HomeMy WebLinkAboutOrdinance 1610 (Hillside Residential Design Guidelines)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. 16.10. entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08,
CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO
TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE
PROVISIONS OF THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES"
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 SEVENTH. day of
nrTnRFR , 1991, 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 21ST day of OCTOBER , 1991, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner & Shippey
WITNESS my hand and the official seal
of the City of San Rafael this
22ND day of OCTOBER ,
1991.
JEAN kLF11CI I, City Clerk
ORDINANCE NO. 1610
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER
14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65
TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO
INCORPORATE PROVISIONS OF THE HILLSIDE RESIDENTIAL DESIGN
GUIDELINES
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Sections 14.08, 14.11, 14.75 and Section 14.65 are amended as
follows:
CHAPTER 14.08
DEFINITIONS
Section 14.08 "Definitions" is amended to include new and amended
definitions, to read as follows:
14.08.030 B
BUILDING STEPBACK: A limitation on the height of structures within the
building envelope which is required to avoid excessive building bulk viewed
from downhill lots and front and street side elevations.
14.08.080 G
GROSS BUILDING SQUARE FOOTAGE, HILLSIDE AREAS: The sum of all
enclosed or covered areas of each floor or all structures on the site, measured
to the exterior of the enclosing walls, columns or posts including basement
areas, unfinished attic or loft spaces and other areas capable of being finished
into usable space as determined by the Uniform Building Code; garages and
carport areas 6 feet above the natural grade, measured to the exterior face of
surrounding walls, columns, or posts; other roofs or covered areas supported
by walls, columns or posts and capable of being enclosed, measured to the
exterior face of surrounding walls, columns or posts; roof penthouses; and
accessory structures greater than 120 square feet in floor area. Excluded are
areas permanently open to the sky; exterior areas under roof eaves, trellises or
cantilevered overhangs; and attic spaces and underfloor spaces that are not
capable of being finished into usable space.
14.08.090 H
HEIGHT OF BUILDING: Height of a building is the vertical height as
determined by the methods prescribed in the latest edition of the Uniform
Building Code adopted by the city. An exception to this standard is made on
residential projects located on slopes over 25%. On these projects, 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.
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14.08.150 N
NATURAL STATE: All portions of lots that remain undeveloped and
undisturbed. Grading, excavating, filling and/or the construction of
roadways, driveways, parking areas and structures are prohibited. Incidental
minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas
and planting and landscaping which enhances the natural environment are
permitted when approved through an Environmental and Design Review
Permit.
Section 14.11, Environmental and Design Review, is amended to include
provisions for review of hillside residential development to read as follows:
CHAPTER 14.11
ENVIRONMENTAL AND DESIGN REVIEW
14.11.010 PURPOSE (No changes proposed)
14.11.020 MATTERS SUBJECT TO REVIEW
A. The following items shall be subject to environmental and design
review permits, whether or not a building permit is required,
unless exempt therefrom in Section 14.11.03 below.
1. Major physical improvements: All new buildings and
structures, modifications to existing buildings including any
relocation, exterior addition, extension or demolition, and
other physical improvements which are considered to be
major in nature. Major physical improvements would include
but not be limited to:
a. Any structure located within 100 vertical feet of a ridgeline.
b. Condominiums, townhouses, apartments and any other
multifamily residences.
c Offices, commercial and industrial buildings and structures.
d. Marinas and yacht harbors.
e. Religious, fraternal, social, cultural, public, quasi -public and
similar buildings and structures.
f. Land improvements: grading or filling of land, removal of
natural ground cover, vegetation or trees, installation of
fences, retaining walls, walkways, curbs. (Note: See Use
Permit requirements under Section 14.75.020 g. where the
principal use proposed is grading or filling.)
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g. Subdivisions located on slopes over 25% or with a General
Plan land use designation of Hillside Residential or Hillside
Resource Residential.
h. Signs: when submitted simultaneously with plans for any
of the improvements listed above or when including the
use of non -concealed neon not within a window per
Section 14.12.020.E.2.b.
