HomeMy WebLinkAboutOrdinance 1663 (Our Vision of Downtown SR Zoning)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. 1663
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS 14.02, 14.03,
14.04, 14.05, 14.06, 14.08, 14.09, 14.10, 14.11, 14.12, 14.14, 14.16,
14.17, 14.18, 14.19, 14.22, 14.23, 14.24, AND 14.25, OF TITLE 14,
ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO IMPLEMENT OUR VISION OF
DOWNTOWN SAN RAFAEL AND MISCELLANEOUS CODE CLARIFICATIONS AND MAP
CORRECTIONS"
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 16th day of MAY,
1994, a summary, of Ordinance No. 1663 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael, and passed
and adopted as an ordinance of said City at a REGULAR meeting of the City Council of
said City held on the 6th day of JUNE. 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
WITNESS my hand and the official seal
of the City of San Rafael this
9th day of JUNE, 1994.
(SEAL) JEANN9/M. LEONCINI,i ty Clerk
ORDINANCE NO. 16 6 3
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
CHAPTERS 14.02,14.03,14.04,14.05,14.06,14.08,14.09,14.10,
14.11,14.12,14.14,14.16,14.17,14.18,14.19,14.22,14.23,14.24, AND
14.25, OF TITLE 14, ZONING, OF THE SAN RAFAEL
MUNICIPAL CODE TO IMPLEMENT OUR VISION OF
DOWNTOWN SAN RAFAEL AND MISCELLANEOUS CODE
CLARIFICATIONS AND MAP CORRECTIONS
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 1. Sections 14.02, 14.03, 14.04, 14.05, 14.06, 14.08, 14.09, 14.10, 14.11,
14.12, 14.14, 14.16, 14.17, 14.18, 14.19, 14.22, 14.23, 14.24, AND 14.25 are amended as
provided in the accompanying text and maps.
CHAPTER 14.02
ORGANIZATION, APPLICABILITY AND INTERPRETATIONS
Section 14.02.040 "Rules for Interpretation and Record-keeping" is amended to
include new text as follows:
14.02.040 C. Zoning Regulations. Where uncertainty exists regarding the
interpretation of any provision of this Title or its application to a specific site, the
Planning Director shall determine the intent of the provision. Where General Plan
policy indicates a site-specific use not otherwise allowed by the Zoning District, that
use may be allowed with a Use Permit, subject to the approval of the Planning
Commission.
CHAPTER 14.03
DEFINITIONS
Section 14.03. "Definitions" is amended to include new and amended definitions, to
read as follows:
14.03.030 Definitions
Boardin, house: A structure or portion thereof where rooms and/or meals for
three or more non -transient guests are provided for compensation. Such rooms do
not include complete cooking and sanitary facilities. Includes single room
occupancy development. Excludes the bona fide sharing of the rent or ownership
costs of housing and/or the sharing of expenses for meals.
Dwelling unit. second: An additional dwelling unit meeting defined standards
located on the same lot as a single family dwelling within a single family district.
Height: Height of a building is the vertical height as determined by the methods
in the latest edition of the Uniform Building Code adopted by the City. For
residential lots subject to the Hillside Residential Design Guidelines, the height of
all structures, fences and walls shall be measured vertically from the existing grade
to the uppermost point of the roof edge, wall parapet, mansard or other feature
perpendicular to that grade.
Laboratories: Establishments providing medical or dental laboratory services or
establishments providing photographic, analytical, or testing services.
Massage establishments Any establishment having a fixed place of business or
vehicle where any person engages in, conducts, carries on or permits to be engaged
in, conducted, or carried on as regular functions any method of pressure on, or
friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating,
manipulating, or stimulating the external parts of the human body with the hands
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or with the aid of any mechanical, electric apparatus, or other appliances or devices,
with or without such supplementary aids as rubbing alcohol, liniment, antiseptic,
oil, powder, cream, lotion, ointment, or similar preparations.
Research and development induce;, Establishments primarily engaged in the
research, development, and controlled production of high-technology electronic,
industrial or scientific products or commodities for sale, but prohibits uses that may
be objectionable in the opinion of the hearing body, by reason of production of
offensive odor, dust, noise, vibration, or storage of hazardous materials. This
classification includes biotechnology firms, and manufacturing of nontoxic
computer components.
Research and development services: Establishments primarily engaged in
industrial or scientific research, including limited product testing. Includes electron
research firms or pharmaceutical research laboratories, but excludes manufacturing,
except of prototypes, or medical testing and analysis.
