director. The City of San Rafael and/or its designee shall assume the responsibility for processing applications and certifying the eligibility of low and moderate -income applicants pursuant to the Below Market Rate Housing Agreement. In the event a unit remains unsold at the end of 120 days following issuance of a Certificate of Occupancy, the City or its designee may, at its sole discretion, agree to purchase the unit from the developer at the sales price set forth in the Below Market Rate Housing Agreement. c. Reaulatory Incentives. The Planning Commission or City Council may consider, and grant, on a case-by-case basis, and in its sole discretion, the waiver or modification of development regulations contained in the Zoning Ordinance and/or in the General Plan which the applicant can demonstrate in writing has: i. A direct impact on reducing total project costs; ii. Is necessary for the feasibility of the project; iii. Meets requirements of applicable Building and Safety codes; and iv. Does not negatively impact surrounding land uses and/or the natural environment. A-28 d. Technical Assistance. The City, through its departments, including Economic Development and Community Development, other agencies and/or designated consultants shall provide technical assistance to applicants developing affordable housing. I. General Requirements - Non -Residential Development Projects. Aunlication. An affordable housing requirement is hereby imposed on all developers of non-residential development projects, including all construction of additional square footage to existing non-residential developments, subject to the following exceptions: a. Any project under 5,000 square feet; b. Residential components of a mixed use project, which shall be subject to the requirements of Section 14.16.030(B); c. A mixed use project where the number of affordable units equals or exceeds the housing required by Section 14.16.060 (I) (2) for the gross square footage of nonresidential uses; d. Projects where a building permit application has been accepted as complete by the City prior to [effective date of Council adoption of this ordinance]; however, any extension or modification of such approval or permit after such date shall not be exempt; e. Projects that are the subject of Development Agreements in effect with the City and approved prior to [effective date of Council adoption of this ordinance] where such agreements specifically preclude the City from requiring compliance with this type of affordable housing program; f. Any non-residential building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt square footage of the non-residential portion of the building does not increase upon reconstruction; g. Projects for which no nexus can be established between the proposed non-residential development and an increase in the demand for affordable housing. 2. Number of Affordable Housing Units Required. Proposed nonresidential development projects shall provide twenty (20%) percent of the total number of residential units needed to provide housing for project employees in very -low, low and moderate income households, as set forth in Table 14.16.030. For uses not listed in Table 14.16.030, the Community Development Director shall determine the number of affordable housing units required based on comparable employment densities to uses listed. In making such a determination, the decision of the Community Development Director shall be based on data concerning anticipated employee density for the proposed project submitted by the applicant, employment surveys or other research on similar uses submitted by the applicant or independent research, and/or such other data the Director determines relevant. A-29