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HomeMy WebLinkAboutSPJT Minutes 1991-09-16SRCC/PLANNING 'MISSION MINUTES (Special Joint eting) 9/16/91 Page 1 I IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 16, 1991, AT 5:30 P.N. Special SRCC/Planning Commission Meeting: Present: Councilmembers: Absent Present: Planning Commissioners: Absent: Dorothy L. Breiner, Vice -Mayor Albert J. Boro, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Lawrence E. Mulryan, Mayor Suzanne Scott, Vice -Chairman Linda Bellatorre, Commissioner Paul Cohen, Commissioner Barbara Heller, Commissioner Richard O'Brien, Commissioner Joyce Rifkind, Commissioner John Starkweather, Chairman Also Present: Pamela J. Nicolai, City Manager Regina Buchanan, Deputy City Clerk Robert J. Pendoley, Planning Director Jean Freitas, Principal Planner Linda Jackson, Associate Planner RE: SPECIAL JOINT WORKSHOP MEETING INTRODUCING THE SAN RAFAEL DRAFT ZONING ORDINANCE (P1) - File 10-1 Vice -Mayor Breiner opened the meeting with the statement that this is a historic occasion dealing with the new San Rafael Draft Zoning Ordinance. Planning Director Pendoley stated that the Draft Zoning Ordinance is now ready for public review, and he thanked his staff for their fine work. He stated this is a compilation of changes needed to make the Ordinance consistent with the 1988 General Plan. The old Zoning Ordinance was last comprehensively written in 1951. Changes have been piecemeal since then. He noted that public participation workshops will be held on Monday, September 30, 1991 at noon in the Council Chambers, and a second one on Wednesday, October 2, 1991 at 7:30 P.M., also in the Council Chambers. The Planning Department will also have a speakers' bureau, so Planners can attend meetings of groups and organizations to review the Draft Ordinance and answer questions. He stated the City has prepared five overview handouts which explain in lay terms how the Ordinance was developed and revised. He added that the public may purchase copies of the Ordinance for $7.50 each, and then introduced Principal Planner Jean Freitas and Associate Planner Linda Jackson. Ms. Freitas gave a slide presentation overview of the Zoning Ordinance format, and explained the specific approach used in the development of the updated Ordinance to make it consistent with the General Plan. The nine approaches used in developing the Ordinance were: 1) New Districts must be consistent with General Plan land use categories; 2) In developed residential neighborhoods, properties are rezoned consistent with existing lot sizes; 3) In sensitive areas, such as hillsides, where an area could be placed in more than one zone district based on nearby lot sizes, the more conservative lower density zone was used; 4) In nonresidential zone districts, minimize creation of nonconforming uses; 5) In all districts, minimize changes to existing development standards except where new regulations are required by the General Plan; 6) Reduce or streamline use permits; 7) Respond to public zoning workshop concerns where possible; 8) Improve readability and organization; 9) Eliminate old "PC" and "PUD" districts in favor of one "PD" Planned Development District. Ms. Jackson then highlighted changes to the Ordinance. She stated that the new Zoning Ordinance is really a composite of the community of San Rafael, and a great many of the rules have been retained in the new draft. She stated that most of the new rules in the draft are a result of the land use categories and policies in the San Rafael General Plan. SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 1 SRCC/PLANNING COMMISSION MINUTES (Special Joint meeting) 9/16/91 Page 2 Ms. Jackson then went through the changes, and explained in detail the single family residential zoning districts and the revisions being recommended. She also explained the new "codes" designating the various districts. Ms. Jackson then explained Overlay Districts, including a comprehensive Wetlands Overlay District, noting that San Rafael will be one of the first cities in the Bay Area to have a Wetlands Overlay District as comprehensive as this. Ms. Jackson then discussed the changes in fence regulations; explained nonconforming provisions which have been completely revamped for clarity; and noted that there has been substantial revision of the parking requirements. She stated that there are no changes in the Sign Ordinance, but it has been reformatted into that used in the other chapters. Ms. Jackson then explained the streamlining procedures for Exceptions. She noted that the Design Review Chapter has been reorganized, with few substantial changes. Ms. Jackson concluded by stating that this draft Zoning Ordinance is a product of three years' work of transforming the current Ordinance and the General Plan into workable zoning regulations. She stated the staff wanted to write an Ordinance which is consistent with the General Plan and which is clear and easy-to-use. Staff also wanted to streamline the development approval process. Mr. Pendoley stated it was a