Slove, average: The average slope of a parcel shall be calculated using the
following formula:
S — .00229 IL
A
where S is the average percent of slope; .00229 is the conversion factor for square
feet; I is the interval in feet; L is the summation of length of the contour lines in
scale feet; and, A is the area of the parcel in acres.
Structure: Anything constructed or erected that requires a location on the ground,
including a building or public utility,. but not including a fence or wall used as a
fence if the height does not exceed 6 feet, retaining walls under three feet, in -ground
swimming pools, parking lots and access drives or walks.
CHAPTER 4
RESIDENTIAL DISTRICTS (R, DR, MR, HR)
Section 14.04 "Residential Districts (R, DR, MR, HR)" is amended to include the new
and amended text, to read as follows:
14.04.020 Land Use Regulations (R, DR, MR, HR, PD)
P: Permitted by right: C: Conditional Use Permit: A: Administrative Use Permit; Blank: Not Allowed
Type of Land Use R DR MR HR PD Additional Use
Regulations
Residential Uses
Animal Keeping C C C C C See standards - Chapter 17;
See Municipal Code 6.04
14.04.03 Property Development Standards (R)
Note: See Chapter 16 (Site and Use Reeulations) for additional regulations
pertaining to trip allocations and other site development standards. See Chapter 23,
(Variances) and Chapter (24) (Exceptions) for allowable adjustments to these
standards. See Chapter 25 (Environmental and Desien Review Permits) for listings
of improvements subject to review (including upper story additions). neighborhood
and design plans, and design criteria for development.
14.04.040 Property Development Standards (DR, MR, HR)
(B) Parking and maneuvering areas, excluding access driveways, shall be prohibited
in all required rear and side yards, per section 14.18.200.
!WR
Note: See Chapter 16 (Site and Use Regulations) for additional regulations
pertaining to trip allocations and other site development standards,Chapter 23
(Variances), Chapter (24) (Exceptions) for allowable adjustments to these standards
and Chapter 25 (Environmental and Design Review Permits) for listings of
improvements subject to review (including upper story additions), neighborhood
and design plans, and design criteria for development.
CHAPTER 5
COMMERCIAL AND OFFICE DISTRICTS (GC, NC, O, DCC, C/O, R/O, FBWC)
Section 14.05 "Commercial and Office Districts (GC, NC, O, DCC, C/O, R/O, FBWC)"
is amended to include new and amended text, to read as follows:
14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, R/O, FBWC)
P: Permitted by rieht: C: Conditional Use Permit: A: Administrative Use Permit: Blank: Not Allowed
Type of Land Use
Commercial USPS
Animal Sales and Services,
excluding exterior kennels, pens or
runs
Animal Care Facilities
Animal Retail Sales
Coffee Roasters
Food and Beverage Service
Establishments
Food Service Establishment (with
or without incidental serving of
beer or wine), without a cocktail
lounge, live entertainment, and/or
dancing:
(1) 1,000 sf or less in size
(2) More than 1,000 sf in size
Food and Beverage Stores
Bakeries, retail (and ancillary
food services)
Personal Service Establishments
Barber shops/beauty salon
Massage Establishments
GC NC O DCC C/O R/O FBWC
C
C
C
C
P
P
P
P
C
C
C
P
P
P
P
P
P C
P
C
C
P
P
C C
P
P
P
P
P
P C
P
P
P*
P
P
P C
P
P
P
Recreation Facilities (indoors)
Bowling Alleys C C C
Retail
Additional Use
Regulations
See Municipal Code
10.24
See Municipal Code
8.34
See Municipal Code
10.32
Auctions P P P See Municipal Code
10.16
Second Hand Stores and Pawn C C C See Municipal Code
Shops 10.20
Transportation Facilities
Taxi Stations C C C See Municipal Code
10.60
14.05.030 Property Development Standards (GC, NC, O, DCC, C/O, R/O, FBWC)
(B) Where the frontage of a block is partially in an R District, the front yard shall
be the same as required for the R District, and when the side and/or rear of
the lot(s) abuts an R District, the respective side and or rear yard shall be 10
feet. Parking or maneuvering shall be permitted within the required side and
rear yards provided that a minimum 6 ft. wide landscape buffer area,
excluding curbs, is provided adjacent to the side and rear property lines.
