HomeMy WebLinkAboutOrdinance 1838 (Various Code 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. 1838 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO COMPLY WITH
REVISIONS OF STATE LAW FOR PROVISION OF DENSITY BONUSES AND ZONING
INCENTIVES FOR RESIDENTIAL PROJECTS THAT INCLUDE AFFORDABLE HOUSING, TO
REQUIRE RELOCATION ASSISTANCE TO LOWER INCOME TENANTS DISPLACED BY
DEVELOPMENT PROJECTS, TO CORRECT THE RANGE OF BUILDING HEIGHT LIMITS IN
THE WEST END VILLAGE DISTRICT TO COMPLY WITH PROVISIONS OF GENERAL PLAN
2020, TO ALLOW SUSPENSION OF CONSTRUCTION WORK FOR VIOLATIONS OF THE
NOISE ORDINANCE, TO MODIFY CRITERIA FOR GRANTING OF EXCEPTIONS TO THE
NOISE ORDINANCE, TO MODIFY THE DEFINITION OF SECOND DWELLING UNIT TO
COMPLY WITH PROVISIONS OF STATE LAW, TO MODIFY PROVISIONS FOR AN
ALTERNATE MEMBER OF THE DESIGN REVIEW BOARD, TO ADD REGULATIONS FOR
TEMPORARY BANNERS, TO CLARIFY THE GROUND FLOOR USE RESTRICTIONS IN THE
FOURTH STREET RETAIL CORE DISTRICT, TO CHANGE REFERENCES TO THE
CULTURAL AFFAIRS COMMISSION RELATED TO HISTORIC PRESERVATION
RESPONSIBILITIES TO THE PLANNING COMMISSION, TO MODIFY REGULATIONS FOR
MODIFICATION OF ROOFS WITHIN THE EICHLER/ALLIANCE HOMES COMBINING
DISTRICT TO COMPLY WITH STATE LAW FOR REGULATION OF SOLAR COLLECTORS,
TO CLARIFY THE APPEAL PERIOD FOR DEVELOPMENT APPROVALS INVOLVING LAND
SUBDIVISIONS TO COMPLY WITH STATE LAW, TO COMPLY WITH PROVISIONS OF
STATE LAW FOR FAMILY DAY CARE FACILITIES, TO COMPLY WITH PROVISIONS OF
STATE AND FEDERAL LAW FOR PROVISION OF REASONABLE ACCOMMODATIONS FOR
ACCESS TO HOUSING BY PERSONS WITH DISABILITIES, TO REMOVE SECTION
14.16.070 RELATED TO CONVERSION OR DEMOLITION OF DWELLING UNITS, TO
COMPLY WITH PROVISIONS OF FEDERAL LAW FOR REGULATION OF SATELLITE
DISHES, TO MODIFY DEFINITIONS, TO MODIFY ALLOWANCES FOR VARIOUS USE
CATEGORIES IN COMMERCIAL AND INDUSTRIAL DISTRICTS, TO INCREASE PUBLIC
HEARING NOTIFICATION REQUIREMENTS FOR SUBDIVISIONS, TO CORRECT
BOUNDARIES OF THE DOWNTOWN PARKING ASSESSMENT DISTRICT AS DIAGRAMED
IN THE ZONING ORDINANCE, TO REVISE THE DEFINITION OF DECK HEIGHTS WHICH
ARE SUBJECT TO SETBACK REGULATIONS, TO PRECLUDE THE PARKING OF
VEHICLES IN THE FRONT YARD SETBACKS OF RESIDENTIAL PROPERTIES, TO ALLOW
ELIMINATION OF REQUIRED PARKING SPACES TO PROVIDE FOR REQUIRED DISABLED
ACCESS, TO ELIMINATE REQUIREMENTS THAT BUILDINGS OUTSIDE OF THE HILLSIDE
AREAS BE PAINTED IN EARTHTONE COLORS, AND TO REZONE PROPERTY AT 3240-
3270 KERNER BOULEVARD FROM GENERAL COMMERCIAL TO LIGHT
INDUSTRIAL/OFFICE TO CORRECT A MAPPING ERROR"
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 21 st day of November, 2005,
a SUMMARY of Ordinance No. 1838 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 5th day of December, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
7th of December, 2005
JEANNNEE�M../LEONCW, City Clerk
ORDINANCE NO. 1838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO
COMPLY WITH REVISIONS OF STATE LAW FOR PROVISION OF DENSITY
BONUSES AND ZONING INCENTIVES FOR RESIDENTIAL PROJECTS THAT
INCLUDE AFFORDABLE HOUSING, TO REQUIRE RELOCATION ASSISTANCE TO
LOWER INCOME TENANTS DISPLACED BY DEVELOPMENT PROJECTS, TO
CORRECT THE RANGE OF BUILDING HEIGHT LIMITS IN THE WEST END
VILLAGE DISTRICT TO COMPLY WITH PROVISIONS OF GENERAL PLAN 2020,
TO ALLOW SUSPENSION OF CONSTRUCTION WORK FOR VIOLATIONS OF THE
NOISE ORDINANCE, TO MODIFY CRITERIA FOR GRANTING OF EXCEPTIONS
TO THE NOISE ORDINANCE, TO MODIFY THE DEFINITION OF SECOND
DWELLING UNIT TO COMPLY WITH PROVISIONS OF STATE LAW, TO MODIFY
PROVISIONS FOR AN ALTERNATE MEMBER ON THE DESIGN REVIEW BOARD,
TO ADD REGULATIONS FOR TEMPORARY BANNERS, TO CLARIFY THE
GROUND FLOOR USE RESTRICTIONS IN THE FOURTH STREET RETAIL CORE
DISTRICT, TO CHANGE REFERENCES TO THE CULTURAL AFFAIRS
COMMISSION RELATED TO HISTORIC PRESERVATION RESPONSIBILITIES TO
THE PLANNING COMMISSION, TO MODIFY REGULATIONS FOR
MODIFICATION OF ROOFS WITHIN THE EICHLER/ALLIANCE HOMES
COMBINING DISTRICT TO COMPLY WITH STATE LAW FOR REGULATION OF
SOLAR COLLECTORS, TO CLARIFY THE APPEAL PERIOD FOR DEVELOPMENT
APPROVALS INVOLVING LAND SUBDIVISIONS TO COMPLY WITH STATE LAW,
TO COMPLY WITH PROVISIONS OF STATE LAW FOR FAMILY DAY CARE
FACILITIES, TO COMPLY WITH PROVISIONS OF STATE AND FEDERAL LAW
FOR PROVISION OF REASONABLE ACCOMMODATIONS FOR ACCESS TO
HOUSING BY PERSONS WITH DISABILITIES, TO REMOVE SECTION 14.16.070
RELATED TO CONVERSION OR DEMOLITION OF DWELLING UNITS, TO
COMPLY WITH PROVISIONS OF FEDERAL LAW FOR REGULATION OF
SATELLITE DISHES, TO MODIFY DEFINITIONS, TO MODIFY ALLOWANCES FOR
VARIOUS USE CATEGORIES IN COMMERCIAL AND INDUSTRIAL DISTRICTS, TO
INCREASE PUBLIC HEARING NOTIFICATION REQUIREMENTS FOR
SUBDIVISIONS, TO CORRECT BOUNDARIES OF THE DOWNTOWN PARKING
ASSESSMENT DISTRICT AS DIAGRAMED IN THE ZONING ORDINANCE, TO
REVISE THE DEFINITION OF DECK HEIGHTS WHICH ARE SUBJECT TO
SETBACK REGULATIONS, TO PRECLUDE THE PARKING OF VEHICLES IN THE
FRONT YARD SETBACKS OF RESIDENTIAL PROPERTIES, TO ALLOW
ELIMINATION OF REQUIRED PARKING SPACES TO PROVIDE FOR REQUIRED
DISABLED ACCESS, TO ELIMINATE REQUIREMENTS THAT BUILDINGS
OUTSIDE OF THE HILLSIDE AREAS BE PAINTED IN EARTHTONE COLORS, AND
TO REZONE PROPERTY AT 3240-3270 KERNER BOULEVARD FROM GENERAL
COMMERCIAL TO LIGHT INDUSTRIAL/OFFICE TO CORRECT A MAPPING
ERROR.
WHEREAS, amendments to the Municipal Code have been prepared to eliminate errors
and clarify existing regulations; and
WHEREAS, the California Government Code, Section 65915-65918, has been amended
requiring local governmental agencies to amend their local ordinances to implement changes in
requirements for provision of density bonuses and zoning concessions for projects that include
minimum percentages of affordable housing or housing for seniors; and
WHEREAS, the federal Fair Housing Act imposes an affirmative duty on housing
providers and regulators to provide "reasonable accommodation" to persons with disabilities by
granting, in some circumstances, exceptions to zoning requirements to allow group homes or
other housing for disabled individuals; and
WHEREAS, the federal Telecommunications Act of 1996 preempts local restrictions on
the placement of satellite antennas less than one meter in diameter; and
WHEREAS, the California Government Code, Section 7060 et seq., preludes local
governmental agencies from imposing any regulation compelling the owner of residential
property to continue to offer accommodations in the property for rent or lease; and
WHEREAS, Ordinance 1667 of the City Council of San Rafael amended the boundaries
of Parking District No. 1 to include property at 729 Fourth Street; and
WHEREAS, the amendments to the Zoning and Subdivision Ordinances of the City of
San Rafael, California, Titles 14 and 15 of the San Rafael Municipal Code are based on the
following findings:
1. The proposed amendments would be consistent with the policies and programs of the San
Rafael General Plan 2020 that are pertinent to the City's Subdivision and Zoning
Ordinances. These proposed amendments implement provisions of Policy C-5 (Traffic
Level of Service Standards) in that a definition of the a.m. peak hour is added; are
consistent with Policy G-18 (Support for Special Needs Groups) in that a process to
modify zoning requirements to provide reasonable accommodations in housing for
disabled persons is provided; are consistent with Policy LU -20 (Childcare) and Program
LU -20a (Zoning for Childcare Programs) in that zoning definitions for family day care
facilities allow a larger number of children served by small and large day care homes
consistent with requirements of state law; implement provisions of Program EV -8b (Day
Laborers) by allowing consideration of job centers in the General Commercial district;
are consistent with Policy NH -77 (New Business Development) by allowing check -
cashing and money -wiring services and catering in the Canal neighborhood to serve the
needs of local residents, provide local jobs and reduce traffic generation; implement the
requirements of Policy LU -22 (Mini -storage) by incorporating the prohibition of mini -
storage uses facing highways and the Bay; implement the requirements of Program H-21 a
(State Density Bonus Law) by updating the Zoning Ordinance to include new
requirements of state law for density bonuses; create consistency between Exhibit 8 of
the Land Use Element which allows up to 36 feet in building height on certain parcels
within the West End Village and the West End Village District development regulations
within the Zoning Ordinance; and to create consistency between the Land Use Map
which designates property at 3240-3270 Kerner Boulevard as Light Industrial/Office and
the Zoning Map which currently designates the property as General Commercial.