2. Minor physical improvements: All new buildings and
structures, modifications to existing buildings including any
relocation, exterior addition, extension or demolition, and
other physical improvements considered to be minor in
nature. Minor physical improvements would include but not
be limited to:
a. The siting and style of single family residences and duplexes
when located on a lot that does not have frontage on a public
street but has an overall grade of fifteen percent or more.
b. Landscaping: including vegetation, sprinkler system and low
level lighting.
c. Parking and loading areas: driveways, curb cuts and other
street connections.
d. Painting and colors: exterior textures and colors on new
construction or the first time existing construction is finished
with a color or colored material; thereafter on repainting and
refinishing only if colors not on approved
earthtone/woodtone list are proposed to be used. 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.
e. Exterior lighting.
f. Elevated decks for single family or duplex residences when
the deck is higher than three feet above grade except that
decks of less than 100 square fed and decks which are fully
cantilevered from a building shall not be subject to review. A
design review permit is not required for an elevated deck
when:
(1) the deck is not visible from the public street or adjacent
properties;
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(2) when an existing elevated deck is being replaced with
deck of same size and configuration. If an addition to
existing deck is proposed and the total square feet is
greater than 100 square feet, a design review permit is
required.
g. Minor on-site drainage improvements.
h. All other minor exterior ornamental or functional changes.
L Dwelling unit additions to existing apartment complexes
provided that such additions meet the following:
(1) the unit addition does not constitute more than 20% of
the total number of units;
(2) where the addition is consistent with the General Plan
and spatial requirements of the zoning district in which
the property is located;
(3) all parking has been met;
(4) there are no major changes to the building footprint or
design.
j. Any new residence and accessory structure, including
additions over 500 square feet in size or any modification
that increases the height of the roof line, located on
residential parcels with slopes over 25% or located in the
Hillside Resource Residential and Hillside Residential
General Plan land use categories.
B. Authority: The Planning Commission, Zoning Administrator and
Planning Director have the authority to approve, conditionally
approve or deny environmental and design review permits. This
authority is identified as follows:
1. Planning Commission: The Planning Commission has the
authority to approve, conditionally approve, deny or refer to
the City Council all environmental and design review
applications that are considered to be "major" identified under
Section 14.11.02A(1)a through h and any other projects on
which the Planning Commission may have retained
jurisdiction on modifications or future applications. Projects
which have both major and minor improvement components
shall be heard by the Planning Commission.
2. Zoning Administrator: The Zoning Administrator has the
authority to approve, conditionally approve, deny or refer to
the Planning Commission those environmental and design
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review applications identified under Section 14.82.030 and item
14.11.020.A.2.j.
3. Planning Director: The Planning Director has the authority to
approve, conditionally approve, deny or refer to the Planning
Commission those environmental and design review
applications that are considered to be "minor" under Section
14.11.02A(2) a through i and not identified under the authority
of the Zoning Administrator (Section 14.82.030(d).
14.11.030 MATTERS EXEMPT FROM REVIEW
(no changes proposed in this section)
14.11.040 REQUIRED INFORMATION
A. All plans shall be drawn to scale and accurately dimensioned unless
substitute media are acceptable to the staff.
B. The listed items of information may be submitted on separate sheets
or combined in such manner as will facilitate clarity of
interpretation and presentation.
C. In accordance with the requirements and procedures set for the
Chapter 14.10 of this title, the applicant shall submit the
information listed in this Section. The Planning Director may
require that additional information be submitted or may waive the
submission of listed information. All residential projects located on
parcels with slopes over 25% shall submit the information required
in the Hillside Residential Design Guidelines Manual, Appendix A,
"Environmental and Design Review Application Requirements for
Hillside Residential Development Projects".
D. (No changes proposed)
14.11.050 CRITERIA FOR APPROVAL OF APPLICATIONS
Review shall be guided by the following criteria for the purpose of
assuring that with regard to buildings, structures and physical
improvements, each proposed development shall accomplish the
purposes set forth in Section 14.11.01.
Sections A. - M. (no change)
N. In addition to the above criteria, all residential projects located on
parcels with slopes over 25% shall be evaluated for conformity with
the Hillside Residential Design Guidelines Manual.
O. All residential projects located within 100 vertical feet of a ridgeline
shall be evaluated for conformity with Section Cl., Highly Visible
Ridgeline Areas, of the Hillside Residential Design Guidelines
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Manual. Development within 100 feet of a Visually Significant
Ridge, as shown on Community Design Map A of the General Plan,
is prohibited unless this restriction precludes all reasonable
economic use of the property. An exception may be granted under
this circumstance provided the following findings can be made:
1) there are no site development alternatives which avoid
ridgeline development and the density has been reduced to the
minimum allowed by the General Plan land use designation
density range; and
2) no new subdivision lots are created which will result in
ridgeline development; and
3) 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.