Note: See Chapter 16 (Site and Use Regulations) for additional regulations
pertaining to floor area ratio. trip allocations, and site development standards. See
Chapter 23 (Variances) and Chapter 24 (Exceptions) for allowable adjustments to
these standards, and Chapter 25 (Environmental and Design Review Permits) for
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listings of improvements subject to review, neighborhood and design plans, and
design criteria for development.
CHAPTER 6
INDUSTRIAL DISTRICTS (I, LI/O, CCI/O)
Section 14.06 "Industrial Districts (I, LI/O, CCI/O)" is amended to include new and
amended text, to read as follows:
14.06.020 Land Use Regulations (I, LI/O, CCl/O)
P: Permitted by right: C: Conditional Use Permit: A: Administrative Use Permit: Blank: Not Allowed
Type of Land Use I LI/O CCl/O Additional Use Regulations
Industrial Uses
Research and development industry C C
Research and development services P P
Solid Waste Management (collection, C See Municipal Code 10.72
disposal)
Office and Related Uses
Offices, general C* C** C *5,000 sq. ft. or less
** See Section 14.16.150 (B)-2
Commercial Uses_
Coffee Roasters P P P
Motor vehicle sales and service (including
automobiles, motorcycles, trailers, trucks,
and recreational vehicles)
Towing businesses C C See Municipal Code 10.84
Wrecking Yards C See Municipal Code 10.52
Personal Service Establishments
Barber shops/beauty salon P P
Transportation Facilities
Taxi Stations C C C See Municipal Code 10.60
14.06.030 Property Development Standards (I, LI/O, CCI/O)
(B) Parking and maneuvering shall be permitted within the required side and rear
yards provided that a minimum 6 ft. wide landscape buffer area, excluding curbs, is
provided adjacent to the side and rear property lines.
CHAPTER 8
MARINE -RELATED DISTRICTS (M. MC)
Section 14.08 "Marine -Related Districts (M, MC)" is amended to include new text, to
read as follows:
14.08.030 Property Development Standards (M, MC)
Note: See Chapter 16 (Site and Use Regulations) for additional regulations
pertaining_ to floor area Iratior, trip allocations, and site development standards. See
Chapters 23 (Variances) and 24 (Exceptions) for allowable adjustments to these
standards. See Chapter 25 (Environmental and Design Review Permits) for listing
of improvements subiect to review, neig_ hborhood and desig_ n plans, and desig_ n
criteria for development.
CHAPTER 9
PUBLIC / OUASI-PUBLIC (P / OP)
Section 14.09 "Public/Quasi-Public (PQ/P)" is amended to include new text, to read
as follows:
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14.09.030 Property Development Standards (P/QP)
Note: See Chapter 16 (Site and Use Regulations) for additional regulations
pertaining_ to floor area ratio, trip allocations, and site development standards. See
Chapters 23 (Variances) and 24 (Exceptions) for allowable adjustments to these
standards. See Chanter 25 (Environmental and Design Review Permits) for listing
of improvements subject to review, neighborhood and design plans, and design
criteria for develovment.
CHAPTER 10
PARKS/OPEN SPACE DISTRICT (P/OS)
Section 14.10 "Parks/Open Space District (P/OS)" is amended to include new text, to
read as follows:
14.10.030 Property Development Standards (P/OS)
Note: See Chapter 16 (Site and Use Regulations) for additional regulations
vertainine to floor area ratio, trio allocations, and site development standards. See
Chanters 23 (Variances) and 24 (Excevtions) for allowable adjustments to these
standards. See Chanter 25 (Environmental and Design Review Permits) for listing
of improvements subject to review, neighborhood and design plans, and design
criteria for develovment.
CHAPTER 11
WATER DISTRICT (W)
Section 14.11 "Water District (W)" is amended to include new text, to read as
follows:
14.11.030 Property Development Standards (W)
Note: See Chanter 16 (Site and Use Regulations) for additional regulations
vertainine to floor area ratio, trio allocations, and site develovment standards. See
Chapters 23 (Variances) and 24 (Exceptions) for allowable adjustments to these,
standards. See Chanter 25 (Environmental and Design Review Permits) for listing
of improvements subject to review, neighborhood and design plans, and design
criteria for development. v
CHAPTER 12
HILLSIDE DEVELOPMENT OVERLAY DISTRICT (-H)
Section 14.12 "Hillside Development Overlay District (-H)" is amended to include
new text, to read as follows:
14.12.040 Exceptions to Property Development Standards
Exceptions to the property development standards may be approved by the City
Council, upon the recommendation of the Design Review Board and the Planning
Commission, when the applicant has demonstrated that alternative design concepts
carry out the objectives of this Chapter and are consistent with the General Plan
based on the following criteria:
A. The project design alternative meets the stated objectives of the Hillside Design
Guidelines to preserve the inherent characteristics of hillside sites, display
sensitivity to the natural hillside setting and compatibility with nearby hillside
neighborhoods, and maintain a strong relationship to the natural setting; and
B. Alternative design solutions which minimize grading, retain more of the project
site in its natural state, minimize visual impacts, protect significant trees, or
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protect natural resources result in a demonstrably superior project with greater
sensitivity to the natural setting and compatibility with and sensitivity to nearby
structures.
