HomeMy WebLinkAboutDRB 2018-08-21 #2REPORT TO DESIGN REVIEW BOARD SUBJECT: San Rafael Municipal Code Title 14, Zoning Ordinance: Zoning Ordinance Amendment to selected chapters and sections that would modify design related criteria for community signs, fence heights, hillside "step backs" and accessory structures; Citywide; File No: Z018-002. SUMMARY The City of San Rafael has undertaken a Zoning Ordinance Amendment project to amend selected chapters and sections in an effort to correct minor text errors and internal inconsistencies and to implement standards that have already been vetted. The larger effort includes changes to San Rafael Municipal Code, Title 14 -Zoning and Title 11 -Public Works. Proposed changes that would modify design related criteria are being brought the Design Review Board (Board) for comments and would then be brought forward to the Planning Commission for a recommendation and ultimately to the City Council for a decision. The proposed design related changes include changes in the following topics: • community signs; • fence heights; • hillside "step backs;" and • accessory structures. A more detailed description of the proposed changes is discussed below. Staff is asking the Design Review Board to review the proposed amendments and provide comments that would be forwarded to the Planning Commission for further discussion. PROJECT DESCRIPTION As standard practice, City staff monitor the Zoning Ordinance for potential internal inconsistencies and errors. The Planning Division maintains a list of these errors for consideration in future zoning text amendments. This phase of zoning map and text amendments includes an effort to fix our current list of inconsistencies and errors as well as address some ongoing projects. Proposed changes that would modify design -related criteria are being brought to the Board for comments. The relevant text amendments include standards for community signs; changes to permitted fence heights; clarifying step back requirements for residential projects; and clarifying location and height of accessory structures. The following is a more detailed description of the proposed changes: Community Signs: Sections 14.19.030 (Exempt Signs), 14.19.055 (Illumination Standard) and 14.19.080 (Prohibited Signs). In 2015, the City identified the use of bilingual electronic signs at the Albert J. Boro Community Center as a method of providing bilingual communication to the Spanish speaking community. The signage was part of a larger effort to improve communication throughout the City and inspire community engagement. This type of signage was identified as an action item in the "Community Engagement Action Plan," approved by the City Council in 2015, and was identified as having a short term implementation (See Exhibit 2). This action item was never implemented, however, there is continued interest in the installation of these signs for the reasons mentioned above. While our current sign ordinance provides for exemptions of certain official signs that are essential for relaying public information, there is currently no specific reference to community signs installed on City property that are intended to provide the public information of upcoming events, classes, meetings and/or update on neighborhood/community issues. The proposed amendments to the sign ordinance would establish standards for allowing such signage under the exemption heading similar to how other public informational signs are exempted. The amendments to allow electronic display would only apply to signs on public property and would not apply to commercial signs proposed on private property. The amendment would establish criteria for type, size, height and illumination criteria as follows: 1. Number of Signs: One (1) electronic message signs shall be permitted per site. 2. Size of Signs: Signs shall be a maximum size of 48 square feet. 3. Height of Signs: Free-standing electronic message signs shall not exceed a height of 6 -feet. 4. Sight Distance: Free-standing electronic message signs shall provide an adequate line of sight distance pursuant to Section 14.16.295. 5. Hours of Use: Electronic message signs shall be equipped with a timer to assure the signs are not used between the hours of 10pm and 7am. 6. Length of time for display of each message: Electronic message signs may display changing messages provided that each message is displayed for no less than four seconds. 7. Brightness Sensors: Electronic message signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions (e.g., photocell technology), or that can be adjusted to comply with the 0.3 -foot candle requirement. The proposal includes recommended amendments to Sections 14.19.030 (Exempt Signs), 14.19.055 (Illumination Standard) and 14.19.080 (Prohibited Signs). The full text of the amendments is included in Exhibit 1. As a note, this amendment to the sign ordinance would provide a method for implementing an action item that has already been considered by the City Council in 2015. Fence Heights: Section 14.16.140 (Fences and Walls) Over the past several years the City has struggled to keep the building code requirements and zoning ordinance requirements related to fence height in alignment with each other. Currently, the Zoning Ordinance allows a fence height of up to 6 feet within the interior side and rear yard of a property. However, the building code requires a building permit only after the fence height exceeds a height of 7 feet. Making things more confusing, the fence ordinance first states: Fences not exceeding eight feet (8) in height may be located in an interior side or rear yard, and subject to additional provisions of subsection C below. Reading further under subsection C as noted above, the property owner would discover that the maximum height is actually 6 feet without design review (not 8 feet as described above). The goal of the proposed amendments is: 1. Reorganize the format of the