P. Any or all of the above 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 are consistent
with the General Plan. Exceptions to the Hillside Residential
Guidelines also require the approval of the City Council based on
the following criteria:
1) the project design alternative meets the stated objectives of the
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
2) alternative design solutions which minimize grading, retain
more of the project site in its natural state, minimize visual
impacts, protect significant trees, or protect natural resources
result in a demonstrably superior project with greater
sensitivity to the natural setting and compatibility with and
sensitivity to nearby structures.
14.11.060 APPROVAL, CONDITIONS, AND GUARANTEES (no changes
proposed)
14.11.070 DEDICATION AND IMPROVEMENT (no changes proposed).
14.11.080 NONCOMPLIANACE (no changes proposed)
14.11.090 REVOCATION, EXPIRATION AND EXTENSION OF APPROVAL
(no changes proposed)
14.11.100 ESTABLISHMENT AND ORGANIZATION OF THE DESIGN
REVIEW BOARD (no changes proposed)
Chapter 14.75, "General Provisions and Exceptions," is amended to include
provisions for Hillside Residential Development Standards, to read as
follows:
CHAPTER 14.75
GENERAL PROVISIONS AND EXCEPTIONS
14.75.100 HILLSIDE RESIDENTIAL DEVELOPMENT STANDARDS
On new single family structures and accessory structures which are located on
parcels with an average slope greater than 25% or in the Hillside Resource
Residential or Hillside Residential General Plan land use categories and
additions over 500 square feet in size or any modification that increases the
height of the roof line on such structures, the following standards apply:
a. Building stevback: A building stepback is established to limit the
height of structures to avoid excessive building bulk. On the
downhill slope walls and on walls facing front and side property
lines, a 20 foot height limit measured from existing grade shall be
observed within all areas within 15 feet of the maximum building
envelope limit. To allow for design flexibility, an encroachment
into the street front, street side, and interior side stepback is
permitted along 25% of the building length.
b. Setbacks: Structures may encroach into a required yard or setback for
a distance of not more than one-half of the required yard or setback
with the recommendation of the Design Review Board when the
encroachment minimizes the impact of hillside development and
grading. If such a reduction is granted, a compensating increase in
setback is required in the opposing setback, i.e., a five foot reduction
in a front yard setback would increase the rear yard setback by five
feet.
c. Natural State Requirement: A natural state area standard requires
that the percentage of each parcel which must remain in its natural
state shall be a minimum of twenty-five percent plus the percentage
figure of average slope, not to exceed a maximum of eighty-five
percent. This standard may be waived or reduced upon the
recommendation of the Design Review Board for lots established
under planned or clustered developments.
d. Maximum Gross Square Footage: The maximum permitted gross
building square footage of all structures (including garages, carports,
and accessory structures over 120 square feet) is limited to 2,500
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square feet + 10% of the lot area with the maximum gross square
footage set at 6500 square feet.
e. Ridgeline Develotiment: Development of new structures within 100
vertical feet of a Visually Significant Ridgeline, as shown on
Community Design Map A of the General Plan, is prohibited unless
this restriction precludes all reasonable economic use of the
property. An exception may be granted under this circumstance
provided the following findings can be made:
1) there are no site development alternatives which avoid
ridgeline development and the density has been reduced to the
minimum allowed by the General Plan land use designation
density range; and
2) no new subdivision lots are created which will result in
ridgeline development; and
3) 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 Reauirements: On substandard streets, a minimum of two
additional on-site parking spaces shall be provided (not on the
driveway apron) per unit. These spaces should be conveniently
placed relative to the dwelling unit which they serve. This
requirement may be waived when the size or shape of the lot or the
need for excessive grading or tree removal make the requirement
infeasible.
g. Lot standards: Minimum lots sizes and widths for parcels created
after the effective date of this ordinance are subject to the slope
tables established under Chapter 15.34 of the Subdivision
Ordinance.
h. Structures which were lawfully constructed prior to the adoption of
the Hillside Residential Development Standards, but fail to meet
the present requirements shall not be considered as nonconforming
structures and shall be permitted to be repaired or replaced with a
similar design or with minor design modifications if damaged or
destroyed by natural disaster providing a building permit is
obtained for such restoration within a period of one year.