2. The public health, safety and general welfare would not be impacted by the proposed
amendments since many of the proposed revisions are to achieve consistency with state
and federal law and to make minor code revisions to clarify existing regulations or
correct errors; and
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WHEREAS, it has been determined that these amendments are exempt from the
requirements of the California Environmental Quality Act (CEQA), pursuant to Sections 15282(1)
and 15305 of the CEQA Guidelines which exempt minor changes in land use regulations and
ordinance changes to implement state law related to second dwelling units, and pursuant to Class
5f of the City's Environmental Assessment Procedures Manual which exempts zoning ordinance
amendments which do not involve proposed development plans or land uses which would result
in signficant environmental impacts.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT
MODIFICATIONS TO THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS:
DIVISION 1: Sections 2.16.200, 2.16.210, 2.16.220, 2.16.230, and 2.18.030 of the San Rafael
Municipal Code are hereby deleted.
DIVISION 2: Section 2.18.020 of the San Rafael Municipal Code is hereby to read
amended to read as follows:
2.18.020 Powers and duties of planning commission.
The planning commission shall have and exercise the powers and shall perform the duties
set forth in this section and elsewhere in this chapter with respect to historic preservation.
The commission:
(1) Shall recommend to the city council, after public hearing, on the designation of
landmarks and historic districts, as more fully set forth in Section 2.18.043 below;
(2) Shall, in appropriate cases, after public hearing, review and decide on applications for
construction, alteration, demolition and other applications pertaining to landmark sites and
historic districts, as more fully set forth below in this chapter;
(3) May take steps to encourage or bring about preservation of structures or other features;
(4) May establish and maintain a list of structures and other features deemed deserving of
official recognition although not designated as landmarks or historic districts, and take
appropriate measures of recognition, as more fully set forth in Section 2.18.069 below;
(5) May carry out, assist and collaborate in studies and programs designed to identify and
evaluate structures, sites and areas worthy of preservation;
(6) May consult with and consider the ideas and recommendations of civic groups, public
agencies, and citizens interested in historic preservation;
(7) May inspect and investigate structures, sites and areas which they have reason to believe
worthy of preservation;
(8) May disseminate information to the public concerning those structures, sites and areas
deemed worthy of preservation, and may encourage and advise property owners in the protection,
enhancement, perpetuation and use of landmarks, property in historic districts, and other
officially recognized property of historic interest;
(9) May consider methods other than those provided for in this chapter for encouraging and
achieving historic preservation, and make appropriate recommendations to the city council and to
other bodies and agencies, both public and private;
(10) May establish such policies, rules and regulations, as it deems necessary to administer
and enforce this chapter; and
(11) May request the assistance of experts in evaluating proposals for alteration, demolition
or designation of historic structures, the cost of which shall be borne by applicants.
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DIVISION 3: Section 2.18.042 of the San Rafael Municipal Code is hereby amended to
read as follows:
2.18.042 Referral to planning commission.
The proposed designation or application shall be promptly referred to the commission for
review, hearing and report to the city council as to conformance with the purpose and standards
of this chapter.
DIVISION 4: Section 2.18.043 of the San Rafael Municipal Code is hereby amended to
read as follows:
2.18.043 Hearing by commission.
The commission shall set a public hearing on the proposal to be held within forty-five days
after the referral to it by the city council or after application for designation is fled. A record of
pertinent information presented at the hearing shall be made and maintained as a permanent
record as required by the California Government Code.
(a) Notice of Hearing. Notice of the time, place and purpose of such hearing shall be given
by at least one publication in a newspaper of general circulation in the city not less than fifteen
days prior to the date of hearing. Notice shall also be mailed not less than ten days prior to the
date of hearing to the owners of all property included in the proposed designation, to owners of
immediately adjacent properties and to homeowner associations within the neighborhood. In
addition, notice shall be posted in at least three locations within two hundred feet of the affected
property, using for this purpose the names and addresses of the last known owners as shown on
the records of the assessor.
(b) Time Limitation. The commission shall consider the conformance or lack of
conformance of the proposed designation with the purposes and standards of this chapter, and
shall approve, disapprove or modify the proposal at the conclusion of the public hearing, which
may be continued from time to time. Failure to act within said time shall constitute
recommendation for approval.
(c) Notice of Action Taken. The commission shall promptly provide the property owner with
written notice of action taken. If the commission approves or modifies the proposed designation
in whole or in part, it shall transmit the proposal, together with a copy of the resolution of
approval, to the city clerk. Either the planning commission or the city council may extend its
hearing past the forty -five-day requirement of Section 2.18.043.
DIVISION 5: Section 2.18.061 of the San Rafael Municipal Code is hereby amended to
read as follows:
2.18.061 Application for certificates of appropriateness.
A verified application for a certificate of appropriateness may be filed by the owner,
or authorized agent for the owner, of the property for which the certificate is sought, with
the planning commission.
The content of applications shall be in accordance with the policies, rules and
regulations of the commission, and shall be upon forms prescribed therefore, and shall
contain or be accompanied by all information required to assure the presentation of
pertinent facts for proper consideration of the case and for the permanent record. In
general, the application shall be accompanied by plans and specifications showing the
proposed exterior appearance, including, but not limited to, color, texture of materials, and
architectural design and detail; drawings or photographs showing the property in the
context of its surroundings may also be required. The applicant may be required to file
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with his applications the information needed for the preparation and mailing of notices as
specified in Section 2.18.063.
DIVISION 6: Section 2.18.090 of the San Rafael Municipal Code is hereby amended to
read as follows:
2.18.090 Enforcement and penalties.
a) Duty to Administer and Enforce. It shall be the duty of the city manager, or his or
her designee, to administer and enforce the provisions of this chapter. Upon request, the
chief building official shall assist the city manager in the performance of this duty.
(b) Inspection of Premises. In the performance of their duties, the city manager, or his
or her designee, shall have the right to enter any building or premises for the purpose of
investigation and inspection; provided, that such right of entry shall be exercised only at
reasonable hours, and that in no case shall entry be made to any building in the absence of
the owner or tenant thereof without the written order of a court of competent jurisdiction.
(c) Nuisance. Any building or structure set up, erected, constructed, altered, enlarged,
converted, moved or maintained contrary to the provisions of this chapter or any permit
issued hereunder, and any use of land, building or premises established, conducted,
operated or maintained contrary to the provisions of this chapter or any permit issued
hereunder is unlawful and a public nuisance. The city attorney shall upon order of the
council commence action or proceedings for the abatement and removal and enjoinment
thereof in the manner provided by law, and the ordinances of this city, and shall take such
other steps and shall apply to such courts as may have jurisdiction to grant such relief as
will abate and remove such building or structure and restrain and enjoin any person, firm
or corporation from setting up, erecting, building, maintaining or using such building or
structure, or using property contrary to the provisions of this chapter. The remedies
provided for in this chapter shall be cumulative and nonexclusive. All costs relating to the
enforcement of the provisions of this chapter shall be borne by and recoverable from the
person or persons in violation thereof.
(d) Penalties. Any person, firm or corporation violating any of the provisions of this chapter is
guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding
five hundred dollars or be imprisoned for a period not exceeding six months or be both so fined
and imprisoned. Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punished as such hereunder.
DIVISION 7: Section 8.13.050(A) of the San Rafael Municipal Code is hereby amended to
read as follows:
8.13.050 Standard exceptions to general noise standards.
A. Construction. Except as otherwise provided in paragraph B of this section, or by the
planning commission or city council as part of the development review for the project, on any
construction project on property within the city, construction, alteration, demolition, maintenance
of construction equipment, deliveries of materials or equipment, or repair activities otherwise
allowed under applicable law shall be allowed between the hours of seven a.m. (7:00 a.m.) and
six p.m. (6:00 p.m.) Monday through Friday, and nine a.m. (9:00 a.m.) and six p.m. (6:00 p.m.)
on Saturdays, provided that the noise level at any point outside of the property plane of the
project shall not exceed ninety (90) dBA. All such activities shall be precluded on Sundays and
holidays. Violation of the foregoing may subject the permittee to suspension of work by the
Chief Building Official for up to two days per violation.
For any construction project involving the construction of one or more new buildings or
residences within the city, or when required by the planning commission or city council as part of
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their development review for the property, the property owner or occupant shall post a sign at all
entrances to the construction site upon commencement of construction, for the purpose of
informing all contractors and subcontractors, their employees, agents, materialmen and all other
persons at the construction site, of the basic requirements of this chapter.
1. Said sign(s) shall be posted in a conspicuous place visible from the public right-of-way
near the entrance to the job site, at least five feet above ground level, and shall be of a white
background, with legible black lettering, which lettering shall be a minimum of one and one-half
inches in height.
2. Said sign shall read as follows (or as consistent with other hours approved by the planning
commission or city council):
CONSTRUCTION HOURS
(includes any and all deliveries)
MONDAY -FRIDAY
SATURDAY
SUNDAY/HOLIDAYS
7:00 a.m. to 6:00 p.m.
9:00 a.m. to 6:00 p.m.
Prohibited
NOISE LIMITS
Noise level at any point outside of the construction property plane shall not exceed ninety (90)
dBA.
Violation of the construction hours and noise limits may be enforced as either an infraction
or a misdemeanor punishable by fines or jail time or both, or by an administrative citation
with a fine, or by a civil action with a monetary penalty, injunction and/or other remedies
as provided in Chapter 1.42. In addition, the Chief Building Official may issue a stop
work order requiring suspension of work for up to two days per violation.
DIVISION 8: Section 8.13.060(A) of the San Rafael Municipal Code is hereby amended to
read as follows:
8.13.060 Exceptions allowed with permit.
A. In addition to the standard exceptions permitted pursuant to Section 8.13.050 of
this chapter, the Director of Community Development or his designee may grant a permit
allowing an exception from any or all provisions of this chapter where the applicant can
show that a diligent investigation of available noise abatement techniques indicates that
immediate compliance with the requirements of this chapter would be impractical or
unreasonable, or that no public detriment will result from the proposed exception. Any
such permit shall be issued with appropriate conditions to minimize the public detriment
caused by the permitted exceptions. Any such permit shall be of such duration as approved
by the Director of Community Development or his designee, up to a maximum period of
six (6) months, but shall be renewable upon a showing of good cause, and shall be
conditioned by a schedule for compliance and details of methods therefore in appropriate
cases. At the discretion of the Director of Community Development or his designee, an
exception permit may be issued and reissued for successive short periods of time in order
to allow monitoring of the adverse noise impacts of the excepted activity, and additional
conditions may be imposed upon reissuance of the permit, if the Director of Community
Development or his designee determines that such additional conditions are necessary to
mitigate noise impacts from the excepted activity to a level he deems acceptable under all
the circumstances.