fence ordinance to provide clarity and improve readability. More specifically, the amendments would: a. Differentiate between fences located in residential districts versus fences located in non- residential districts b. Establish maximum fence heights permitted without planning permits c. Establish maximum fence heights that could be permitted with certain land use entitlements 2 2. Raise the maximum fence height to a. No more than 8 feet permissible without planning permits b. Clarify that an additional 2 feet may be allowed subject to Design Review and Exception review and approvals. Because the amendment is an extensive reformatting to improve readability, it is shown in Exhibit 1 as an entire replacement (with underline and Italics). The contextual changes are shown in red to help provide understanding of extent of the actual text amendments. Hillside Step Backs The City's hillside overlay district (Section 14.12.020) contains development standards that are required for lots that are considered hillside lots. The standards were originally included as design criteria as part of the Hillside Design Guidelines. Over the years, many of the standards were codified into required development standards. One of those standard limits the height of walls facing on the downhill slope and those within fifteen (15) feet of the building envelope. Although the original language was intended to apply to all walls facing the downhill slope in either of the above circumstances, the language that was codified is unclear that this is the intent. The proposed amendments would clarify that: 1. On the any downhill sloped walls a 20 -foot height limit measured from existing grade is required. 2. On non -downhill sloped walls facing front and side property lines, a 20 -foot height limit is required when located within fifteen feet (16) of the building envelope limit. This amendment is intended to implement standards to the wall height requirements that are already included in the Hillside Design Guidelines in an effort to provide more clarity to applicants. The full text of the amendment is included in Exhibit 1. Accessory Structures The City has traditionally not allowed accessory structures within the front of a residential property. This used to be a standard required under the accessory structures ordinance, however, at some point in past zoning ordinance amendment phases, this limitation was inadvertently removed. The City has continued to implement this older requirement and it was not until this effort to correct errors to our zoning ordinance that the City discovered that the requirement was no longer part of our code. In addition, while the code has an established height limit of 15 feet for accessory structures, it is not written in a clear way and often causes misinterpretation by the public. The proposed amendments to this section of the code would reinstate regulations limiting accessory structures in the front of the lot by requiring administrative design review process and would clarify that the maximum building height for accessory structures is 15 feet. A complete text of the amendment is provided in Exhibit 1. Other Edits The Citywide effort to amend the code includes a series of other text and map amendments that are not design related and not within the purview of the Board. Those amendments will be incorporated into the list of amendments presented to the Board and will go to the Planning Commission for recommendation, with the City Council having the final decision-making authority on all of the proposed amendments. ANALYSIS General Plan 2020 Consistency: The proposed amendments are intended to clarify design -related criteria/standards for community signs, fences, hillside development and accessory structures. Zoning Ordinance amendments are routinely undertaken by the city to correct errors, provide clarifications, and implement programs that 3 have gone through a vetting process. These amendments would comply with the following General Plan policies: • NH -2. New Development in Residential Neighborhoods -Preserve, enhance and maintain the residential character of neighborhoods to make them desirable places to live. • NH -2a. Zoning Ordinance- Continue to implement and update the Zoning Ordinance as needed. • CD -3. Neighborhoods- Recognize, preserve and enhance the positive qualities that give neighborhoods their unique identities; • CD -3b. Development Standards- Reexamine residential development standards to address building size, setbacks, height, location of parking, landscaping and design impact. • CD -6a. Hillside Design Guidelines- Continue to implement hillside design guidelines through the design review process. Update the guidelines as needed. • CD -15b. Thresholds for Design Review- Since 2004, some thresholds have been adjusted for projects. Reevaluate thresholds for design review to ensure sufficient public involvement in the evaluation of design review permits. • G -6a -Community Stakeholders - The proposed amendments to the sign ordinance are consistent with General Plan Policy G -6a -Community Stakeholders, which encourages the City to "Actively seek community -wide representation and public involvement opportunities on City issues through vigorous outreach programs to engage residents who are not typically involved, such as young people and residents not fluent in English." Zoning Ordinance Consistency: The proposed Zoning Ordinance amendments has been undertaken to correct errors and provide clarifications and implement programs that have been previously vetted. The proposed amendments would not result in inconsistencies with the Zoning Ordinance NEIGHBORHOOD CORRESPONDENCE Notice for the Board meeting on the proposed amendments was provided in the Marin Independent Journal and a copy was sent to Federation of Neighborhoods and the Builder's Exchange in accordance with Section 14.29.020 of the San Rafael Zoning Ordinance. No inquiries have been received as of the distribution of this staff report. CONCLUSION The proposed amendments to the zoning ordinance that are part of this report are brought to the Board, as they include design related standards that would be adopted as part of the zoning ordinance. As mentioned above, the changes include following topics: • community signs; • fence heights; • hillside "step backs;" and • accessory structures. Staff is asking the Design Review Board to review the proposed amendments and provide comments that would be forwarded to the Planning Commission for discussion. 