CHAPTER 14
DOWNTOWN REVIEW OVERLAY DISTRICT (-D)
Section 14.14 "Downtown Review Overlay District (-D)" is amended to include new
text, to read as follows:
14.14.050 Downtown Design Criteria
C. Project design elements and approaches are encouraged to include:
1. Site design which minimizes conflict between automobile and pedestrian
circulation; minimizes parking lots and driveways on streets in the DCC
District; and, utilizes alleys and short streets as opportunities for service
vehicle access, for open areas such as pocket parks, and for off-street
circulation.
2. Pedestrian -oriented design incorporating such improvements as special
pavement treatment; awnings, benches, plazas, fountains, public art, frequent
entrances, and/or offsets; balconies, interior passageways and courtyards,
covered walkways, and outdoor dining or seating.
3. Building elevations which provide a minimum of 75 percent clear glass
facade on the ground level on pedestrian -oriented streets as identified on
Community Design Map B of the General Plan, and a minimum of 50 percent
clear glass facade on the ground level on other streets; landscaping for
unadorned or blank walls; design treatment of visible building elevations; a
cornice line compatible with adjacent structures; and glazing and fenestration
to create interest.
4. On Fourth Street, landscape improvements which provide seasonal color,
such as plants and flowering trees.
5. New parking structures should have retail uses where feasible on a portion of
the ground floor, and/or are encouraged to have direct linkages to adjacent
buildings, streets and alleys where appropriate.
CHAPTER 16
SITE AND USE REGULATIONS
Section 14.16 "Site and Use Regulations" is amended to include new and amended
text, to read as follows:
14.16.090 Density Bonus
A. A density bonus may be granted for residential and mixed-use developments
only in the Medium Density Residential (MR) and High Density Residential
(HR) Districts in the following limited instances:
1. Affordable Housing: A density bonus may be granted for development in
the Medium and High Density Residential Districts and in the Commercial
and Office Districts which allow residential uses, consistent with State law
and with the General Plan.
2. Lincoln Avenue Housing: For residential development on Lincoln
Avenue on lots greater than 150 feet in width and 20,000 square feet in size,
the Planning Commission may grant a 25 percent density bonus and a 48 foot
MZ
height limit for development with an exceptional design providing for a
varied front elevation and underground parking.
B. Density Bonuses may be granted in Low Density Residential Districts for senior
housing projects which are:
1. Exclusively affordable for 40 or more years to very low, low or low and
moderate income households, with at least 40 percent for very low or low
income households; and
2. On flat sites (less than 10% slope), more than one acre in area, within 1,500
feet of transit stops and services such as grocery and pharmacies., and
3. Designed in consideration of neighborhood scale including, but not limited
to, limiting building height to 30 feet, and applying design techniques to make
any apparent massing of the proposed project compatible with the
surrounding neighborhood; and
4. The project shall provide adequate parking (Chapter 18); and
5. Affordable senior housing projects receiving density bonuses in low density
residential districts shall be approved only if adequate trip allocations,
including bonus trips, are available and are assigned to the project site
consistent with the circulation policies of the General Plan.
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 into any required yard. Open uncovered porches, landing places
or outside stairways may project no more than three feet into any required side
and/or rear yard, and no more than six feet into any required front yard. Fountains,
statues and other decorative yard improvements, under four feet in height, may be
allowed within the required front yard.
14.16.140 Fences
A. The following height limitations shall apply to height of fences and walls:
1. Residential Districts. Fences not exceeding four feet in height may be
located within the front or street side yard, provided that at least 80 percent of
any portion of the fence above three feet in height is open and non -view
obscuring. Fences not exceeding eight feet in height may be located in a side
or rear yard. Minor decorative entryway treatments, such as a trellis arch or a
lattice arch, are permitted within the front or street side yard, provided that
there is no vehicular view obstruction.
