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Home My WebLink AboutOrdinance 1503 (Expand Authority of Zoning Administrator)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. 1503 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.11.02 CLARIFYING MATTERS THAT ARE SUBJECT TO ENVIRONMENTAL AND DESIGN REVIEW AND SECTION 14.82.030, EXPANDING THE AUTHORITY OF THE ZONING ADMINISTRATOR" 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 Fifteenth day of April , 1985, published as required by City Charter in the 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 Sixth day of May , 19 8; by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: hone WITNESS my hand and the official seal of the City of San Rafael this Ninth day of May , 1935. JEANN N�-�ACNI, City Clerk ORDINANCE NO. 1503 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.11.02 CLARIFYING MATTERS THAT ARE SUB— JECT TO ENVIRONMENTAL AND DESIGN REVIEW AND SECTION 14.82.030, EXPANDING THE AUTHORITY OF THE ZONING ADMINISTRATOR THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 14 (Zoning) of the San Rafael Muni— cipal Code, Sections 14.11.02 and 14.82.030 are hereby amended to read as follows: 14.11.02 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 multi- family 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 prin- cipal use proposed is grading or filling.) g. Signs: when submitted simultaneously with plans for any of the improvements listed above. -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. iiiiiiiiiiij 11- ORDINANCE NO. 15, 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 the approved earthtone/woodtone list are proposed to be used. 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 50 square feet and decks which are fully cantilevered from a building shall not be subject to review. g. Minor on-site drainage improvements. h. All other minor exterior ornamental or functional changes. 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 g. -2. Zoning Administrator: The Zoning Administrator has the author- ity to approve, conditionally approve, deny or refer to the Planning Commission those environmental and design review applications identified under Section 14.82.030. -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 h and not identified under the authority of the Zoning Administrator ESection 14.82.030(d)]. 14.82.030 ACTIONS OF THE ZONING ADMINISTRATOR The Zoning Administrator shall hear and have the power to approve, approve with conditions, deny or refer to the Planning Commission the following items: A. Variances -1. Encroachment into required setbacks. -2. Parking in required setbacks. -3. Number of parking spaces. -4. Exceeding height limitations. -5. Time extension to Planning Commission approvals. B. Use Permits -1. Time extensions, unless specifically exempted by the Planning Commission at the time of original approval. -2. Amendments that do not alter the basic functions of the approved use. -3. Motor vehicle service uses. -4. Elevated decks. -5. Fences. -6. Earth fill up to 5,000 cubic yards or excavation up to 1,000 cubic yards. -2 ORDINANCE NO. 156 -7. Additions, enlargements, and/or maintenance of nonconforming structures. -8. Use of substandard lots for residential or commercial construction. -9. Dwelling groups. -10. Outdoor sales and storage. -11. Outdoor dining/seating for an eating establishment. -12. Liquor sales. -13. Schools and churches contained within existing buildings. -14. Exceptions to height for antennas, towers, poles and windmills. -15. Review of previously approved Transportation Systems Management programs for existing commercial developments. C. Animal Permits D. Environmental and Design Review. -1. Amendments that do not alter the basic site layout or appearance from the form approved by the Planning Commission. -2. Accessory structures or room addition applications required by Section 14.11.02(B)(2). -3. Elevated deck applications required by Section 14.11.02(8)(13). -4. Expansion of nonconforming buildings in an "N" (Nonconforming) District. -5. Parking lots. -6. Single family dwellings and duplex structures within 100 vertical feet of a ridgeline or as required by other City approvals. -7. Time extensions to Planning Commission approvals. -8. Minor additions and alterations to existing commercial buildings where the addition is no greater than 30% of the total building square footage and in no case greater than 300 square feet. E. Certificates of Compatibility for Mobile Homes as Required Under Section 14.14.030. 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 por- tions 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. - 3 - ORDINANCE NO. 1I DIVISION 3. This ordinance shall be published once in full before its final passage, in a newspaper of general circula- tion, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAS Fi�E E . MULR AN, Mayor Attest: JE N LEONCI�,\Ciy Clerk The foregoing Ordinance No. 1503 was read and intro- duced at a Regular meeting of the City Council of the City of San Rafael, held on the 15th day of April , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan 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 Sixth day of May , 1985. J M. LEONCIN , City C erk 20-21 B/13