4 EXHIBIT, 1 Amendments to San Rafael Municipal Code (SRMC) Title 14 -Zoning The following sections of the San Rafael Municipal Code (SRMC) Title 14 — Zoning are hereby amended as follows: 1. Chapter 14.12 (Hillside Development Overlay District (-H)) Amend Section 14.12.030 (Property development standards (-H)) subsection A as noted below by stFikethroug- s for deletions and underline/italics for insertions: A. Building Stepback. A building stepback is established to limit the height of structures to avoid excessive building bulk. The required stepback shall be as follows: 1. On the any downhill sloped walls a 20 -foot height limit measured from existing grade shall be observed. This height limit shall be construed to mean that wall planes shall be broken into single wall heights of 20 feet after which a stepback of at least 5 feet or as determined through Design Review, shall be required However, the maximum overall building height shall not exceed the height allowed bV the zoning district aPA 2. On non -downhill sloped walls facing front and side property lines, a 20 -foot height limit measured from existing grade shall be observed within all areas within fifteen feet (15') of the maximum building envelope limit. To allow for design flexibility on non -downhill sloped walls, an encroachment into the street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the building length. 2. Chapter 14.16 (Site and Use Regulations) Amend Sections 14.16.020 (Accessory Structures) subsection EA and E.5, 14.16.120 (Exclusions to the maximum height measurement), replace Section 14.16.140 (Fences and Walls) in its entirety and add Section 14.16.335 (Transfer of floor area ratio (FAR) between or among properties) in its entirety as noted below by stri ethroughs for deletions and underline/italics for insertions: E. Residential Accessory Structures. The following standards shall apply to accessory structures in residential districts: Front and street side yard setbacks. a. Fountains, trellises, statues and similar decorative yard improvements up to four feet (4') in height, fences, small retaining walls and minor decorative entryway treatments as permitted pursuant to Section 14.16.140.A.1, decks less than twelve inches (12") above grade, and access driveways and walkways may be located within the required front yard setback and/or street side yard setback; provided that such accessory structure shall not conflict with the sight distance triangle of an intersections or driveway required pursuant to Section 14.16.295. b. No other structures or improvements shall be placed within a required front yard or street side yard. c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach into any front yard or street side yard setback. Page 1 of 10 EXHIBIT 1 d. Accessory structures shall meet the setback requirements for reverse corner lots, contained in Section 14.04.030(D). e. Detached accessory structures may only be placed between the front-facinq wall of the primary structure and the front setback with Administrative Design Review, except as allowed by Section 14 16 020E 1 a This requirement does not apply to garage or carport structures which must comply with the setbacks established by the applicable Zoning District. 2. Interior Side and Rear Yard Setbacks. a. Zero -foot (0') Setback. The following accessory structures may be located within the required T eri$r-gide interior side and rear yard setbacks, and up to the property line, subject to conformance with any applicable building code limitations and provision of an unobstructed walkway clearance of at least three feet (3') between above -grade accessory structures and adjacent buildings or the property line in order to provide access around the primary building: i. Accessory structures, unconditioned (e.g., not intended for human occupancy) with a maximum floor area of one hundred twenty (120) square feet and up to eight feet (8') in height measured from grade to roof peak; ii. Fountains, trellises, statues and decorative yard improvements no taller than six feet (6) in height; iii. Retaining walls up to four feet (4') in height above grade (e.g., exposed wall height above finished grade, as determined by the community development director); iv. At -grade walkways and decks less than twelve inches (12") above grade. b. Three-foot (3') Minimum Setback. The following accessory structures may be located within three (3) feet of the rear and interior side yard property line: i. Accessory structures greater than one hundred twenty (120) square feet in floor area and up to fifteen feet (15') in height measured from grade to roof peak; ii. Fireplaces, barbecues, self-contained portable spas, spa/pool equipment (additional setbacks and limitations on the placement of spa/pool pump and filtration systems shall be as specified in Section 14.16.320); iii. Uncovered decks twelve inches (12") or more above grade. c. Pools/in-ground spas. A setback of at least three feet (3') or a distance equal to one- half ('/Z) the depth of the pool, whichever is greater, shall be provided from the property line. d. Easements and Property Lines. No structure or portion thereof, including overhangs and foundations, shall obstruct an easement or cross a property line. e. Accessory Structure with Sanitary Facilities. A residential accessory structure that exceeds one hundred twenty (120) square feet in size and includes sanitary facilities shall require (prior to issuance of a building permit) recordation of a deed restriction with the County of Marin to reflect that the detached accessory structure cannot be utilized as a second dwelling unit, unless it complies with the requirements of Section 14.16.285. f. Mechanical equipment shall subject to additional screening and setback requirements, as specified in Section 14.16.320. 