pleasure to work with people of the caliber of Ms. Freitas and Ms. Jackson who were capable of doing such fine work. Vice -Mayor Breiner thanked the staff, and informed the audience that this is a workshop meeting between the City Council and Planning Commission, and there will not be public input. She then asked the Commissioners and Councilmembers for comments or questions. Commissioner O'Brien stated this Ordinance is an outstanding job, very easy to read and to understand. He then addressed the parking issue, and questioned one guest parking space for every 5 units. He noted the guidelines for this regulation were based on San Mateo and Vallejo, and he does not feel that is a good guideline to follow, because it does not reflect what our real needs are. He recommended a guest parking space required of one for three units as a better ratio. The next issue Mr. O'Brien mentioned was the 30% compact parking allowance. He stated it is not realistic, since people with compact cars park in standard car spaces, and full-sized cars have difficulty finding spaces. He questioned having this regulation, since people do not abide by it, although he realizes it gives developers more parking spaces. Mr. O'Brien also questioned the regulation which states banks or restaurants will not be permitted on corners, and asked for a response on the rationale. Ms. Freitas responded to the issue of guest parking. She stated that staff is continuing to look at apartment standards, and our current parking standards were better than many others surveyed. She noted that the Department's Intern started on a San Rafael apartment parking survey which has been getting a very good response from apartment managers. She stated that in a couple of months we will have additional local information to determine if our standards are adequate. With regard to compact spaces, she noted the compact parking space size has been increased so they are not as small as the size used in some recent projects. Permitting compact parking is a way of getting a few more spaces in an area, and allow projects to go forward. Ms. Freitas stated that with regard to banks and restaurants not being permitted on corners, the rationale is that General Plan policy promotes retail downtown, and the Zoning Ordinance implements that policy. Commissioner Scott stated she appreciated the overview of the great amount of material, and that it was a very good preview. Ms. Scott then referred to Page 5-3 of the Ordinance, Downtown Core Commercial District, and stated that as the Downtown Study progresses these regulations could be implemented. She noted the reference in the last paragraph of that same section, regarding evening activity and cultural activities at the Rafael Theatre. She stated that cultural activities should be encouraged, but she wondered about omitting the specific reference to the Rafael Theatre, since there may be other appropriate sites for cultural activities. Ms. Freitas stated the General Plan recommends that cultural activities be off the core retail street. She noted this could be modified with the Downtown Plan and the Zoning Ordinance could then be easily modified. Ms. Scott also asked whether seismic retrofit requirements affect the Zoning Ordinance. Staff replied that it was not directly affected. Commissioner Cohen commended staff on their fine work. He said he is concerned with Design Review issues, and would like to have a close look taken at the language suggested by the Design Review Board (DRB), as stated on Page 5 of the staff report. He stated he was present at the DRB meeting when this issue was discussed, regarding alterations and additions to homes. He pointed out the necessity for taking a serious look at additions, particularly in infill lots, and homes with a potential for demolition and new construction. SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 2 SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 3 He stated the second story addition section should also be reviewed, since there have been instances where a home is jacked up and a floor put in beneath it. He wanted the "lift and fill" remodels to also be covered by the upper story addition design review requirement. Mr. Cohen stated that at the Planning Commission they hear considerable concern about second dwelling units which the Commission approves as legal units. He stated that the real problem is the "illegal nonconforming" units, the "stove on wheels" issue. He added that perhaps that issue could be addressed at another time. Mr. Pendoley agreed that the Zoning Ordinance is not the proper place for that issue, but the City Attorney is working on an Ordinance to address illegal units through a simple citation process. Mr. Cohen stated he is concerned about wetlands preservation, particularly in view of the process the Corps of Engineers is going through to redefine the standards to delineate wetlands. He stated the current COE definition is more comprehensive and the City may want to retain that definition. Vice -Mayor Breiner asked staff to follow-up on that