DIVISION 9: Section 8.36.020 of the San Rafael Municipal Code is hereby amended to
read as follows:
8.36.020 Penalty for violations. Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating Section 8.36.010, shall be guilty of a public offense,
punishable as provided in Section 1.42.010. Each day of such a violation shall be deemed a
separate offense.
DIVISION 10: Section 9.19.380 of the San Rafael Municipal Code is hereby amended to
read as follows:
9.19.380 Violation - Penalty. Any person violating any of the provisions of this
chapter shall be subject to the penalty for violations as provided in Section 1.42.010 of the
San Rafael Municipal Code.
DIVISION 11: Section 9.22.050 of the San Rafael Municipal Code is hereby amended to
read as follows:
9.22.050 Violation — Penalty. It is unlawful for any person to refuse or fail to pay
the fees established by this chapter, or to falsify the nature or the origin of waste delivered
to city's household hazardous waste collection facility. Any person violating this chapter
shall be subject to the penalty for violations as provided in San Rafael Municipal Code
Section 1.42.010.
DIVISION 12: Section 9.23.050 of the San Rafael Municipal Code is hereby amended to
read as follows:
9.23.050 Violation — Penalty. It is unlawful for any person to falsify the nature or
the origin of waste delivered to the city's conditionally exempt small quantity generator
waste collection facility. Any person violating this chapter shall be subject to the penalty
for violations as provided in San Rafael Municipal Code Section 1.42.010.
DIVISION 13: Section 11.36.020 of the San Rafael Municipal Code is hereby amended to
read as follows:
11.36.020 Permit required. It is unlawful for any person, firm or corporation to demolish
or cause to be demolished, any building or structure within the city without first having obtained
a demolition permit from the Chief Building Official of the city. A separate permit shall be
obtained for each separate lot or parcel of land. Permits may be approved or denied with or
without conditions.
DIVISION 14: Section 11.36.030 of the San Rafael Municipal Code is hereby amended to
read as follows:
11.36.030 Buildings having historical and/or architectural significance. When a
determination has been made by the community development department of the city that a
building or structure may have historical or architectural significance, no demolition permit shall
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be issued therefore until such permit has been authorized in conformance with the requirements
of Chapter 2.18.
DIVISION 15: Section 14.02.030 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.02.030 Applicability of land use and development regulations.
B. Establishment of Base Zoning Districts. Base zoning districts into which the city
is divided are established as follows:
Base
Base District Name
Chapter
District
Designator
R2a
Single-family Residential District
14.04
Minimum lot size 2 acre
Rla
Single-family Residential District
14.04
Minimum lot size: 1 acre
R20
Single-family Residential District
14.04
Minimum lot size 20,000 sq. ft.
R10
Single-family Residential District
14.04
Minimum lot size 10,000 sq. ft.
R7.5
Single-family Residential District
14.04
Minimum lot size7,500 sq. ft.
R5
Single-family Residential District
14.04
Minimum lot size: 5,000 sq. ft.
DR
Duplex Residential District
14.04
2,500 sq. ft. per dwelling unit
MR5
Multifamily Residential District (Medium Density)
14.04
5,000 sq. ft. per dwelling unit
MR3
Multifamily Residential District (Medium Density)
14.04
3,000 sq. ft. per dwelling unit
MR2.5
Multifamily Residential District (Medium Density)
14.04
2,500 sq. ft. per dwelling unit
MR2
Multifamily Residential District (Medium Density)
14.04
2,000 sq. ft. per dwelling unit
11.81.8
Multifamily Residential District (High Density)
14.04
1,800 sq. ft. per dwelling unit
HR1.5
Multifamily Residential District (High Density)
14.04
1,500 sq. ft. per dwelling unit
HR1
Multifamily Residential District (High Density)
14.04
1,000 sq. ft. per dwelling unit
GC
General Commercial District
14.04
NC
Neighborhood Commercial District
14.04
1,800 sq. ft. per dwelling unit
0
Office District
14.05
C/O
Commercial/Office District
14.05
1,000 sq. ft. per dwelling unit
F-1
R/O
Residential/Office District
14.05
District
1,000 sq. ft. per dwelling unit
FBWC
Francisco Boulevard West Commercial District
14.05
4SRC
Fourth Street Retail Core
14.05
CSMU
Cross Street Mixed Use District
14.05
HO
Hetherton Office District
14.05
2/3 MUE
Second/Third Mixed Use District East District
14.05
2/3 MUW
Second/Third Mixed Use District West District
14.05
WEV
West End Village District
14.05
5/M R/O
Fifth/Mission Residential/Office District
14.05
I
Industrial District
14.06
LI/O
Light Industrial/Office District
14.06
CCI/O
Core Canal Industrial/ Office District
14.06
LMU
Lindaro Mixed Use District
14.06
PD
Planned Development District
14.07
M
Marine District
14.08
MC
Marine Commercial District
14.08
P/QP
Public/Quasi-Public District
14.09
P/OS
Parks/Open Space District
14.10
W
Water District
14.11
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one (1) or
more of which may be combined with a base district, are established as follows:
Overlay
Overlay District Name
Chapter
District
Designator
-H
Hillside Development Overlay District
14.12
-WO
Wetland Overlay District
14.13
-E/A
Eichler/Alliance Overlay District
14.14
-C
Canalfront Review Overlay District
14.15
DIVISION 16: Section 14.03.030 of the San Rafael Municipal Code is hereby amended as
follows:
14.03.030 Definitions.
Add the following definitions:
"A.m. peak hour" means the number of vehicular traffic movements entering and exiting a
site during the highest volume consecutive sixty (60) minutes in the a.m. peak period from seven
a.m. (7:00 a.m.) to nine a.m. (9:00 a.m.) on the local street system.
"Community Development Director" means the head of the Community Development
Department and is synonymous with "planning director" as used in this code.
"Displaced person" means any person: 1) who lawfully occupies rental property as a primary
place of residence, 2) whose continued occupancy of the rental property would be inconsistent with
a proposed development project, and 3) whose tenancy is terminated by the owner, whether by the
owner's termination of the lease or tenancy or the owner's refusal to renew the lease or tenancy,
unless the tenancy is terminated because of a default under the lease by the tenant.
"Planning Director" is synonymous with "Community Development Director" as
used in this code.
Delete the following definitions:
"Linear street frontage" means a length measured at the front lot line of the block, from
one street corner to the next, and excluding public sidewalks.
Trip allocation" means a proportion of area p.m. peak -hour trips assigned to
individual lots based on typical peak -hour trip generation in order to maintain or achieve
level of service standards, both short term and long term.
"Unused trips" means p.m. peak -hour trips allocated to a parcel in the general plan
appendix remaining after a development is approved, constructed and determined by the
city council to fully develop the site.
Revise the following definitions:
"Day care facility" means an existing or proposed building, equipment and any
accessory structures in which there are programs and personnel licensed by the state for
direct child or adult care services, including, but not limited to, shelter, food, education
and play opportunities, for fewer than twenty-four (24) hours per day. There are three (3)
basic types or designations of child or adult care facilities:
1. Family day care home, small (a dwelling unit licensed for the care of eight (8) or fewer
children or adults), or as otherwise defined by state law;
2. Family day care home, large (a dwelling unit licensed for the care of nine (9) to fourteen
(14) children or adults), or as otherwise defined by state law;
3. Day care center (a facility licensed for the care of more than fourteen (14) children or
adults).
"Development" or "Development project" means any subdivision, other division of land or
condominium conversion; the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance;
and any change in use or extension of the use of land.
"Downtown" encompasses those lots as shown on the Downtown Districts Map within
the Neighborhoods Element of the General Plan.
Dwelling unit, second. "Second dwelling unit" means an additional separate dwelling unit
meeting defined standards as specified in Section 14.17.120, and located on the same lot as a
single-family dwelling within a residential district.
"Lot coverage" means that portion of the lot covered by buildings, including stairways;
covered walkways; covered patios; covered parking structures; covered decks or uncovered decks
over thirty inches (30") in height; recreational and storage structures; and excluding ground level
landscaped areas, walkways, uncovered patios and decks thirty inches (30") or less in height,
uncovered recreational areas, and uncovered parking and driveway areas.
DIVISION 17: Section 14.03.030 — Diagram A of the San Rafael Municipal Code is hereby
replaced with the following:
10
Diagram A
DOWNTOWN PARKING ASSESSMENT DISTRICT
DIVISION 18: Table 14.04.020 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
Type of Land
R DR MR
IIR
PD 'Additional
Use
Vse
;Regulations
Residential
Uses
`Day Care
j
Day care
facility, child
or adult
j
Family day.
care home
Small (0 – 8 — -
P --
P
P
P
��
P�
children or adults)
Large (9 - 14
CZ
CZ
CZ
CZ
CZ 'See
children)
`
standards,
ji
Chapter
I
;14.17.
Large (9 - 14 adults) C j C C j C C
Day care center (15 C* C C C C* *Prohibited
11
or more children or in 112a, Rla
adults) ! and PD
districts, and
R20 hillside
residential
dots.
DIVISION 19: Table 14.04.030 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
(C) Where there is a driveway perpendicular to the street, any garage built after
January 1, 1992 or carport built after January 1, 2006 shall be setback twenty feet (20').
DIVISION 20: Table 14.04.040 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
(F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in
all required yards, per Section 14.18.200 (Location of parking and maneuvering areas).
DIVISION 21: Table 14.05.020 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
Table 14.05.020
Type of Land Use GC NC O C/O R/O FBWC Additional
j * Use
CRegulations
Food and beverage
service
establishments
Catering P CZ P 1
establishments j
Food service
establishment
(with or without
incidental serving
of beer or wine),
without a cocktail
lounge, live
entertainment,
and/or dancing j
(1) 1,000 sq. ft. or P ! P P P P C
less in size j
(2) More than P CZ CZ P CZ CZ
1,000 sq. ft. in size
Liquor stores
12
C CZ CZ
(1) Less than 200 CZ CZ
ft. from residential f
district ,
(2) 200 ft. or more P P P C C
from residential
district
Sales, n
ew or used
vehicles
(1) Five (5) or CZ CZ CZ
fewer vehicles
displayed or stored
on site
(2) More than five C _ C C
(5) vehicles
displayed or stored
i
on site
Recreational f
facilities (indoors)
,Health clubs/ ms
(1) Up to 5,000 sq. CZ CZ CZ ! CZ I CZ j
ft. in size i
(2) 5,000 sq. ft. or C j C C C C
greater in size
Retail �....