3. Alley Setback. An accessory structure shall be located a minimum of five feet (5') from an alley. 4. Coverage. In addition to counting toward the total lot coverage limit that applies to all structures on a parcel, residential accessory structures shall not exceed a maximum of thirty percent (30%) of the required side or rear yard areas. Required front yard areas shall maintain at least forty -percent (40%) pervious landscape area. 5. Height The height of an accessory structure shall not exceed a height of 15 feet except as permitted through Design Review Page 2of10 EXHIBIT 1 3. Chapter 14.16 (Site and Use Regulations) Amend Section 14.16.140 (Fences and Walls) in its entirety as noted below by underline/italics: 14.16.140 - Fences and walls. This section establishes regulations for the height location and materials of fences, retaining walls and privacy walls. The regulations are intended to prevent fences or walls which are a detriment to the appearance and character of the community and to protect the public health, safety and welfare by assuring adequate sight distance is provided and maintained at street intersections and driveways. A Residential Districts. The following height limitations shall apply to the height of fences and walls in Residential Districts: 1. Permitted a. Front and Street Side Yard Areas - The following may be located within the required front and street side yard: i.. Fences and retaining walls not exceeding four feet (4') in height, may be located within the front or street side yard setback, provided that the fence or wall shall not conflict with the site distance requirements of Section 14.16.295; ii. Minor decorative entryway treatments no taller than eight and one-half feet (8.5') in height 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 (i.e., adequate sight distance shall be provided and maintained pursuant to the provisions of Section 14.16.295). b. Rear Yard and Interior Side Yard - The following may be located within the required rear yard and interior side yard. i. Fences not exceeding six feet (ra') eight (8) feet in height may be located within the required rear yard or interior side yard provided that the top two (2) feet consists of a decorative element that is satisfactory to the Planning Department; ii. Retaining walls not exceeding a height of four feet (4') in height may be located within the required rear yard and interior side yard. 2. With Required Planning Permits The following may be permitted in Residential Districts with prior approval of Design Review (Pursuant to Section 14.25.040.C.) and/or Exception (Pursuant to Chapter 14.24) Retaining walls over four feet (4') in height on hillside parcels (i.e., property that contains a slope of twenty-five percent (25%) or greater or designated -H Overlay) may be permitted with Environmental and Design Review subject to Design Review Board recommendation if necessary to minimize grading and/or tree removal impacts Retaining walls located outside of required setbacks shall otherwise be reviewed subject to the regulations that apply to an accessory structure, in Section 14.16.020. Fences exceeding eight (8) feet in height up to ten (10) feet in height may be located in the required interior side or rear yard where topography or difference in grade Page 3of10 EXHIBIT 1 C between adioining sites warrants such increase, subject to Administrative Design Review and Exception. c. Fences in the front yard or street side yard may be increased by a maximum of two feet (2') to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot, subiect to Administrative Design Review and Exception. d. Exception. An exception to the residential fence and walls height standards may be allowed as noted above, subiect to the provisions of Chapter 14.24 -Exceptions; Exceptions for height should include a landscape setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a taller fence or wall along the streetscape. A minimum setback buffer of six inches (6") should be provided for each one -foot (1') of increased height. e. Note: A building permit may be required for fences over six seven 7 feet k&� in height and retaining walls over four feet (4') or walls that support the adjacent hillside or property improvements, as determined by the building code. Non -Residential Districts Teases. An administrative environmental and desi n review permit shall be required for all non-residential fences over seven feet (T) ire height to assure the fence would conform to the design and development standards of the underlying district. All Districts. The following standards shall apply to all districts 1. Measurement of Height. The height of a fence and/or vegetatien or retaining wall and associated structural and/or decorative elements shall be the combined height measured vertically from finished ground level, as determined by the building or planning official to the top of the structure at any given point (see illustration "Maximum Allowed Fence Height Measurement). Except as follows: a. Minor decorative entryway treatments are permitted in the setback as noted above (Section 14.16.140 A.1.ii). b. Terraced fences and/or retaininq walls that provide a landscaped horizontal separation of at least four feet K) may be measured separately at the base of each terrace. Maximum Allowed Fence Height Measurement ........... Fence....................`... 8 -foot Max Fence /Retaining wall Non -Terraced EXHIBIT I ......................................