issue. Commissioner Heller questioned one of the maps, stating that two lots off Shannon Lane which show as being City she had thought were County. Ms. Freitas stated she will go over the maps with Commissioner Heller. Commissioner Bellatorre stated she had a concern regarding the Gerstle Park area, regard- ing conversion of accessory structures into living quarters. She recommended staff look at the parking regulations in such cases. Ms. Bellatorre stated she too has a concern about the additions and alterations language proposed by the Design Review Board on Page 5 of the staff report, and asked that staff look into the wording. Ms. Bellatorre then asked are second dwelling units going to continue to be allowed park- ing in the front. Ms. Freitas replied parking is allowed on the driveway apron as before; however, the main unit would now have to have two covered parking spaces. Ms. Bellatorre proposed amnesty for illegal second units to get them in our purview, and see what could be done with them; all others would be illegal. Ms. Bellatorre noted that duplex parking is based on the number of bedrooms, and pointed out that a familyroom could be turned into a bedroom. She felt that issue needs more refining. She then inquired, in working with the Downtown Plan, if they came up with something they agreed upon but was contrary to the General Plan, could the Zoning Ordinance be modified. Mr. Pendoley responded that it could. Ms. Bellatorre then expressed her concern about the wetlands definition as stated by Commissioner Cohen. She thanked the staff for their fine work, and said she understands the amount of effort it took. Commissioner Rifkind commended staff on a wonderful job. She then referred to 14.26.050, Trip Transfers, on Page 26-3 of the Draft Ordinance, that trip transfers among common property owners could not be made in impacted areas. Ms. Freitas explained that trip transfers can only involve nearby or adjacent properties owned by the same owner. She noted it might, for example, apply to Shoreline Industrial Park, where several commonly owned properties exist. She stated if you are taking away trips from a property, findings must be made that you are leaving enough trips to develop it appropriately. Ms. Rifkind stated she would like to be assured of a thorough review of this issue. Mr. Pendoley stated that right now there is no way of formalizing such a transaction. He stated that if they create a trip permit file it would be very easy to go back to it. Vice -Mayor Breiner stated that a cross-reference system within the permit process would be advisable. Councilmember Thayer stated she appreciated the comments about the compact parking spaces made by Mr. O'Brien. She then verified that in the second dwelling unit regulations there is no guest parking required for either the main unit or the second dwelling unit. Mr. Pendoley stated that is correct. Ms. Thayer stated she appreciates staff's concern to preclude second units on small lots less than 5,000 square feet, particularly in Gerstle Park, since those properties were developed when cars were smaller and people had fewer cars. Additionally, she supports the increase in parking requirements. Ms. Thayer stated she agrees with Commissioner Cohen that we should be looking at keeping the more stringent definition standards for wetlands protection. She said she would like to see them more strict than they are now. She stated she would like staff to look into the question of Federal pre-emption, and she would like staff to look into that question. SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 3 SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 4 Ms. Thayer then mentioned that in the section about fences, she noticed a category which was omitted, which is wrought iron fences with spikes. She mentioned they are very dangerous and there was a recent serious accident when a child in her neighborhood was injured on such a fence. Councilmember Shippey stated this is an impressive document. He stated he appreciates the wetlands definition issue. Mr. Shippey referred to Page 13-4 of the Ordinance regard- ing wetlands setbacks, specifically Exception 1, where it states that the Planning Commission must make certain findings for a wetland setback exception to be made. He asked when the public would be heard on these exceptions. Ms. Freitas stated that typically the City would obtain input from the public agencies before going to a Public Hearing, and would obtain input from the public at the hearing. Mr. Shippey stated he shares the concern about infill lots, and they should be protected by Design Review of either upper or lower stories. He inquired of staff if there has been much activity on this sort of development. Mr. Pendoley responded the Department has frequent phone calls on that issue, and the difficulty with design review of infill projects is the lack of detailed standards. He added it has been discussed by the DRB, and it was a major issue in the Hillside Design Guidelines. Mr. Shippey asked if the DRB would be overwhelmed by the