Gun shops C C See Chapter
14.17
standards
Financial services
and institutions
Check -cashing, P P P P P _ P
money -wiring and
foreign currency
exchange services
Offices, general
Administrative C P*� P P** P * Rear ground level
offices or 2nd floor or above.
**4 Ih Street west of
a D Street: Rear
ground level or 2nd
floor or above.
Business offices C P* P P** P * Rear ground level
or 2"d floor or above.
* * 4`h Street west of
D Street: Rear
ground level or 2nd
13
r- -�—f-------r--- floor or above.
Professional C P* P P** P * Rear ground level
offices or 2"d floor or above.
* * 4`h Street west of
j D Street: Rear
{ ground level or 2nd
floor or above.
Public facilities
Job center C I F-7-1
Residential and * * * *See Chapter
Visitor 14.17
Accommodation standards
Uses
Animal keeping CZ CZ CZ i CZ CZ CZ See Chapter
14.17
standards.
Day
Day care facility,
child or adult
Family day care
Small (0 — 8 children or
adults)
Large (9 — 14 children)
Large (9 -- 14 adults)
Day care center (15 or I CZ
more children or adults)
P P P I
I
CZ CZ CZ See Chapter
14.17
standards.
CZ F CZ CZ J CZ ( C
t
DIVISION 22: Table 14.05.022 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
Table 14.05.022
Type of Land Use 4SRC HO CSMU 12/3 213 WEV
MUE MUW
Food and beverage
service
establishments
Food service
establishment
(with or without
incidental serving
14
5/M
R/O
of beer or wine),
without a cocktail
'
lounge, live
R
I
entertainment,
and/or dancing
E
(1) 1,000 sq. ft. or
P
P
P
P
P
P
P (4)
less in size
(2) More than
P I
P
P
P
P
P
CZ (4)
1,000 sq. ft. in size
Motor vehicle
sales and service
(including
automobiles,
motorcycles,
I
trailers, trucks and
recreational
I
vehicles)
i
Rentals
j
CZ (2)
- - - --
Recreational
(
1
facilities (indoors)
i
Health clubs/ ms
(1) Up to 5,000 sq.
CZ
CZ
CZ
CZ
CZ
( CZ
CZ(4)
ft. in size
;
f
(2) 5,000 sq. ft. or
C
C
i C
C
C
C
C(4)
greater in size
Retail
Gun Shops
C
C
C
C
Financial services
and institutions
Check-cashing,
P (9,18)
P
P
P
P
P (9,18)
P
money-wiring and
foreign currency
exchange services
Offices, general
_
Administrative
P(9)/A(18)
P
P
I P
P
P(9)/A(18)
P '
offices
Business,
'P(9)/A(18)
P
P
j P
P
P(9)/A(18)
P
professional
offices
Residential and
Visitor
Accommodation
Uses
15
jDay Care
Day care facility,
.child or adult
=--- --- ---�_i
:Family day care
..............
u���
- ---
,Small (0 — 8 children or
P P P P
P
P P
adults)
Large (9 - 14 children)
CZ CZ CZ CZ
CZ �— CZ CZ
Large (9 — 14 adults)C
C C I C j
C C C
Day care center (15 or
CZ (9)
CZ CZ
CZ
CZ
CZ (9) CZ
more children or adults)
Footnotes:
(9) Use allowed on Fourth Street frontage only in a rear ground level demised space behind a
separate retail demised space with a separate entrance or on the second floor or above.
(18) Office use on the Fourth Street frontage is limited to customer -service office use only.
See Section 14.17.050 (Offices and financial institutions in the Fourth Street retail core
and the West End Village).
DIVISION 23: Table 14.05.030 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
Table 14.05.030
GC NC O C/O R/O FBWC Additional
_...........
� Standards
Minimum 15% 10% 25% ( NR 10% 15% (I)(J)(K)(L)
landscaping
DIVISION 24: Table 14.05.032 of the San Rafael Municipal Code is hereby amended to
read as follows:
Table 14.05.032
4SRC HO CSMU 2/3 2/3 WEV 5/M Additional
MUE MUW R/O Standards
Maximum Height 36-54 46-66 36-54 54 36-42 30-36 42 (F),(G),(H),(I)
of Structure (ft.) (102'
Cths. Sq.)
DIVISION 25: Table 14.06.020 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
16
Types of Land Use
Industrial Uses
Dry boat storage
Mini -storage
Offices and Related
Uses
Check -cashing, money -
wiring and foreign
currency exchange
services
Commercial Uses
Food and beverage
establishments
Catering
Motor vehicle sales and
service (including
automobiles,
motorcycles, trailers,
trucks and recreational
vehicles)
Rentals
Towing businesses
Table 14.06.020
LI/O CCl/O LMU Additional Use Regulations
.._.� _l C 1
P P P P ,See 14.16.150(G)(4) for FAR exception.
',For lots facing Hwy 101 or 580 or the
!Bay, mini -storage use must be located
;behind an active streetfront or bayfront
fuse.
F__ F
P Pf
i
CZ CZ CZ CZ See Chapter 10.84
C C C C
DIVISION 26: Section 14.07.020(B) of the San Rafael Municipal Code is hereby amended
to read as follows:
B. A master use permit or individual use permits may be required to establish specific uses on
the property consistent with general plan land uses and parking standards. A master use permit
shall be required for nonresidential, phased and/or multi -tenant development.
DIVISION 27: Section 14.07.030(C) of the San Rafael Municipal Code is hereby amended
to read as follows:
C. Nonresidential Intensity. Nonresidential development shall not exceed floor area
ratios as specified in the general plan, except in the downtown where a one (1) time ten
percent (10%) bonus may apply for business expansion.
DIVISION 28: Table 14.08.020 of the San Rafael Municipal Code is hereby amended to
read as follows [partial listing]:
17
Type of Land Use
.Residential and Visitor
Accommodation Uses
Multifamily residential
Table 14.08.020
M Additional Use Regulations
A
DIVISION 29: Section 14.12.030 of the San Rafael Municipal Code is hereby amended to
read as follows:
E. Ridgeline Development. Development of new structures within one hundred (100)
vertical feet of a visually significant ridgeline, as shown on the Community Design Map of
the general plan, is prohibited unless this restriction precludes all reasonable economic use
of the property. Exception: An exception to the ridgeline regulation may be granted if the
decision-making body makes the findings that:
1. There are no site development alternatives which avoid ridgeline development; and,
2. The density has been reduced to the minimum allowed by the general plan land use
designation density range; and,
3. No new subdivision lots are created which will result in ridgeline development; and,
4. The proposed development will not have significant adverse visual impacts due to
modifications for height, bulk, design, size, location, siting and landscaping which avoid
or minimize the visual impacts of the development as viewed from all public viewing
areas.
F. Parking requirements. On streets less than twenty-six (26) feet wide, a minimum of
two additional on-site parking spaces shall be provided (not on the driveway apron). These
spaces should be conveniently placed relative to the dwelling unit which they
predominately serve. This requirement may be waived or reduced by the hearing body
when the size or shape of the lot or the need for excessive grading or tree removal make
the requirement infeasible.
DIVISION 30: Section 14.14.030 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.14.030 Design review of roof modifications. Modifications which increase the
height of roof structures by more than six inches (6") or change the roof pitch, including
the creation of raised or sloping roofs, covered atriums that exceed the existing roof height,
clerestories or exposed exterior ducting, but excluding the addition of solar collectors,
shall be subject to design review as set forth in Section 14.25.040(C). The measurement
of the increase in roof height for building additions shall be made from the immediately
adjacent roof elevations.
DIVISION 31: Section 14.16.030 of the San Rafael Municipal Code is hereby amended to
read as follows:
H. Concessions or incentives for Residential Development Projects
1. Density Bonus. Upon a separate application by an applicant for a residential
development project of five (5) or more units, including such residential development projects
that include as a component of the development a land donation or construction of a child care
18
facility, or for a senior citizen housing development as defined in California Civil Code Section
51.3, the City shall grant a density bonus, as well as an additional concession or incentive,
consistent with the requirements of California Government Code Section 65915. The applicant
may request a lesser density bonus than that which is available to the project under Section
65915; however, the City shall not be required to similarly reduce the number of units required
to be dedicated pursuant to Section 65915(b). In calculating the density bonus for a project, each
project shall be entitled to only one density bonus, to be selected based on the percentage of units
dedicated pursuant to Section 65915(b). Density bonuses from more than one income category
may not be combined.
2. The City may, at its sole discretion, grant a density bonus exceeding the state minimum
requirements where the applicant agrees to construct a greater number of affordable housing
units than required pursuant to Section 14.16.030(B)(2) and necessary to qualify for the density
bonus under this section. If such additional density bonus is granted by the City and accepted by
the applicant, the additional density bonus shall be considered an additional concession or
incentive for purposes of Section 65915.
3. For purposes of this Section, a concession or incentive shall mean any reduction in site
development standards or any modification of zoning or architectural design requirements
necessary pursuant to California Government Code Sections 65915(d)(3) or 65915(e) to
facilitate the construction of the residential development project at the densities provided for in
Section 65915. Concessions or incentives shall also include, but not be limited to, the following
categories:
a. Concessions Not Requiring Financial Pro Forma from Applicant. The following
concessions and incentives shall be available to the applicant without any requirement that the
applicant demonstrate to the City that the requested concession or incentive results in
identifiable, financially sufficient, and actual cost reductions to the project pursuant to California
Government Code Section 65915(1):
i. Parking Concessions. The following maximum parking standards, inclusive of
handicapped and guest parking, shall apply to the entire project:
0-1 bedroom dwelling unit: 1 onsite parking space;
2-3 bedroom dwelling unit: 2 onsite parking spaces;
4 or more bedroom dwelling unit: 2.5 parking spaces;
Except that, for residential development projects in the Downtown Parking Assessment District
or in Downtown areas outside the assessment district, the parking requirements set forth in
Section 14.18.040 and 14.04.060 shall apply. For purposes of this section, on-site parking may
be provided through tandem parking or uncovered parking.
ii. Waiver of planning and building fees subject to City Council Resolution 11025;
iii. Height bonuses as identified and listed in Exhibit 9 of the General Plan 2020 Land Use
Element;
iv. Up to a 20% deviation from yard set back requirements, with each deviation counting as
one (1) concession or incentive;
v. Up to a 20% deviation for lot coverage requirements;
vi. Up to a 20% reduction in landscape requirements;
b. Concessions Requiring Financial Pro Forma from Applicant. The following concessions
and incentives, when requested by the applicant, shall require the applicant to demonstrate to the
City Council that the requested concession or incentive results in identifiable, financially
sufficient, and actual cost reductions to the project pursuant to California Government Code
Section 65915(1):
19
L Reduction in the minimum requirements of any of the following: lot area; lot width;
setbacks; distance between residential structures; usable outdoor space; private yard area;
landscape requirements, including for parking lots; and architectural design requirements that
exceed the minimum building standards established by local or state building code standards.
ii. Increases in the maximum requirements, above the levels identified in Section
14.16.030(H)(3)(a), for any of the following: lot coverage; building height; percentage of
compact parking spaces; floor area ratio for non-residential development; fence height; and sign
area or maximum dimensions.
iii. Reduced parking space dimensions, driveway width, parking aisle width, garage and
carport dimensions; location of parking spaces within setback areas; and reduced bicycle parking
requirements.
iv. For hillside parcels: increase in maximum gross building size on hillside parcels;
decrease in proportion of required natural state; and exception for development within 100
vertical feet of a Visually Significant Ridgeline for hillside parcels;
v. Any other reduction or waiver in site development standards or modification of zoning or
architectural design requirements necessary pursuant to California Government Code Sections
65915(d)(3) or 65915(e), or any other proposed concession or incentive not identified in Section
14.16.030(H)(3)(a).