�.............. Fence Retamine wall 4 -Foot Terrace Terraced Page 4 of 10 2. Recreation Fences a. Fences for swimminq pools are subject to the requirements of the building code. b. Fences for tennis courts shall not exceed maximum height limits established for accessory structures and shall in no case exceed a height of twelve feet (12'). 3. Sight Distance. Fencing vegetation and retaining walls located near a driveway or street intersection shall not conflict with the vision triangle requirements established to assure adequate sight distance is maintained for vehicles and pedestrians, pursuant to the provisions of Section 14.16.295. 4. Prohibited Materials. In all districts concertina wire, razor wire, broken plass 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. 5. Temporary Fences. Temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with the above regulations and must be immediately removed upon completion of the construction authorized by the building ep rmit Replacement of Fences and Walls. An existing nonconforming fence or wall in any district is subject to the following regulations: 1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep the fence or wall in sound condition. 2. Alterations and additions may be made to a nonconforming fence or wall, provided that such addition or alteration is consistent with these fence and wall provisions. 3. No nonconforming fence or landscape retaining wall shall be moved or replaced unless it conforms to these fence and wall provisions, except for certain residential fences as provided below. 4. An existing nonconforming residential fence or wall that is located in a front yard or street side yard may be replaced in the same location provided that: a. The fence was previously permitted or authorized by the city, or existed on or before January 1 1992. The property owner shall provide sufficient documentation including photographs written testimony, etc. to verify the pre- existing condition. The replacement fence or wall may be rebuilt to its previously existing and documented height subject to request and issuance of a zoning verification review letter by the planning division. However, in no case shall any replacement fence exceed a height of six (6) feet within the required front or street side yard setback and shall be no taller than three (3) feet within a required vision triangle (section 14.16.140.B)- c. 4.16.140.B);c. The replacement fence or wall is consistent with the prevailing character of both sides of the street for the lenqth of the block; and d. All necessary permits shall be secured from the city (e.g., approval of a license agreement or encroachment permit if fence is located within the public right-of- way).; and Page 5of10 EXHIBIT 1 4. Chapter 14.19 (Signs) Amend Section 14.19.030 (Exempt Signs), Section 14.19.055 (Illumination Standard) Subsection D, Section 14.19.080 (Prohibited Signs) Subsection C, as noted below by *rte to show deletions and underline/italics to show insertions: 14.19.030 - Exempt signs. The city has a compelling public health, safety and welfare interest in the clear, accurate and effective identification of governmental and private buildings, public streets and public facilities and amenities, the safe and efficient control of traffic and parking within the city, and the expeditious notification to the public of information affecting essential public services. Therefore, the following signs are exempt from the provisions and regulations of this chapter: A. Building and Street Address Signs. Each sign shall not exceed five (5) square feet in size and one per building for each street frontage. B. Official Flags. Official flags of any nation, state or local government. Official flags may be placed on a pole not exceeding twenty=furfeet (24''�eig"t-the height limit established by the applicable zoning district. Flags over the height limit are subject to Environmental and Design Review pursuant to Section 14.16.120 and Section 14.25.040. The height of the flag shall be no more than one-fourth (Y4) the height of the pole. Weather flags, nautinnl flaws and pennants when displayed on beats, in rnaFinas, 9F OR aRY land aFea within fifty feet (50') of wateF fFeRtage, where primarily intended to be viewed frern the wateF and v id- Af nnv rnmmornial messages C. Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area within fifty feet (50') of water frontage, where primarily intended to be viewed from the water and void of any commercial messages. SD. On -Site Directional or Informational Signs. Directional or informational signs placed on-site, which are intended to provide public safety or convenience, not exceeding five (5) square feet in area per sign. Examples of such signs include, but are not limited to, parking lot directional signs, posting of business hours and location of restrooms, telephones, "parking in rear," "drive-through service window," and "no -smoking." Premises addressing signs that are larger than five (5) square feet in size shall be exempt if the larger addressing sign is required by the Fire Code. BE. Signs Essential for Public Purposes. Signs installed by the city, a state or federal governmental agency, and public utility or service, which are essential for public purposes. Public purpose signs include, but are not limited to official signs for traffic control (e.g., street signs), fire and police signs, signs for other regulatory purposes, such as for public information and safety, public notices, emblems and other forms of official identification. €F. Interior Signs. Signs located within the interior of a building, lobby, mall or court, when such sign is intended for interior viewing. This provision does not apply to interior signs placed within ten feet (10') of a window, where such sign is visible from a public street. F -G. Nonstructural Modifications and Maintenance of Conforming Signs. Modifications and maintenance of a conforming sign that are nonstructural. Modifications do not include a change in sign face or copy, which requires the approval of a sign permit under Section 14.19.041 of this chapter. GH. Signs Regulated by State or Federal Laws. Signs that are regulated by state or federal laws, or other applicable local laws, provided that such signs are sized and located to be consistent Page 6 of 10 EXHIBIT 1 with the state, federal, or local applicable laws. Examples of such signs include the posting of gasoline and fueling station price signs. I. Community Gardens Signs. Informational signage required for community gardens as outlined in section 14.17.030, provided that such signs do not exceed the maximum allowable size contained in said section. J. Community Service Signs. Signs installed on City property by the City of San Rafael for the purpose of providing multi-lingual information of.