14.16.220 Home Occupations
C. Standards. Home occupations are permitted residential accessory uses in any
zoning district which allows single-family, duplex or multiple -family residential
uses provided that all of the following standards are met:
5. The home occupation(s) shall be operated to allow no more than one client at
a time on-site. Appointments shall be scheduled at reasonable intervals to
maintain a low intensity use and avoid client waits. The home occupation(s)
may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time. One vehicle, associated with the home
occupation(s), may be kept on-site, within a designated parking area, and shall
not exceed 2.5 gross tons in unladen vehicle weight provided that the
business vehicle license number shall be indicated on the Certificate of Use
and Occupancy Permit - Home Occupation or similar.
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14.16.230 Lot Consolidation When Development Occurs
Where a development project is constructed on more than one adjoining lot, the
owner or owners of such lots must merge such lots into a single lot when the
building is proposed to cross the property line of the adjoining lots. The lots shall
be merged prior to issuance of a building permit.
14.16.250 Motor Vehicle Maintenance and Storage in Residential Districts
H. A person may store a vehicle(s) which cannot be legally, safely, and mechanically
operated upon a public highway provided that:
3. On a multifamily lot, the vehicle is located on a paved designated parking
space(s).
14.16.350 Trip Allocations
A. Purpose. Trip allocations maintain Level of Service traffic standards adopted by
the City. Undeveloped and underdeveloped lots of land in the most traffic
sensitive areas of the City (North San Rafael, Northgate and East San
Rafael/Francisco Boulevard West as shown in Section 14.16.150) are provided
"trip allocations" in the General Plan Appendices. These trip allocations
represent an equitable proportion of P. M. peak hour area trips which would
achieve traffic Level of Service standards. Properties in traffic -sensitive areas are
considered fully developed unless provided trip allocations in the General Plan
Appendices.
New development is limited by trip allocations in addition to property
development standards. Trip allocations may limit the development potential
of a lot, even in cases where it appears that additional residential units or
nonresidential floor area is allowed based on property development standards
alone. In the Industrial Districts in the Northgate, East San Rafael, and Francisco
Boulevard West areas, office and light industrial /office buildings may contain up
to 15 percent incidental employee -serving retail and services uses without
modification of trip allocations.
In the Light Industrial/ Office Districts, where no additional trips have been
allocated in the General Plan Appendices, existing uses may change provided
that there is no intensification of traffic generated by the use.
CHAPTER 17
PERFORMANCE STANDARDS
Section 14.17 "Performance Standards" is amended to include new and amended
text, to read as follows:
14.17.050 Offices and Financial Institutions in the Downtown Core Commercial
District
A. Purposes. The purpose of these standards is to allow in the DCC at street level
limited office and financial bank services which support an active retail
environment. First floor offices and financial institutions in the Downtown
Core Commercial District (DCC) are intended to promote an active environment
supportive of retail uses. In addition, to foster a pedestrian -oriented streetscape,
exterior design of new or remodeled offices and financial institutions shall
comply with the design requirements of the Downtown Review Overlay District.
B. Applicability. Performance standards for new offices, banks and financial
institutions at ground level, street frontage locations shall apply in the
Downtown Core Commercial District (DCC District). The Court House Square
WE
office building located on the block bounded by Fourth Street, "A" Street, Fifth
Avenue, and Court Street is exempt from this Section.
Performance standards for offices and financial institutions shall be administered
through the administrative use permit process.
Existing street -level offices and financial institutions in the DCC District as of
January 1, 1991 shall be grandfathered -in at their existing locations for the
purposes of these performance standards. All new offices and financial
institutions at street level street frontage in the DCC District shall comply with
the following standards.
C. Standards.
New office and financial institutions at street level, street frontage locations shall
comply with the following:
1. The customer service square footage of a general office use and/or the square
footage of the customer -oriented retail banking operations of a financial
institution is permitted on the street frontage in the DCC District if it meets
the following criteria:
a. There is high customer turnover,
b. There is a large volume of pedestrian traffic,
c. Windows and signs are oriented toward pedestrians,
d. Activities are provided which can be considered part of a multi -stop trip,
and
e. Non -customer -oriented office square footage for the use is located on the
rear ground level or second floor or above.
2. Exterior design of new or remodeled food service establishments, offices, or
financial institutions shall maintain a pedestrian -oriented streetscape as
specified in Chapter 14 (Downtown Review Overlay District).