Each of the concessions or incentives identified in Section (H)(3)(b) shall require the approval of
the City Council.
4. An application for a density bonus, incentive, concession, waiver, modification, or
revised parking standard pursuant to this Section shall be submitted in conjunction with the
project application and shall be processed concurrently with all other applications required for
the project in the manner provided for in Division 5 of Title 14 of the City's code. The cost of
reviewing any required pro forma data submitted as part of the application in support of a request
for a concession or incentive, including but not limited to the cost to the City of hiring a
consultant to review said pro forma, shall be borne by the applicant. The application shall be
submitted on a form provided by the City and shall include, at a minimum, the following
information:
a. A site plan showing the total number of units, the number and location of the units
dedicated pursuant to California Government Code Section 65915(b), and the number and
location of the proposed density bonus units;
b. The level of affordability of the dedicated units;
c. A description of any requested incentives, concessions, waivers or modifications of
development standards, or modified parking standards. If the applicant is requesting concessions
or incentives identified in Section 14.16.030(H)(3)(b), the application shall also include pro
forma information demonstrating to the City that the requested concession or incentive results in
an identifiable, financially sufficient, and actual cost reduction. Where the applicant is
requesting the modification or waiver of a development standard or a zoning or architectural
design requirement, the applicant shall submit evidence demonstrating that the application of the
subject standard or requirement would preclude construction of the project at the densities
provided for in California Government Code Section 65915 and that the waiver or modification
is necessary to make development of the project financially feasible.
d. If a density bonus is requested for a land donation pursuant to California Government
Code Section 65915(h), the application shall show the location of the land to be dedicated and
provide evidence that the requirements of Section 65915(h) have been met, thus entitling the
project to the requested density bonus.
20
e. If a density bonus is requested for construction of a child care facility pursuant to
California Government Code Section 65915(1), the application shall show the location and
square footage of the proposed facility and provide evidence that the requirements of Section
65915(1) have been met, thus entitling the project to the requested density bonus.
Table 14.16.030-1 Summary of State Density Bonus Requirements
The state density bonus law is codified at California Government Code Section 65915. In
general, it requires the City to grant a density bonus, as well as certain concessions and
incentives, to qualifying residential development projects. The following chart provides a general
overview of the requirements:
Type of Units* % of Dedicated Density Bonus** Concessions or
Units Incentives
Lower Income 10% 20% 1
(1.5% increase in density bonus for every 1% of dedicated units over 10% threshold
(max 35% density bonus)
Very Low Income
20% 35%
30% or above 35%
5% 20%
(2.5% increase in density bonus for every 1% increase in dedicated units over 5%
threshold (max 35% density bonus)
10% 33% 2
Moderate (condominium*** or
planned development
only)****
15% or above 35%
10% 5%
(1% increase in density bonus for each 1% increase in dedicated units over 10%
threshold (max 25% density bonus)
1 20% 15% 2
30% or above 1 25%
* Section 65915 applies only to proposed developments of five (5) or more units
** Section 65915(g) defines a "density bonus" as "a density increase of at least 20 percent, unless
a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of the general plan as of the
date of the application by the applicant to the local government."
* * * Pursuant to California Civil Code Section 1351, a "condominium project" means a
development consisting of condominiums. A condominium consists of an undivided interest in
common in a portion of real property coupled with a separate interest in space called a unit, the
boundaries of which are described on a recorded final map, parcel map, or condominium plan in
sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled
with air, earth, or water, or any combination thereof, and need not be physically attached to land
except by easements for access and, if necessary, support. The description of the unit may refer to
(1) boundaries described in the recorded final map, parcel map, or condominium plan, (2)
physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of
a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any
combination thereof. The portion or portions of the real property held in undivided interest may
be all of the real property, except for the separate interests, or may include a particular three -
21
dimensional portion thereof, the boundaries of which are described on a recorded final map,
parcel map, or condominium plan. The area within these boundaries may be filled with air, earth,
or water, or any combination thereof, and need not be physically attached to land except by
easements for access and, if necessary, support. An individual condominium within a
condominium project may include, in addition, a separate interest in other portions of the real
property.
**** Pursuant to California Civil Code Section 1351, a "planned development" means a
development (other than a community apartment project, a condominium project, or a stock
cooperative) having either or both of the following features: (1) The common area is owned either
by an association or in common by the owners of the separate interests who possess appurtenant
rights to the beneficial use and enjoyment of the common area. (2) A power exists in the
association to enforce an obligation of an owner of a separate interest with respect to the
beneficial use and enjoyment of the common area by means of an assessment which may become
a lien upon the separate interests in accordance with Section 1367 or 1367.1.
In addition, a developer/applicant can also qualify for a mandated density bonus in the following
situations:
Table 14.16.030-2 Summary of State Density Bonus Requirements
Project Threshold Density Bonus Concession or Incentive
Senior Housing 35 Units dedicated to 20% 1
senior housing as defined
in Civil Code §§ 51.3 &
51.12
I. General Requirements — Non -Residential Development Projects.
1. Application. 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 and conversion of residential square footage to non-
residential use, subject to the following exceptions:
a. Any project involving new construction 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 January 5, 2005; 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 prior to January 5,
2005 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. Project 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 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
22
Table 14.16.030-3. Any decimal fraction greater than 0.50 shall be interpreted as requiring one
additional dwelling unit. For uses not listed in Table 14.16.030-3, the Community Development
Director shall determine the number of affordable 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.
Table 14.16.030-3
Number of New Very -low, Low and Moderate Income Units Required for New
Nonresidential Development
Development Type
Office2 or Research and Development uses
Retail, Restaurant or Personal Service uses
Manufacturing or Light Industrial uses
Warehouse uses
Hotel or motel uses3
Number of New Very -low, Low and
Moderate Income Units
(per 1,000 square feet of gross floor area)
0.03
0.0225
0.01625
0.00875
0.0075
'. Floor area excludes all areas permanently used for vehicle parking.
2. 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.
DIVISION 32: Section 14.16.070 (Conversion or demolition of dwelling units) of the
San Rafael Municipal Code is hereby deleted.
DIVISION 33: Section 14.16.090 (Density bonus) of the San Rafael Municipal Code is
hereby deleted.
DIVISION 34: Section 14.16.130 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.16.130 Exclusions to the required minimum yards.
Architectural features such as fireplaces, cornices, eaves and canopies may extend no
more than two feet (T) into any required yard. Open uncovered porches, decks, landing
places or outside stairways may project no more than three feet (3') into any required side
and/or rear yard, and no more than six feet (6) into any required front yard. Open,
uncovered decks under twelve inches (12") in height may be allowed within required
yards. Fountains, statues and other decorative yard improvements, under four feet (4') in
height may be allowed within the required front yard, and under six feet (6') in height may
be allowed within required side and rear yards.
DIVISION 35: Sections 14.16.130(C) and (E) of the San Rafael Municipal Code are hereby
amended to read as follows:
23
C. Permits Required. Fences over six feet (6) shall be subject to administrative
environmental and design review, Chapter 14.25. Note: A building permit is required for
fences over six feet (6) in height.
D. Replacement of Fences. A nonconforming fence is subject to the following
regulations:
1. Ordinary maintenance and repairs may be made to a nonconforming fence as
required to keep the fence in sound condition.
2. Alterations and additions may be made to a nonconforming fence provided that such
addition or alteration is consistent with the fence provisions.
3. No nonconforming fence shall be moved unless at its new location it conforms to
the fence provisions.
4. A nonconforming fence may be replaced only if made to conform to the fence
provisions.
E. Prohibited Materials. In all districts, concertina wire, razor wire, broken glass on
top of a fence, and electrified fences are prohibited. Barbed wire shall not be permitted
where abutting residential uses. In residential districts, wire mesh, chain link and similar
fences are prohibited within any yard which fronts a public street, right-of-way or
waterway, except as may be required as an environmental mitigation measure.
DIVISION 36: Section 14.16.210 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.16.210 Historic Preservation. Alteration of a structure on a landmark site or in a
historic district may be subject to a certificate of appropriateness and review by the planning
commission, consistent with the requirements of Chapter 2.18, Historic Preservation, of the
municipal code.
DIVISION 37: Section 14.16.279 is hereby added to the San Rafael Municipal Code to read
as follows:
14.16.279 Relocation assistance.
A. Purpose. The purpose of this Chapter is to mitigate the impact of development
projects which displace low-income tenants from their residences by requiring applicants
to provide certain limited relocation assistance to such tenants.
B. Application. This Section shall apply to any development project which will
result in displaced persons. This Section shall not apply to any development project which
is subject to a legal requirement for the provision of relocation assistance under any
provision of federal or state law.
C. Notice. The owner of the real property subject to the development project shall
give any displaced person written notice at least sixty (60) days in advance of the date such
displaced person is required to vacate the real property. The notice shall be delivered
personally or by first class certified mail. The notice shall specify the date on which the
real property is to be vacated, include the following statement and attach a copy of current
county median income levels provided by the community development department:
The City of San Rafael requires property owners to provide certain assistance to
low-income tenants who are forced to move because of development of the property.
You are eligible to receive this assistance if you can establish that you or your family
qualify under the attached income levels. To qualify for relocation assistance you must
write the following statement on a piece of paper and sign it: "I declare under penalty of
perjury that my annual income (or that of my family if they reside with me) meets the
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income limits for a low-income household." You must return this signed statement to
the owner no later than two weeks following the date you received this notice.