- upcoming events, classes, meetings and/or update on neighborhood/community issues. These signs may be electronic face and contain moving messages for the purpose of allowing dissemination of information in multiple languages and shall be subject to the following standards: 1. Number of Signs: One (1) electronic message signs shall be permitted per site. 2. Size of Signs: Signs shall be a maximum size of 48 Square feet. 3. Height of Signs: Free-standing electronic message signs shall not exceed a height of 6 - feet. 4. Sight Distance: Free-standing electronic message signs shall provide an adequate line of sight distance pursuant to Section 14.16.295. 5. Hours of Use: Electronic message signs shall be equipped with a timer to assure the signs are not used between the hours of 10pm and 7am. 6. Length of time for display of each message: Electronic message signs may display changing messages provided that each message is displayed for no less than four seconds. 7. Brightness Sensors. Electronic message signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions (e.g., photocell technology), or that can be adiusted to comply with the 0.3 -foot candle requirement. Amend Section 14.19.055 (illumination Standard) Subsection D as noted below by underline/italics to show insertions: D. Illumination that is Prohibited. Except as permitted by Section 14.19.030.I.,the following types of illumination are prohibited: 1. Blinking, flashing or fluttering lights or illumination that has a changing light intensity, brightness or color; 2. Animation or moving messages; 3. Searchlights. Amend Section 14.19.080 (Prohibited Signs) Subsection C as noted by underline/italics, as indicated below: C. Animated and Moving Signs. Animated and moving signs include: 1. Electronic message display, blinking, flashing, change in light intensity, or moving signs, except time and temperature signs and Community Service Signs as permitted by Section 14.19.030.1., 2. Windblown devices such as balloons, inflatable objects, pennants, ribbons, streamers, 3. Signs producing smoke, sound and other substances; Page 7 of 10 EXHIBIT 1 5. Chapter 14.25 (Environmental and Design Review Permits) Amend Section 14.25.040 (Improvements subject to review), Subsection B, C and D, Section 14.25.060 (Public notice and hearing) as noted below by StFikethFo ig to show deletions and underline/italics to show insertions: 14.25.040 Improvements subject to review B. Minor Physical Improvements. 1. New construction and modifications, including, but not limited to: a. Any new residence or residential additions over five hundred (500) square feet in size, or any modification that increases the height of the roofline, when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in. the hillside resource residential and hillside residential general plan land use designations, b. Any addition or 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 Section 14.25.050.F.6. for design criteria), C. Accessory structures, or additions or modifications to any residential structure located within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a roofline, or increases building scale and mass and is determined to be visible from off-site, d. Additions to multifamily residential structures containing three (3) or more dwelling units, where the addition constitutes forty percent (40%) or less than the total square footage of the building, e. New two-story single-family and duplex residential structures proposing an upper story level over five hundred (500) square feet in size (See Section 14.25.050,F.6. for design criteria), f. Upper -story additions to single-family and duplex residential structures over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria), g. Accessory structures on developed non-residential properties over one hundred twenty (120) square feet in size; h. Accessory structures on developed multi -family residential properties over two hundred forty (240) square feet in size, i. New construction or reconstruction of boat docking facilities, j. Additions and Alterations to existing nonresidential structures and/or additions to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty (1,250) square feet. Based on the scope and potential impact of the change(s) the level of review may be decreased by the community development director. k. Structures over the height limit, including flagpoles, aboveground utility distribution facilities, including communications towers and public water tanks, windmills, monuments, steeples, cupolas, and screens for mechanical equipment (chimneys are exempt); I. Wireless communications facilities, as prescribed under Chapter 14.16.360.13. C. Administrative Design Permits. 1. Decks, or additions to existing decks, higher than thirty inches (30") above grade, located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, except no review is required for decks: a. Less than a total of one hundred (100) square feet, Page 8of10 EXHIBIT 1 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. New single-family residences located on a flag lot, 3. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size or that include addition of a bedroom, 4. Conversion of a single-family residence to a duplex, 5. Design changes to projects that previously obtained design review approval. This includes modifications to upper story additions, modifications to windows or architectural, site design or landscaping changes. Based on the scope and potential impact of the change(s), the level of review may be increased by the community development director. 6. Outdoor eating areas (as prescribed by Section 14.17.110 7. Minor exterior alterations to a structure or development, which are subject to environmental and design review, that, in the opinion of the community development director, have minimal impacts on the visual character or function of the building or development, 8. Satellite dishes over the height limit in a multifamily or nonresidential district, 9. Residential fences over six f,� x-(67 seven (7) feet in height (residential and nnnresideRtial\ and as set forth under the criteria in Section 14.16.140 10. Nonresidential fencing over seven feet (T) in height as set forth under Section 94.16.160 proposed to be located in a front yard or between the principal building and public street frontage(s), 11. Detached accessory structures located on hillside residential lots with slopes of twenty- five percent (25%) or greater or located in areas with a general plan land use designation of hillside residential or hillside resource residential, 12. Retaining walls over the four 4 feet k3} in height (measured from the top of the footing or finished grade, as determined by the community development director, to the top of the wall) and/or minor landscaping orgrading modifications on properties located on a hillside lot as identified in Section 14.12.020 (-H hillside overlay district) of this title, or located within one hundred (100) vertical feet of a ridgeline, , retaiRiRg walls three feet (3') OF less OR height that would potentially irnpaGt the hills' - GharaGter ef the site, to assure GernpliaRG8 With the H overlay diStriGt pFoperty deyelepment standaFdn 44-.13. .__Minor landscaping revisions to existing or approved multifamily or nonresidential development that are determined to alter the character of the site, 4,5-.14. Minor modifications to existing parking lots (reconfiguration or expansion), 415. _Exterior repainting and refinishing on a development which significantly deviates from the color scheme and/or palette previously approved through an environmental and design review permit, or on structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are not from the approved earthtone- woodtone list, 4-7-16. Outdoor storage areas, 4-8--.17.__ _Design changes to dwelling units that were existing or approved as of January 1991 and that are being replaced pursuant to Section 14.16.060 (conservation of Page 9 of 10 EXHIBIT I dwelling units), or dwelling units that are being replaced pursuant to Section 14.16.270.6.5 (nonconforming structures) of this title, 4-9718. Modifications to properties in the Eichler -Alliance (-EA) combining district which increase the height of roof structures by more than six inches (6") or change the roof pitch, including the creation of sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage, 20-19. _Rooftop equipment and screens visible from off-site, 24-.20. Minor additions or modifications to a wireless communications facility, as prescribed under Section 14.16.360.6, 22-.21. Residential Accessory Structures located placed between the front -facing wall of the primary structure and the front setback except as permitted by Section 14.16.020.1. 23-22. Non-residential accessory structure one hundred twenty (120) square feet or less in size. 24.23. Ancillary detached accessory structures on a developed multi -family residential property two hundred forty (240) square feet or less in size. 25:24. Development subject to review for an administrative design permit pursuant to any other provision of this title. D.E".s Exempt from Design Review. 1. Single-family dwellings when sited on individual lots with frontage on a public street and not otherwise subject to design review as listed above; 2. Ordinary maintenance and repairs; 3. New decks or additions to decks, except where review is required for decks located in hillside areas as prescribed in Section 14.25.040.C, above; 4. Installation of solar panels on existing structures or grounds, as provided under state law and in compliance with all applicable development standards; 5. The community development director may declare improvements which have been determined to be minor or incidental within the intent and objectives of this chapter to be exempt from review. Page 10 of 10 EXHIBIT 1 CITYn. I &too LSF Agenda Item No: .5.a Meeting Date: January 20, 2015 SAN RAFAEL CITE' COUNCIL AGENDA REPORT Department: City Manager's Office Prepared by: Sarah Boughton, Library Director City Manager Approvall #f��W SUBJECT: Report and recommendation for acceptance of a Community Engagement Action Plan as a result of the City Council's GREAT (Growing Resident Engagement and Transparency) subcommittee's work. RECOMMENDATION: Staff recommends that the City Council accept the Community Engagement Action Plan. BACKGROUND: Periodically the City reviews its communication policies and revises them as needed. The City's General Plan 2020 includes several key elements in the Governance Section that prioritize the community engagement. Namely, within Goal 21 (Community Participation), including G6 -G8 and G11, covering broad-based involvement, community stakeholders, community participation, city and community communication, information about community issues, a contact database, the San Rafael website, and empowering residents to take responsibility. In addition, City staff and City Council has received feedback over the past few years that the City could improve engagement with our community. In