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HomeMy WebLinkAboutOrdinance 1276 (Downtown Review District)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. _�276_ entitled: "AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 66 THERETO, ENTITLED: DRD: DOWNTOWN REVIEW DISTRICT" is a true and correct copy of an ordinance of said City, and was introduced at a regular meetinq of the City Council of the City of San Rafael, held on the 3rd day of October, 1977 Published as re- quired by City Charter in the Independent Journal , a newspaper printed and 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 3rd day of October, 1977 by the following vote, to -wit: Ayes: Councilmen: Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Jensen WITNESS my hand and the official seal of the City of San Rafael this Alr,Z day of (.� c�u-�... 19 7 7 �EM.LEONCIN�City rk ORDINANCE NO. 1276 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NE`,nT CHAPTER 66 THERETO, ENTITLED: DRD: DOWNTOWN REVIEW DISTRICT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 14, Zoning, of the San Rafael Municipal Code is hereby amended by adding a new Chapter 66 thereto which shall read in its entirety as follows: CHAPTER 14.66 DRD: DOWNTOWN REVIEW DISTRICT Sections: 14.66.010 Purpose. 14.66.020 Matters Subject to Review. 14.66.030 Regulations Applicable in a DRD District. 14.66.040 Downtown Design Guidelines. 14.66.050 Signing. 14.66.060 Compliance. 14.66.010 Purpose. The purpose of the Downtown Review District (DRD) is to implement the Downtown Beautification Project. It is in the public interest of the City to protect the unique physical and social characteristics of the Downtown area and promote and protect the safety, convenience, comfort, prosperity and general welfare by making every effort to: (a) Preserve and enhance the historic characteristics of the existing structures. (b) Maintain and improve the qualities of and relation- ships between individual buildings and public improvements. (c) Give guidance so that the construction and restoration of buildings accomplishes the goals of the Downtown Beautification Project. The DRD is a combining District which replaces existing review procedures. The District will enable merchants and property owners to have more flexibility in developing their renova- tion and beautification plans. In this manner, the individual plans will be closely coordinated with the overall planned public and private improvements for the area. INA 14.66.020 Matters Subject to Review. Before any building, sign or visible utilities may be erected or externally altered, it shall be approved in accordance with the Downtown Design Guidelines, whether or not a building permit is required. Building alterations include, but are not limited to, facade modifications, painting, placement of signs, and construction of landscaped areas, planters, and other outdoor improvements. 14.66.030 Regulations Applicable in a DRD District. If a District is combined with a DRD District, the respective regulations as set forth in this Chapter shall be applicable. Except as otherwise noted below, all other regulations of Title 14, such as permitted uses, uses requiring use permits, and spatial and parking requirements, shall apply. 14.66.040 Downtown Design Guidelines. Upon the recommenda- tion of the Planning Commission, the City Council shall adopt Downtown Design Guidelines. The Design Guidelines shall contain processing pro- cedures along with guidelines and criteria for project approval so that the Downtown area may further develop into an attractive, functional, and economically sound area of the City. The Downtown Design Guide- lines shall replace the procedures and guidelines of Chapter 14.11, Environmental and Design Review, and Chapter 14.12, Sign Review of this Title. 14.66.050 Signing. All new signing shall be developed, constructed and maintained in accordance with the provisions of the Downtown Design Guidelines. Existing signs that are in violation of Chapter 14.12, Sign Review, on the date when the Downtown Review District is applied to the property, shall be amortized and removed as provided for in Chapter 14.12. 14.66.060 Compliance. (a) Any exterior changes made in compliance with the pro- visions of the Design Review Guidelines shall be properly maintained in accordance with such approval. Proper maintenance shall include, but not be limited to, care, painting and/or repair of deteriorating signs, awnings, landscaping, and other exterior features. - 2 - (b) Existing buildings and signs which do not conform to the Design Review Guidelines are declared nonconforming. Any change to the nonconforming buildings or signs shall require compliance with the provisions of this Chapter. DIVISION 2. This Ordinance is an Urgency Ordinance for the needed preservation of the public peace, health, or safety within the meaning of Government Code Section 25123 and shall go into effect im- mediately. The facts constituting such necessity are: the merchants within the Beautification District on Fourth Street will participate in the Beautification Program only if the work can be commenced immediately, so that it can be accomplished prior to the Christmas 1977 Shopping Season, and the winter rains. The City's economic basis is largely founded on the sales tax, and a significant portion of that sales tax is derived from the sales of businesses located in the Downtown District. Immediate implementation of this program is necessary to insure its success and that of other redevelopment programs for the area. DIVISION 3. 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, sub- sections, sentences, clauses, or phrases be declared invalid. 4C. PAUL BETT , Mayor Attest: JE -M. LEONCI�City'Clerk The above and foregoing Ordinance No. 1276 was adopted as an Urgency Ordinance of the City of San Rafael at a regular meeting of the City Council of San Rafael held on the third day of October 1977, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen LJEANNE M. LEONCINI, City Clerk - 3 -