D. Relocation assistance. The owner shall provide to each displaced person who
declares that he or she is a low-income tenant, no later than thirty (30) days prior to the
date of such displacement, the following:
1. A referral to the Marin Housing Assist Line to obtain a list of low-income rental
housing units available in the area; and
2. The sum equal to two times the current monthly rental of the real property being
vacated, payable in cash, provided that the owner is only required to make one such
payment for each dwelling unit on the real property. If more than one person or family in
a single dwelling unit files a declaration that they are a low-income tenant, the payment
shall be pro -rated based on the number of households.
E. Revocation of permits. Failure to comply with any provision of this Section shall
be grounds for revocation of any permit or other approval issued by the City in relation to
the development project, subject to the procedures established by this code for revocation
of the permit or other approval in question.
DIVISION 38: Section 14.16.280 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.16.280 Satellite dishes in residential districts.
The intent of these regulations is to locate satellite dishes where they are least visible
from public rights-of-way in the vicinity, while not burdening adjacent property owners
with adverse visual impacts. The intent is not to impose unreasonable limitations on
reception, although the city recognizes that to ensure aesthetic values, perfect and/or
unlimited reception may not be possible. To ensure that satellite dishes do not have an
adverse impact on the public safety and aesthetic values in the city's residential
neighborhoods, installation of satellite dishes in excess of forty inches (40") in diameter
shall meet the following standards.
A. Only one (1) satellite dish is permitted on a lot.
B. Location in any required yard adjacent to a street is prohibited unless the dish is not
visible from the street.
C. The satellite dish shall meet the setback and height requirements for accessory
structures, except that any satellite dish which is higher than eight feet (8') shall meet the
setback requirements for the district.
D. The satellite dish shall be mounted on the ground.
E. The satellite dish shall be screened from view from a public or private street.
F. The satellite dish shall be finished in a color to blend in with the immediate
surroundings.
Requests for modifications from the above standards will be referred to the planning
commission for review and determination.
DIVISION 39: Section 14.16.285(C)(9) of the San Rafael Municipal Code is hereby
amended to read as follows:
9. Architectural Compatibility. Construction of second dwelling units that entail
exterior expansion or modification of the principal residential structure or accessory
building, or construction of a new building, shall be subject to the following design
criteria:
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a. The second dwelling unit construction shall incorporate the same or similar exterior
materials, including window style, as the structure containing the principal residence;
b. The second dwelling unit construction shall incorporate the same or similar exterior
colors and architectural detailing as the structure containing the principal residence;
c. The second dwelling unit construction shall incorporate the same or similar roof
pitch as the structure containing the principal residence; and
d. Separate entrances to the principal residence and the second dwelling unit are
required and may not be located on the same exterior building elevation which is most
parallel to the front property line.
e. The construction or alteration of second dwelling units in the following locations
shall be subject to the issuance of an environmental and design review permit consistent
with the requirements of Sections 14.25.030 and 14.25.040(B), and the review criteria
contained in Section 14.25.050(F)(6):
1. Upper story additions to the structure containing the principal residence which
exceed five hundred (500) square feet,
2. Second dwelling units which are located above the ground floor in a separate or
accessory structure, or
3. Second dwelling units which are located within a separate or accessory structure
within the side or rear setbacks.
f. The construction or alteration of second dwelling units on residential lots with
slopes over twenty-five percent (25%) which entail exterior modifications to existing
structures or construction of a new building shall be subject to the issuance of an
environmental and design review permit consistent with the requirements of Chapters
14.12 and 14.25.
DIVISION 40: Sections 14.17.100 (B) and (C) of the San Rafael Municipal Code are hereby
amended to read as follows:
B. Applicability. Performance standards for residential uses in commercial districts shall be
applied through an administrative use permit in the 4SRC, HO, 2/3 MUE and MUW, CSMU,
WEV, NC, GC, O, FBWC, C/O, and M Districts or through a use permit in the NC district.
C. Standards.
1. Location. In the 4SRC and WEV districts, residential units may be located above
the ground floor, and on rear portions of the ground. Location of residential units in the 2/3
MUE and MUW, GC, FBWC, HO, C/O, CSMU and NC districts shall be determined
through project review.
2. Access. Residential units shall have a separate and secured entrance and exit.
3. Parking. Residential parking shall comply with Chapter 14.18, Parking Standards.
4. Noise. Residential units shall meet the residential noise standards in Section
14.16.260, Noise Standards.
5. Lighting. All exterior lighting shall be sufficient to establish a sense of well-being to
the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable
distance. Type and placement of lighting shall be to the satisfaction of the police
department. The minimum of one (1) foot candle at ground level shall be provided in all
exterior doorways and vehicle parking areas.
6. Refuse Storage and Location. An adequate refuse storage area shall be provided for
the residential use.
7. Location of new residential units shall consider existing surrounding uses in order to
minimize impacts from existing uses.
8. Boarding house. A boarding house shall comply with the following requirements:
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a. Provision of a management plan to ensure twenty-four (24) hour on-site
management, security and any necessary social services;
b. Provision of usable outdoor area consistent with the requirements of the district in
which it is located.
9. Live/Work Quarters. The purpose of live/work quarters is to allow residential use in
a commercial district with the intent of permitting people to live in a work environment.
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.
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. All living areas must be suitable for residential purposes, as determined by the
building inspector.
e. At least one (1) of the residents of a live/work quarters shall be required to have a
city business license.
f. The site is free of hazardous materials, as determined by the fire department.
g. 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.
DIVISION 41: Section 14.18.120 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.18.120 Tandem parking prohibition. Tandem parking is prohibited, unless approved
under A, B, C or D below:
A. Under Section 14.18.150, Alternate parking locations for uses with insufficient parking,
B. With an environmental and design review permit under the Hillside Residential Design
Guidelines Manual,
C. For a second dwelling unit as provided for in Section 14.16.285(C)(8), or
D. As a concession granted for residential projects which include sufficient affordable
housing units as provided for in Section 14.16.030(H)(3)(a)(i).
DIVISION 42: Section 14.18.240 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.18.240 Grandfathered parking.
A. No use of land lawfully existing on the effective date of the ordinance codified in
this title shall be considered nonconforming solely because of the lack of off-street
parking, loading or bicycle facilities prescribed in this chapter.
B. The number of existing required parking spaces may be reduced to achieve
compliance with state or federal disabled access requirements. In such instances,
properties shall not be considered nonconforming solely because of the lack of off-street
parking prescribed by this chapter.
C. For additions or enlargements of any existing building or use, or any change of
occupancy or manner of operation that would increase the number of parking, loading or
bicycle spaces required, additional parking shall be required for such addition,
enlargement or change. Where parking for an existing use is substandard, improvements to
improve or upgrade the parking may also be required where feasible.
D. A nonconforming structure which has been damaged or destroyed more than
seventy-five percent (75%) and which is rebuilt to its original condition must provide
f►lJ
parking equivalent to prior existing parking. Where parking was substandard,
improvements to improve or upgrade the parking may also be required where feasible.
E. Determination of the amount of parking improvements required to upgrade or
improve existing substandard parking conditions shall be made by the planning director or
the appropriate hearing review body. Such determination shall consider the size of the
proposed addition in relation to the existing development, off-site parking conditions and
site constraints.
DIVISION 43: Section 14.19.070 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.19.070 Temporary Signs.
E. Temporary Banners. Banners may be displayed by businesses and uses on a temporary
basis in all zoning districts except in the Single -Family Residential, Duplex Residential and
Multiple -Family Residential districts, subject to the following permit requirements and criteria:
1. A Sign Permit is required and must be obtained prior to the display of a temporary
banner. The submittal requirements for a Sign Permit for temporary banners are as follows:
a. A complete application form.
b. A photograph of the site showing the proposed location of the banner(s).
c. Three (3) sets of drawings denoting the banner, the location of the banner as it would
appear on the building or property, the total banner area (length and width), the linear street
frontage of the business or use for multiple -tenant buildings, proposed illumination and method of
banner attachment. These drawings need not be prepared by a professional architect or
draftsperson, but shall include all appropriate dimensions and/or scale.
d. A completed and signed (by the business owner) pre -citation form noting the term or
duration of time for display of the banner.
e. The required application fee for an administrative -level Sign Permit.
2. All temporary banners shall comply with the following criteria:
a. One banner, up to a maximum size of 32 square feet is permitted per business or use
frontage. Businesses or uses with two frontages are permitted two (2) banners authorized under
one Sign Permit, provided that both banners have the same beginning and expiration dates, are
each placed on separate frontages, and neither banner exceeds 32 square feet. Temporary banners
shall be excluded from the calculations of the maximum, total permanent sign area for a business
or use permitted by the Sign Ordinance (San Rafael Municipal Code Title 14, Chapter 19).
b. No banner, in whole or in part, shall include, via attachment or any other means,
windblown devices intended to attract attention such as posters, pennants, ribbons, streamers,
strings of light bulbs, spinners, balloons, or other inflatable objects.
c. Temporary banners may be displayed for a maximum of 60 days per calendar year,
which can occur all at once or in increments. A separate Sign Permit shall be required for each
increment. Extensions of an approved Sign Permit for a temporary banner may be granted
provided that the banner does not change, the extension request is received in writing no less than
two (2) working days prior to expiration, and the maximum 60 -day time limit for display is not
exceeded.
d. Banners shall be attached to the building. However, where a business or use is set back
from the street, or where public visibility of the entrance of a business or use is limited or
impaired, a freestanding banner, supported by a temporary frame, may be placed on-site, between
the property line and the building entrance, in a landscaped or paved area.
e. No banner shall project above the eave line of the building.
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f. If any part of the banner projects over public property, public right-of-way, or public
easement, a minimum vertical clearance of eight (8) feet, measured from grade shall be
maintained, provided that an encroachment permit or license agreement has been obtained for
said projection.
g. A banner may project a maximum of four (4) feet from the outer surface of the building
(e.g., a banner placed on an awning), provided that it does not project to within two (2) feet of the
curb line of the street or vehicular roadway.
h. If a banner is illuminated, the illumination shall be located and directed so that it does not
create glare, or be capable of reflecting light or directing such light onto or into any adjoining or
nearby lot, structure or public right-of-way. When spotlights or floodlights are used to illuminate
a banner, a reflector shall be provided with proper shields or glass lenses concentrating
illumination upon the area of the banner, so as to prevent glare upon the street, sidewalk or
adjacent property. Flashing lights that change color or intensity are prohibited. All lighting shall
comply with National Electric Code (NEC) requirements.
i. Banners shall be permitted for announcement or advertisement associated with the on-
site business or use only. This requirement shall be tenant -specific for multiple -tenant buildings.
j. Banners shall comply with the sign location and placement provisions of the Sign
Ordinance (San Rafael Municipal Code Section 14.19.053(b) and (c)), which prohibits signs from
obstructing exits, windows and safety equipment, and requires that signs maintain adequate sight
distance.
k. As regulated by Section I4.19.080(f), (h) and (1), banners are prohibited from displaying
statements, words or pictures that are obscene or offensive to morals, are imitative of official
signs, or are likely to cause traffic confusion or traffic hazard.