number of developments. Mr. Pendoley responded they are concerned about the workload implications. Mr. Shippey asked for an explanation of combining the "PC" and "PUD" old districts into the new "PD" Planned Development District. Ms. Freitas gave a detailed explanation. Councilmember Boro referred to Page 5 of the staff report, and stated that in talking with neighborhood groups people would like to see the City more stringent rather than less, on the issue of remodeling homes. Mr. Boro requested assurance that any changes recommended by the Downtown Plan Committee could be worked into the Ordinance. Staff replied that they could be. Mr. Boro stated he had a letter from the Gerstle Park Neighborhood Association President regarding dedication of Gerstle Park area as a Historical District. He inquired if there is anything in that connection with this Ordinance. Mr. Pendoley responded that in the Municipal Code there is an outline for a Historical District. He stated that one problem with implementing it, before you could apply it you have to do a very complete building -by -building, fence -by -fence survey of the neighborhood for which you intend to apply the Historic District. He stated it is very time-consuming. Mr. Pendoley noted the request would go through the Cultural Affairs Commission, but Planning does not currently have the staff to do it. Mr. Boro said that at some time he would like to have discussion on performance standards, variances and exemptions and how they work together. Mr. Boro then referred to Page 25-15 regarding the Design Review Board, stating it speaks about meetings and quorums and like matters, and he noted there has been discussion over the past several months about changing the process of the DRB from an informal process to more of an open meeting process. He stated the timing for discussing that might be concurrent with the adoption of the Zoning Ordinance. Mr. Boro then noted Ms. Freitas' reference to 5,000 sq. ft. lots in the Dominican area being changed to 10,000 sq. ft. However, in looking at the existing side yards they are mostly 5 feet, and not 10 feet, and Mr. Boro inquired how that nonconformance would play out. Ms. Freitas responded that is why they added a special provision which says they would average the setbacks in existing neighborhoods. She stated they currently do that for front yards. Mr. Boro complimented the staff on an excellent job, and the assemblage of the material. He stated the process is very good. Vice -Mayor Breiner stated she recalls the necessity for the upper story revision coming up in past years. She wondered if second story stepbacks could be considered, in the same manner as the hillside standards, noting it would give opportunity for privacy. Ms. Breiner noted Page 5 of the staff report, that there might be language restricting design review of additions to a certain percentage of the square footage of the house. She stated size might be used as a means to trigger design review as people add onto their homes. Ms. Breiner noted that people seem to be parking in their front yard, and inquired if the City has the ability to prevent this. Ms. Freitas responded that in the new Ordinance two covered spaces will be required, and this will preclude garage conversions which results in parking in the driveway. She stated the Ordinance does not specifically prohibit parking in the front yard. Ms. Breiner recommended this issue might be considered. SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 4 SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 5 Ms. Breiner pointed out that the Ordinance has two designations with "C", one being Commercial, and one which is Canal Overlay District. She recommended it might be well to change one of them, to differentiate. On Page 9, Exhibit A, Ms. Breiner stated that the subject of a Use Permit for deleting the requirement for a Use Permit for a conforming addition to a nonconforming house was discussed some years ago. She stated that because of the problems in areas such as Gerstle Park and Bret Harte, there should be notification to the neighbors as part of the Use Permit process and she feels there is a benefit in having the Use Permit require- ment, and asked staff to consider this. Vice -Mayor Breiner thanked staff for their hard work and diligence. Mr. Cohen recommended that staff, in addition to the daytime and evening discussions with the public on the Draft Ordinance, might consider a session for the business community. He said most of tonight's discussion focused on the residential impact, and he feels there will be particular impacts on industrial and commercial districts. Mr. Pendoley responded staff is sending letters to all of the businesses and organizations this week informing them of our speakers' bureau. There being no further business, the meeting adjourned at 7:00 P.M. JEANNE M. LEONCINI, City Clerk Y: B 1]RE IN BU ANA , eputy f ty yClerk APPROVED THIS DAY OF , 1991 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC/PLANNING COMMISSION MINUTES (Special Joint Meeting) 9/16/91 Page 5