CHAPTER 14.65
HILLSIDE DEVELOPMENT OVERLAY DISTRICT (HO)
SECTIONS: 14.65.010 Purpose
14.65.020 Establishment
14.65.030 Development Standards
14.65.040 Environmental and Design Review Requirement
14.65.010 PURPOSE
The purpose of the Hillside Development Overlay District is to provide
a combining zoning district which implements the residential site
design policies of the City of San Rafael General Plan 2000 and the
Hillside Residential Design Guidelines Manual. Specific purposes
include the following:
A. To protect public health and safety by minimizing hazards,
including seismic and landslide risks, soil erosion, and fire
danger associated with development on steep and/or unstable
slopes.
B. To encourage preservation of natural hillside features.
C. To ensure adequate emergency access by providing on-site
parking.
14.65. 0 2 0 ESTABLISHMENT
This district is established as a combining district such that the
requirements of this district shall apply in lieu of the similar
requirements of the district with which this district is combined.
14.65.030 DEVELOPMENT STANDARDS
The following development standards apply to all properties
designated with a Hillside Development Overlay District:
a. Building Stegback: A building stepback is established to limit the
height of structures to avoid excessive building bulk. On the
downhill slope walls and on walls facing front and side property
lines, a 20 foot height limit measured from existing grade shall be
observed within all areas within 15 feet of the maximum building
envelope limit. To allow for design flexibility, an encroachment
into the street front, street side, and interior side stepback is
permitted along 25% of the building length.
b. Setbacks: Structures may encroach into a required yard or setback for
a distance of not more than one-half of the required yard or setback
with the recommendation of the Design Review Board when the
encroachment minimizes the impact of hillside development and
grading. If such a reduction is granted, a compensating increase in
setback is required in the opposing setback, i.e., a five foot reduction
in a front yard setback would increase the rear yard setback by five
feet.
c. Natural State Requirement: A natural state area standard requires
that the percentage of each parcel which must remain in its natural
state shall be a minimum of twenty-five percent plus the percentage
figure of average slope, not to exceed a maximum of eighty-five
percent. This standard may be waived or reduced upon the
recommendation of the Design Review Board for lots established
under planned or clustered developments.
d. Gross Building Square Footage: The maximum permitted gross
building square footage of all structures (including garages, carports,
and accessory structures over 120 square feet) is limited to 2,500
square feet + 10% of the lot area with the maximum gross square
footage set at 6500 square feet.
e. Ridgeline Development: Development of new structures within
100 vertical feet of a Visually Significant Ridgeline, as shown on
Community Design Map A of the General Plan, is prohibited unless
this restriction precludes all reasonable economic use of the
property. An exception may be granted under this circumstance
provided the following findings can be made:
1) there are no site development alternatives which avoid
ridgeline development and the density has been reduced to the
minimum allowed by the General Plan land use designation
density range; and
2) no new subdivision lots are created which will result in
ridgeline development; and
3) 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 substandard streets, a minimum of two
additional on-site parking spaces shall be provided (not on the
driveway apron) per unit. These spaces should be conveniently
placed relative to the dwelling unit which they serve. This
requirement may be waived when the size or shape of the lot or the
need for excessive grading or tree removal make the requirement
infeasible.
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g. Lot standards: Minimum lots sizes and widths for parcels created
after the effective date of this ordinance are subject to the slope
tables established under Chapter 15.34 of the Subdivision
Ordinance.
14.65.040 DESIGN REVIEW REQUIREMENT
A major Environmental and Design Review permit is required for all
condominiums, townhouses, apartments, and any other multi -family
residences and for all subdivisions. A minor Environmental and Design
Review permit is required for any new residence and accessory structure,
including additions over 500 square feet in size or any modification that
increases the height of the roof line, located on residential parcels. All
applications for Environmental and Design Review shall include the
submittal requirements lists in the Hillside Residential Design Guidelines
Manual, Appendix A, "Environmental and Design Review Application
Requirements for Hillside Residential Development Projects: All
applications shall be evaluated for conformity with the Hillside Residential
Design Guidelines Manual.
DIVISION 2. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such holding or holdings shall
not affect the validity of the remaining portions of the ordinance. The
Council declares that it would have passed this 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 3. This ordinance shall be published once in full before its final
passage, in a newspaper of general circulation, published and circulated in
said city, and shall be in full force and effect thirty (30) days after its passage.
,►CY , /�THY BRED-JER, Vice Mayor1904 � .
Attest:
JE �EM.EONCUs , City Clerk
The foregoing Ordinance No. 1610 was read and introduced at a regular
meeting of the City Council of the City of San Rafael, held on the 7th
day of October ,1991, and ordered passed to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer and Vice Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan
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 21st day of
October ,1991.
JgANNE M. LEON* I, City Clerk
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