DIVISION 44: Section 14.19.080 of the San Rafael Municipal Code is hereby amended to
read as follows:
A prohibited sign is a sign that is not permitted under the provisions of this chapter.
The city may require the removal or abatement of a prohibited sign. Failure of a property
owner to remove or abate a prohibited sign after service by the city of written
notification/order to do so, shall be deemed a violation of this chapter. The compliance
date for prohibited signs shall be set by the Community Development Director or
designee, based upon a reasonable amount of time to correct the violation. Notices
required to be given in this chapter shall be served on the sign owner or permittee in
accordance with the provisions of Section 1.08.060 of this code. The failure of any person
to receive any notice required under this chapter shall not affect the validity of any
proceedings concerning violation of this chapter. The following types of signs and devices
are prohibited:
DIVISION 45: Section 14.21.020 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.21.020 Applicability.
Uses identified in the Land Use Tables as "A" shall be subject to administrative use permit
review.
DIVISION 46: Section 14.24.020 of the San Rafael Municipal Code is hereby amended to
read as follows:
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14.24.020 Authority.
The planning director shall approve, conditionally approve or deny applications for exceptions.
The planning director shall review and decide the following types of exceptions to site
development standards which may be allowed:
A. Fence Height.
1. In any residential district the maximum height of any side or rear yard fence may be
increased by a maximum two feet (T), where topography of sloping sites or a difference in grade
between adjoining sites warrants such increase in height to maintain a level of privacy or
effectiveness of screening as generally provided by any such fence in similar circumstances.
2. In any residential district, the maximum height of any front yard fence may be increased by
a maximum two feet (T) to prevent access to natural or physical hazardous conditions either on
the lot or on an adjacent lot.
B. Setbacks. The minimum front setback may be decreased by not more than ten percent
(10%) and the side setback may be decreased by not more than one foot (1') in the R5 district.
The minimum front and side setbacks may be decreased by not more than 2.5 feet in the R7.5
district, and by not more than five feet (5') in the R10, R20, Rla and R2a districts. In any of the
above listed districts, the side setback shall not be decreased to less than three feet (3'). Rear yard
setbacks may be decreased by not more than ten percent (10%) in any residential district.
Setback exceptions shall only be allowed where the proposed setback area or yard is in character
with the surrounding neighborhood and is not required as an essential open space or recreational
amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.
C. Lot Coverage.
1. In any residential district, the maximum lot coverage may be increased by not more than
ten percent (10%) of the lot area, where such increases are necessary for significantly improved
site planning or architectural design, creation or maintenance of views, or otherwise facilitate
highly desirable features or amenities, and where such increases will not unreasonably affect
abutting sites.
2. For single-family residences situated in any residential district, an addition of up to 100
square feet of floor area may be permitted in conjunction with a request for an Environmental and
Design Review Permit for a "lift and fill" addition (i.e., raising an existing habitable floor space
to permit the creation of a new, single habitable floor area below), irrespective of the maximum
lot coverage restriction of the zoning district, where the Planning Director determines that the
floor area addition is necessary to permit circulation between the resultant stories of habitable
floor space. This exception shall not be available in conjunction with an exception pursuant to
subsection 1 above.
D. Maximum Upper Story Floor Area. For single-family residences situated in any
residential district, an addition of up to 100 square feet of floor area may be permitted in
conjunction with a request for an Environmental and Design Review Permit for a "lift and fill"
addition (i.e., raising an existing habitable floor space to permit the creation of a new, single
habitable floor area below), irrespective of the maximum upper story floor area restriction of the
zoning district, where the Planning Director determines that the floor area addition is necessary to
permit circulation between the resultant stories of habitable floor space.
E. Height. In all nonresidential zoning districts except the R/O district, building height may
be increased beyond the height limit where (1) additional building height is required for a special
use or function, and the building is designed specifically for that use, or (2) there are special
circumstances related to the site and topography which warrant the exception. For a public or
quasi -public structure, a higher height may be permitted where necessary for health or safety
purposes. In addition, in all cases, nonresidential height exceptions may only be approved where
scenic views are not adversely affected, and where exceptional design is provided. If the height
30
exception is more than five feet (5'), the exception must be approved by the planning commission
as part of approval of an environmental and design review permit.
F. Landscaping.
1. In multifamily residential districts, required buffer landscaping may be modified, subject to
review by the design review board, where innovative landscape design is proposed, where there
are special circumstances related to the site and where such modifications will ensure an adequate
buffer for adjacent properties.
2. In all nonresidential districts, the minimum landscaping percentages may be reduced for
remodel projects, subject to review by the design review board, where redevelopment or
remodeling is proposed and existing conditions are such that complying with the standard make it
infeasible to provide adequate parking.
G. Parking.
1. Minimum driveway width for a residential use may be reduced, subject to review by the
traffic engineer and the fire department. Driveway exceptions shall only be allowed where such
decrease will not unreasonably affect abutting sites or create a hazardous traffic condition, and
where there are special circumstances related to existing site conditions.
2. Minimum aisle width may be reduced, subject to review by the traffic engineer. Aisle
width exceptions shall only be allowed where such decrease will not create a hazardous traffic
condition, and where such reduction is necessary to provide for additional parking where existing
parking does not meet current standards.
3. In downtown residential projects, tandem parking may be allowed, subject to review by the
traffic engineer and the fire department, where necessary to accommodate the required parking
spaces, provided that the tandem spaces are assigned to the same unit and that the spaces are
located convenient to the unit.
4. In any single-family residential district, a recreational vehicle may be parked parallel to the
residence in the front yard where there is a curved or circular driveway or where there are special
and unique circumstances on the site because of topography or lot shape. Recreational vehicle
parking exceptions shall only be allowed where such parking is set back fifteen feet (15') from the
front property line and where it will not have an adverse visual impact on adjoining lots or lots
across the street.
DIVISION 47: Section 14.25.020 of the San Rafael Municipal Code is hereby amended to
add the following:
E. When, in the opinion of the planning director, any matter set forth in Section 14.25.040(A)
or (B) is insignificant or inconsequential, will have no detrimental impact on surrounding
properties or public vantage points, and is not a matter requiring the designated level of review, it
may be processed by the zoning administrator or planning director. In cases where the zoning
administrator or planning director process an application that would normally be reviewed by the
Planning Commission, a copy of the decision on the application will be forwarded to the Planning
Commission.
DIVISION 48: Section 14.25.030(B) of the San Rafael Municipal Code is hereby amended
to read as follows:
B. Preliminary Review. The applicant of a development subject to major environmental and
design review shall submit an application for preliminary review by the design review board.
Preliminary review focuses on the conceptual design approach, and gives both the design review
board and the applicant the opportunity to work together to achieve a quality design. Submittal
materials shall include a site plan and building elevations with sufficient detail to convey the
31
proposed design direction. Preliminary review is optional for development subject to minor
environmental and design review.
DIVISION 49: Section 14.25.040(C) of the San Rafael Municipal Code is hereby amended
to read as follows:
C. Administrative Design Permits.
1. Decks, or additions to existing decks, higher than thirty inches (30") above grade,
except for decks:
a. Less than a total of one hundred (100) square feet, or
b. Not visible from the public street or adjacent properties, or
c. Replacing an existing elevated deck with a deck of same size and configuration;
2. Outdoor eating areas;
3. Minor exterior alterations to a structure or development that have minimal impacts
on the visual character or function of the building or development;
4. Satellite dishes over the height limit in a multifamily or nonresidential district;
5. Fences over six feet (6), unless such fences are part of a development otherwise
subject to major or minor environmental and design review;
6. Exterior repainting and refinishing on a development which differs from that
previously approved through an environmental and design review permit or on structures
in the hillside area as identified in Section 14.12.020;
7. Development subject to review for an administrative design permit pursuant to any
other provision of this title.
DIVISION 50: Section 14.25.050(C) of the San Rafael Municipal Code is hereby amended
to read as follows:
C. Design Criteria. Review shall be guided by the following criteria to assure that, with
regard to buildings, structures and physical improvements, each proposed development shall
carry out the purposes of this chapter, the general plan policies and any design plans. Any or all
of the following criteria may, upon recommendation of the design review board, be waived by the
planning commission when the applicant has demonstrated that alternative design concepts carry
out the objectives of this chapter and where such development is consistent with the general plan.
Hillside residential design criteria may be waived by the city council with the following findings:
DIVISION 51: Section 14.25.050 (F) (2) of the San Rafael Municipal Code is hereby
amended to read as follows:
2. Materials and Colors. Materials and colors should be consistent with the context of the
surrounding area. To minimize contrast of the structure with its background as viewed
from the surrounding neighborhood, color selection shall coordinate with the
predominant colors and values of the surrounding landscape and architecture. High-
quality building materials are required. In hillside areas as identified in Section
14.12.020, natural materials and colors in the earthtone and wood tone range are
generally preferred. Other colors and materials may be used which are appropriate to the
architectural style, harmonious with the site and/or compatible with the character of the
surrounding environment.
a. Earthtone/wood tone colors are considered to be various natural shades of reddish -
brown, brown, grey, tan, ocher, umber, gold, sand, blue and green.
b. Natural materials include adobe, slump block, brick, stone, stucco, wood shakes,
shingles and siding, and tile roofs.
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c. Concrete surfaces shall be colored, textured, sculptured and/or patterned to serve a
design as well as a structural function.
d. Metal buildings, roofs, or finishes that develop an attractive oxidized finish (such as
copper or weathering steel) may be used. Unpainted metal, galvanized metal or metal
subject to rusting is discouraged.
e. Glare -reducing and color -harmonizing finishes may be required on glass surfaces when
they constitute fifty percent (50%) or more of a wall or building face, or when they
permit a view of pipes, utilities and other service units.
f. Reflective glass, such as mirror or glazed, is discouraged. Such glass may be prohibited
where it has an adverse impact, such as glare on pedestrian or automotive traffic or on
adjacent structures.
g. Roof materials shall minimize reflectivity.
DIVISION 52: Section 14.25.060 (C) of the San Rafael Municipal Code is hereby amended
to read as follows:
C. Administrative Environmental and Design Review Permit. Public notice and hearing are
not required for issuance of an administrative environmental and design review permit except for
development subject to Section 14.25.040(C)(9), modifications to properties in the EA overlay
district, which shall comply with the notice provisions in Chapter 14.29.