14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction With Food
Service Establishments
C.4. Parking. Parking shall be provided for all permanent seating. Seasonal
outdoor seating requires no additional parking. Seasonal outdoor seating
may be utilized from March through November. Other outdoor seating shall
be considered permanent and shall require additional parking.
14.17.130 Temporary Uses
B. Applicability.
Temporary uses may be subject to additional permits, other City Department
approvals, licenses, and inspections as required by applicable laws or regulations.
Temporary uses which may have specific regulations specified in the Municipal
Code include such uses as: Meetings, Assemblies and Parades in Public Places
(Section 5.70) and Carnivals, Circuses (Section 10.44).
CHAPTER 18
PARKING STANDARDS
Section 14.18 "Parking Standards" is amended to include new and amended text, to
read as follows:
WE
14.18.140 Access to Public Right -of -Way
D. Encroachment Permit Reauired. An Encroachment Permit is required from
the Public Works Department for work done in the public right-of-way. (Note:
See Section 11.04 of the Municipal Code).
14.18.190 Recreational Vehicle Parking in Residential Districts
In any of the following locations, parking of recreational vehicles, camper shells,
trailers, boats and other similar equipment, when parked or stored incidental to the
basic residential use of the property is permitted for loading, unloading and storage
purposes providing it does not obstruct the view of pedestrians and vehicles on the
adjacent sidewalk and/or street and does not otherwise constitute a nuisance.
A. For single-family and duplex residential units. Recreational vehicle parking is
permitted:
1. Within the garage, carport or parking space required by the zone in which the
use is located; or
2. In the front yard setback when on the driveway to the garage, carport or
parking spaces required by the zone; or
3. In the front yard setback between the existing driveway and the side property
line when the distance between the two is no greater than 12 feet at any point;
or
4. In rear yards, interior side yards or other areas not defined as "yards"
providing the unit is partially or fully screened as viewed from off-street by a
solid fence that conforms to the permitted height limits, vegetation,
structures or topography.
5. Recreational vehicles shall be parked in an orderly manner, generally
perpendicular to the street. Parking parallel to the front property line is
prohibited.
6. No part of the recreational vehicle shall extend over the public sidewalk or
right-of-way.
7. The parking space and connecting driveway shall be surfaced with gravel,
concrete, asphalt or similar materials.
14.18.200 Location of Parking and Maneuvering Areas
Parking or maneuvering areas, excluding access driveways, shall be prohibited in all
required yard areas in the Medium and High Density Residential Districts.
CHAPTER 19
SIGNS
Section 14.19 "Signs" is amended to include the new and amended text, to read as
follows:
14.19.020 What is Permitted
All commercial signs require a sign permit from the Planning Department or the
Planning Commission (see Section 14.19.050) unless specifically exempted. A site
specific sign program may be permitted if approved by the Planning Commission
(see Section 14.19.050). Noncommercial signs shall conform to these regulations
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regarding location, number, type, square footage, total signage and all other
requirements of this chapter, unless otherwise specified, but shall not require a
permit from the City.
14.19.020
A. Sign Standards by Land Use or Purpose - By Specific Use or Purpose
SIZE LIMITATIONS AND
SPECIAL CONDITIONS
Prohibited except as
allowed under Section
14.19.030-B.3
C� C.1 Allowance. The maximum number of signs allowable per street frontage is
two. These may be in any combination except that a business may not have:
14.19.030 What is Prohibited
B. Moving signs having one or more combination of the following characteristics
are prohibited:
3. Windblown devices and signs whose movements are designed to attract
attention, such as banners, posters, pennants, ribbons, streamers, strings of
light bulbs, spinners, balloons or other inflated objects, or reflective
attachments to sign faces with the exception of (1) banners announcing
opening of a new business and (2) across -the -street banners advertising events
of general interest to the public, which events are conducted by nonprofit
organizations and the proceeds, if any, from such events are to be used for
charitable or civic purposes, subject to standards and fees as set by Resolution
of the City Council and obtaining an Administrative Environmental and
Design Review Permit. (NOTE: An Encroachment Permit may be required).
14.19.050 Permit Procedure
A. Permit required. Except as otherwise provided in Title 14 of the Code, it shall
be unlawful for any person to erect, alter, or relocate a sign within the city
without first obtaining a permit or permits from the Planning Department or the
Planning Commission as required by this Chapter. This permit procedure shall
not apply to noncommercial signs.