DIVISION 53: Section 14.25.070 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.25.070 Design Review Board.
A. Purpose and Authority. The Design Review Board shall serve as an advisory body to the
city for the purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits and on other design matters,
including minor physical improvements, referred to the board by the planning director, planning
commission or city council.
B. Membership of the Design Review Board. The design review board shall consist of a total
of five (5) regular members and may include one alternate member appointed by the city council.
The design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban design;
4. The alternate member may have qualifications in any of the above fields of expertise;
5. All Board members shall reside in the city of San Rafael; and
6. In addition to the five (5) Council -appointed Board members and one alternate member,
one planning commissioner shall attend board meetings. This liaison planning commissioner shall
be appointed by the commission chairperson. An additional commissioner shall be appointed to
serve as an "alternate liaison" in case of absence. The planning commission liaison should be
present at all design review board meetings to offer advice and direction to the board on matters
of commission concern.
C. Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member 1) leaves office prior to completion of the member's term, or 2) cannot attend a
meeting or 3) cannot participate on a particular matter due to a conflict of interest.
D. Term of Office. The term of office for each design review board member shall be four (4)
years. Of the members of the board first appointed, one shall be appointed for the term of one
year; one for the term of two (2) years; one for the term of three (3) years; and two (2) for the
term of four (4) years. The term of office for the alternate board member shall be four (4) years
concurrent with the term of the chairperson.
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E. Removal or Vacancy of Membership. Any member of the board or the alternate member
can be removed at any time by a majority vote by the city council. A vacancy shall be filled in the
same manner as the original appointment. The person appointed to fill a vacancy shall serve for
the remainder of the unexpired term.
F. Meetings. At least one regular design review board meeting shall be held each month on a
date selected by the board, unless there is no business to conduct.
G. Quorum. Three (3) of the members of the board, either regular members or two (2) regular
members and the alternate board member, shall be required to constitute a quorum for the
transaction of the business of the board and the affirmation vote of a majority of those present is
required to take any action.
H. Compensation of the Design Review Board. All members of the board shall serve as such
without compensation.
I. The design review board may adopt, and amend as necessary, Rules of Order to ensure
efficient and responsive board meetings.
DIVISION 54: Chapter 14.26 is hereby added to the San Rafael Municipal Code as follows:
Chapter 14.26
REQUESTS FOR REASONABLE ACCOMMODATION
Sections:
14.26.010
Purpose
14.26.020
Applicability
14.26.030
Application requirements
14.26.040
Review authority
14.26.050
Public notice
14.26.060
Findings and decision
14.26.070
Appeal of determination
14.26.010 Purpose.
This Chapter provides a procedure to request reasonable accommodation for persons with
disabilities seeking equal access to housing under the Federal Fair Housing Act and the California
Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use
regulations, policies and procedures.
14.26.020 Applicability.
A. Authorized applicants. A request for reasonable accommodation may be made by any
person with a disability, their representative or any entity, when the application of a zoning law or
other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A
person with a disability is a person who has a physical or mental impairment that limits or
substantially limits one or more major life activities, anyone who is regarded as having such
impairment or any who has a record of such impairment. This Chapter is intended to apply to
those persons who are defined as disabled under the Acts.
B. Elimination of regulatory barriers. A request for reasonable accommodation may include
a modification or exception to the rules, standards and practices for the siting, development and
use of housing or housing -related facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to housing of their choice. A request for reasonable
accommodation shall comply with Section 14.26.030 (Application requirements).
14.26.030 Application requirements.
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A. Application. A request for reasonable accommodation shall be initiated by submitting to
the community development department a completed application form, signed by the property
owner or authorized agent, accompanied by the required fee, and the following information
submitted in the form of a letter to the Community Development Director:
1. The applicant's name, address and telephone number;
2. Address of the property for which the request is being made;
3. The current use of the property;
4. The basis for the claim that the individual is considered disabled under the Acts;
5. The Zoning Code provision or other City regulation or policy from which reasonable
accommodation is being requested; and
6. An explanation of why the reasonable accommodation is necessary to make the specific
property accessible to the individual.
B. Review with other planning applications. If the project for which the request for
reasonable accommodation is being made also requires some other discretionary planning
approval (such as a Use Permit, Environmental and Design Review Permit, Zone Change,
General Plan Amendment or Subdivision), then the applicant shall file the information required
by subsection A together for concurrent review with the application(s) for discretionary approval.
14.26.040 Review authority.
A. Community Development Director. A request for reasonable accommodation shall be
reviewed by the Community Development Director if no planning approval is sought other than
the request for reasonable accommodation.
B. Other review authority. A request for reasonable accommodation submitted for
concurrent review with another discretionary planning approval shall be reviewed by the
authority reviewing the discretionary planning application.
14.26.050 Public notice.
Written notice that a request for reasonable accommodation has been filed shall be given as
follows:
A. Community Development Director authority. For a request subject to review by the
Community Development Director, a notice shall be mailed to the owners of record of all
properties which are immediately adjacent to the project which is the subject of the request at
least fifteen (15) days prior to the decision by the Director.
B. Other review authority. For a request made in conjunction with another discretionary
planning approval, notice shall be given in the manner prescribed for the other discretionary
planning application.
14.26.060 Findings and decision.
A. Findings. The written decision to grant or deny a request for reasonable accommodation
shall be consistent with the Acts and shall be based on consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual
with a disability under the Acts;
2. Whether the request for reasonable accommodation is necessary to make specific housing
available to an individual with a disability under the Acts;
3. Whether there is an alternative accommodation which may provide an equivalent level of
benefit;
4. Whether the requested accommodation would negatively impact surrounding uses or
properties;
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5. Whether the requested reasonable accommodation would impose an undue financial or
administrative burden on the City; and
6. Whether the requested reasonable accommodation would require a fundamental alteration
in the nature of a City program or law, including but not limited to land use and zoning.
B. Conditions of approval. In granting a request for reasonable accommodation, the
reviewing authority may impose any conditions of approval deemed reasonable and necessary to
ensure that the reasonable accommodation would comply with the findings required in Subsection
A.
14.26.070 Appeal of determination.
A determination by the review authority to grant or deny a request for reasonable
accommodation may be appealed in accordance with Chapter 14.28, Appeals.
DIVISION 55: Section 14.28.030 of the San Rafael Municipal Code is hereby amended to
read as follows:
14.28.030 Filing and time limit of appeals. An appeal under this Title 14 shall be filed in
the Planning Division within five (5) working days of the decision being contested, except that
where such an appeal is combined with an appeal of the same decision under Title 15 the appeal
shall be filed within ten (10) calendar days as provided under Section 15.01.040. Appeals shall
be made in writing and shall set forth the grounds for the appeal. Appeals shall be accompanied
by the required filing fee.
DIVISION 56: Section 14.30.060(B) of the San Rafael Municipal Code is hereby amended
to read as follows:
14.30.060 Enforcement Actions.
In addition to any other remedy provided for by law, the following types of
enforcement action may be taken with respect to any violation of this title or the terms and
conditions or any permit or approval:
A. The code enforcement officer, planning director or the planning director's
designated appointee(s) may institute proceedings as provided for in Section 14.30.070,
Revocation of discretionary permits, to revoke any permit or approval;
B. The code enforcement officer may issue a citation with fees as provided for in
Municipal Code Section 1.42.010;
C. The code enforcement officer, planning director, director of public works, city
attorney or any other city official designated by the city manager may institute nuisance
abatement proceedings as provided for in Municipal Code Chapters 1.16 and 1.20;
D. The city attorney may prosecute as a misdemeanor municipal code violations, in
accordance with Municipal Code Section 1.42.010.
DIVISION 57: Section 15.02.060(a) of the San Rafael Municipal Code is hereby amended
to read as follows:
15.02.060 Public hearing required.
(a) A public hearing before the planning commission shall be required for review and action
on all applications for a major subdivision. A notice of the public hearing shall be published in a
local newspaper of general circulation within the city at least fifteen (15) calendar days prior to
the scheduled public hearing date. Simultaneously, the notice shall be mailed to property owners
and non -owner occupants and tenants within three hundred feet (300') of the subject property,
pertinent utility services and districts, neighborhood organizations and special interest groups.
The subject property shall also be posted in accordance with San Rafael Municipal Code Section
14.29.020(B)(2).
DIVISION 58: Sections 15.03.060(b) and (c) of the San Rafael Municipal Code are hereby
amended to read as follows:
(b) Upon completion of the written report to the community development director, a notice
shall be mailed to property owners and non -owner occupants and tenants within three hundred
feet (300') of the subject property, pertinent utility services and districts, neighborhood
organizations and special interest groups, informing them of the subdivision committee's intent to
act on the application. The notice shall indicate that the subdivision committee will take action on
the application, on or after the date, which is fifteen (15) days following the date of the notice.
The subject property shall also be posted in accordance with San Rafael Municipal Code Section
14.29.020(B)(2).
(c) Following distribution of the notice, the department of community development shall
distribute the written report and a copy of the tentative map to the city engineer for review and a
recommendation to the community development director. Following receipt of the city engineer's
recommendation, the community development director shall review the written report and sign
four (4) copies of the tentative map, if approved. Approval of the minor subdivision by the
community development director shall not occur until after the fifteen (15) day courtesy review
period has passed.
DIVISION 59: Section 15.12.080(h) of the San Rafael Municipal Code is hereby amended
to read as follows:
(h) Moving expenses. The subdivider shall provide relocation assistance to displaced
households consistent with the requirements of Chapter 14.16.278 of this Code.
DIVISION 60: Section 17.30.010(D) of the San Rafael Municipal Code is hereby amended
to read as follows:
17.30.010 Speed Restrictions.
D. Violations of this section shall be penalized as provided in Section 1.42.010 of this code.
DIVISION 61: The Zoning Map of the San Rafael Municipal Code is hereby amended to
rezone the parcel known as 3240-3270 Kerner Boulevard (A -PN 009-280-07) from GC
(General Commercial) to LFO (Light Industrial/Office).
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DIVISION 62:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 63:
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this Ordinance shall be published within fifteen (15) days after adoption, together
with the names of the Council members voting for or against same, in the Marin Independent
Journal, a newspaper of general circulation, published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this Ordinance along with the names of those Council
members voting for or against the Ordinance.
eVALJ.O,"Mayor
ATTEST:
JE&E M. LEONCINI, City Clerk
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The foregoing Ordinance No. 1838 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, California, held on the 21 st day of November, 2005 and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 5th day of December, 2005.
4.
ANNE M. LEONCIl , City Clerk
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