The establishment of a Sign Program shall be an alternative to the sign
standards contained in this Chapter. Signs within such a Sign Program may be
permitted although not conforming to all requirements of this Chapter in order
to achieve aesthetic compatibility of signs within a project, simple review process
for individual signs and to allow design creativity. The use of a Sign Program
may allow some flexibility in number and size and in the placement of signs.
D. Who approves sign application. The Planning Director shall approve
applications which comply with the standards and requirements of this Chapter.
The Planning Director may withhold approval on any application which does
not comply with the standards, provisions, exceptions, prohibitions, or purposes
enunciated in this ordinance. The Planning Commission will review all
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Banners
SIZE LIMITATIONS AND
SPECIAL CONDITIONS
Prohibited except as
allowed under Section
14.19.030-B.3
C� C.1 Allowance. The maximum number of signs allowable per street frontage is
two. These may be in any combination except that a business may not have:
14.19.030 What is Prohibited
B. Moving signs having one or more combination of the following characteristics
are prohibited:
3. Windblown devices and signs whose movements are designed to attract
attention, such as banners, posters, pennants, ribbons, streamers, strings of
light bulbs, spinners, balloons or other inflated objects, or reflective
attachments to sign faces with the exception of (1) banners announcing
opening of a new business and (2) across -the -street banners advertising events
of general interest to the public, which events are conducted by nonprofit
organizations and the proceeds, if any, from such events are to be used for
charitable or civic purposes, subject to standards and fees as set by Resolution
of the City Council and obtaining an Administrative Environmental and
Design Review Permit. (NOTE: An Encroachment Permit may be required).
14.19.050 Permit Procedure
A. Permit required. Except as otherwise provided in Title 14 of the Code, it shall
be unlawful for any person to erect, alter, or relocate a sign within the city
without first obtaining a permit or permits from the Planning Department or the
Planning Commission as required by this Chapter. This permit procedure shall
not apply to noncommercial signs.
The establishment of a Sign Program shall be an alternative to the sign
standards contained in this Chapter. Signs within such a Sign Program may be
permitted although not conforming to all requirements of this Chapter in order
to achieve aesthetic compatibility of signs within a project, simple review process
for individual signs and to allow design creativity. The use of a Sign Program
may allow some flexibility in number and size and in the placement of signs.
D. Who approves sign application. The Planning Director shall approve
applications which comply with the standards and requirements of this Chapter.
The Planning Director may withhold approval on any application which does
not comply with the standards, provisions, exceptions, prohibitions, or purposes
enunciated in this ordinance. The Planning Commission will review all
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applications where a sign program or an adjustment is requested. Amendments
to an approved sign program or adjustment can be granted by the Planning
Director when such an amendment is determined to be minor and would not
change the general scope or nature of the program.
E. Criteria for avvroval or disapproval. In processing sign applications and sign
programs, the following standards shall be used:
1. If the sign is consistent with the purposes and provisions of this chapter and
conforms to the standards, exceptions, prohibitions of this chapter, or an
approved sign program the sign shall be approved.
2. If the sign is in conflict with the purposes and/or provisions of this chapter,
and/or does not conform to the standards, exceptions and/or prohibitions of
this chapter, the sign application shall be disapproved.
3. The Planning Commission may approve an application for a sign program if
the following findings can be made:
a. Signs within the sign program shall have one or more common design
elements such as, colors, materials, illumination, sign type, sign shape,
letter size and letter type.
b. The sign program shall show that the proposed signs are in harmony with
the materials, colors, architecture, and other design features of the
buildings they identify.
c. The sign program has been reviewed and recommended by the Design
Review Board.
14.19.100 Definitions
Sign Program: A program providing a coordinated signing plan for a business or
contiguous group of businesses and utilizing one or more common elements such
as colors, materials, lettering, illumination, sign type, and sign shape.
CHAPTER 22
USE PERMITS
Section 14.22 "Use Permits" is amended to include new and amended text, to read as
follows:
14.22.020 Authority
B. The Zoning Administrator may hear and decide the following types of Use
Permit applications:
28. Business, trade, performing arts, and vocational schools.
29. Coffee roasters.
30. Convenience markets.
31. Individual uses, not a part of a multi -lot or multi -tenant development, in
the Francisco Boulevard West Commercial (FBWC) District.
32. Hardware stores in the I, CCI/O, and I/O Districts.
33. Motor vehicle sales, with 5 or fewer new or used automobiles on-site.
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14.22.060 Public Notice and Hearing
B. Notice shall be given in the following manner:
La. Mailed notice to property owners within 300 feet of the subject property.
CHAPTER 23
VARIANCES
Section 14.23 "Variances" is amended to include new and amended text, to read as
follows:
14.23.020 Authority
The Zoning Administrator shall hear all variance applications except variances
applications that are a part of a project being heard at a higher level;
however, when in the opinion of the Planning Director, any matter
that is judged not to be a routine matter, shall be heard by the Planning
Commission.
14.23.050 Public Notice and Hearing
B.1.a. Mailed notice to property owners within 300 feet of the subject property;
CHAPTER 24
EXCEPTIONS
Section 14.24 "Exceptions" is amended to include new and amended text, to read as
follows:
14.24.020 Authority
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, 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.
E. Landscaving.,
2. In all non-residential 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.
F. 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
abuting sites or create a hazardous traffic condition, and where there are
special circumstances relating 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.
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3. In Downtown residential redevelopment projects, tandem parking may be
allowed, subject to review by the Traffic Engineer and the Fire Department,
only where necessary to accommodate the required parking spaces and where
a parking assignment system is provided.
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 setback 15 feet from the front
property line and where it will not have an adverse visual impact on
adjoining lots or lots across the street.
CHAPTER 25
DESIGN REVIEW
Section 14.25 "Design Review" is amended to include new and amended text, to
read as follows:
14.25.040 Improvements Subject to Review
B. Minor vhvsical improvements.
1. New construction and modifications, including but not limited to:
C. Administrative Desien Permits.
1. New single-family residences when located on a flag lot.
2. All new two-story single-family residential structures and upper story
additions over 500 square feet in size or any modification that results in
lifting the existing ground level floor of a residence to construct a new ground
level floor (lift and fill) located on single-family or duplex residential lots.
(See 14.25.050(F)6 for design criteria). NOTE: Such additions or modifications
to structures on lots in the Hillside Development Overlay District or on lots
with an average slope over 25 percent are subject to Section 14.25.040B(1)a.
14.25.050 Review Criteria
E.6. Utilitv service. Utility connections shall be installed underground. Proposed
method of sanitary sewage disposal for all buildings shall be indicated. Refuse
collection areas shall be screened and located in areas convenient both to users
and to persons who make collections. There shall be adequate ingress and
egress to all utilities. (NOTE: Recycling facilities must meet standard of
Resolution 93-57)
F.6.a. Size limits. On a lot less than 5,000 square feet, an upper story addition shall
be a maximum of 50 percent of the maximum allowable amount of the floor
below. On a lot larger than 5,000 square feet, an upper story addition shall be a
maximum 75 percent of the maximum allowable amount of the floor below.
The maximum allowable floor area below, on the ground level, is based on
the maximum lot coverage for the district.
F.6.e. Outside stairways. Outside stairways to upper stories shall be designed as
modest structures which do not dominate the facade of the building. Second
story additions shall be an extension of the existing residence with internal
circulation connecting to the existing structure and shall have no locking
doors acting as an entrance for a second unit. The design of the addition
must reflect that the addition is an extension of the existing residence (See
Section 14.17.120 for Second Unit standards).
ace
DIVISION 2. 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 section, subsection, sentence,
clause, or phrase be declared invalid.
DIVISION 3. This ordinance is for the preservation of the public health, safety, and
welfare in that the amendments incorporate the ideas and concepts of Our Vision of
Downtown; recommendations from a citizens committee regarding RV parking; are
consistent with recent General Plan Amendments; and provide clarification and
cross-references to other City Ordinances to make the document easier to use.
DIVISION 4. A summary of this ordinance shall be published and a certified copy
of the full text of this ordinance shall be posted in the office of the City Clerk at least
five (5) days prior to the Council Meeting at which it is adopted.
This ordinance shall be in full force and effective thirty (30) days after its final
passage, and the summary of this ordinance shall be published within fifteen (15)
days after the adoption, together with the names of the Councilmembers voting for
or against same, in the Independent journal, a newspaper of general circulation
published in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of
the City Clerk, a certified copy of the full text of this ordinance along with the names
of those Councilmembers voting for and against the ordinance.
ALBtkTr_4ORO
Mayor
ATTEST:
JE4hU M. LEONCINI
City Clerk
The foregoing Charter Ordinance No. 1663 was read and introduced at a Regular
Meeting of the City Council of the City of San Rafael held on the 16th day of May,
1994, and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & 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 6th day of Tune. 1994.
JEW. LEONCIIVI
City Clerk
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