late 2013, the City Council appointed an ad hoc Council subcommittee to address resident and stakeholder engagement with City issues as well as City government transparency. The subcommittee was made up of Mayor Gary Phillips, Councilmember Kate Colin, and staff members Nancy Mackie, Jim Schutz, Rebecca Woodbury, and Sarah Houghton. The subcommittee was charged with several tasks: • Performing outreach to community groups to receive input and feedback on what the City is doing well and where it can improve. a Understanding where the City is perceived as being "non -transparent" to address and change this perception. o Determining optimal utilization of the internet by examining tools such as social media, online platforms, phone apps, current online contact forms, and the current City website. • Review current practices for notification (posting at sites, snail mail pieces, etc.) to ensure that all members of the community can be reached and not just those with computer access. Researching best practices and then creating (as needed) specific protocols for the following: o One-way communication for agenda distribution, Boards & Commissions openings, and other general announcements o Dialogue (two-way communication) around controversial issues or projects o , Modifying "city speak" so that all communications (one- or two-way) use natural language that is readily comprehensible. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: ex %A If 51 or C9% SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 The subcommittee began with extensive research into government engagement and transparency, including best practices and proven successful strategies. The subcommittee members met with the City of Novato's Public Information Officer, Code for America representatives, and worked with numerous City staff to discover what we're doing well now and where we could improve. In addition, the subcommittee took stock of what actions and initiatives the City has in place today, including the use of our websites, public meetings, boards and commissions, email newsletters, Facebook, Twitter, press releases, classes and academies, YouTube, outreach events, and more. In May 2014, the subcommittee conducted a public survey in English and Spanish, both online and in print, about how people get information about the City now, if people engage now and how they do so, and how they feel the City is doing currently on various types of engagement and transparency. The survey received over 1,000 responses, The five primary takeaways from the survey were as follows: 1. People very much want to hear about what's happening in San Rafael. 2. People value representative participation, including their own personal involvement, in City Council decision-making. However, many people don't currently participate (113 of respondents do not currently give their opinion in any way on City. issues). This is reported as being due to a lack of time and energy as well as the feeling that City meetings and staff reports are too long. 3. People want the City to work harder on communication --to reach out to stakeholders on issues before decisions are made and to provide clear and understandable information on these issues. People also expect to receive information on the final decision if they offered input. 4. People use a wide range of sources to get information about City issues. How people get information varies widely based on age, gender, primary language, and family status. 5. People who work and/or own a business in San Rafael are even more interested and invested in City decisions than people who live here, and also report feeling more connected to the City as a community member. From the data gathered in that survey, including extensive comments offered by the respondents, the subcommittee developed short-term and long-term community engagement strategies. Those strategy ideas were then taken back to the public in the form of three public meetings, held at different times and days of the week in October 2014, and also via a survey in English and Spanish, both online and in print. Both in the surveys and at the meetings we asked respondents to give us feedback and prioritization of our suggested strategies, to tell us what we missed, and to offer additional feedback on ways the City can improve government engagement and transparency. Between the 65 meeting attendees and the 55 survey respondents, we gained valuable additional information about what the community feels are the most important steps for the City to take, including: 1. Spanish language information is critical to our community. 2. The community values the accessibility of City staff and City Councilmembers, including both in- person and digital interactions. 3. The many ways the City reaches out to stakeholders, and new methods the City will begin using, all reach different segments of the community; therefore, all are essential. This feedback has been incorporated into the proposed Community Engagement Action Plan. ANALYSIS: 'Based on the extensive input we received as well as staff analysis staff recommends five primary strategies to pursue in order to increase engagement and transparency. These strategies are outlined in detail, with suggested action items for each with timeframes and resources required, in Exhibit A. The five primary strategies we suggest pursuing are: 1. Demystify Local Government. Clarify City processes and how to encourage effective participation in civic affairs, Better communicate the type of engagement that we are seeking on a given topic and how representative government effectively functions. 2. Engage Earlier. Get the word out early to the community on projects and programs, including items on board and commission agendas, to increase participation prior to City Council meetings and decisions. 3. Hable Espanol. Improve communication and solicitation of feedback from our Spanish-speaking community. 4. Enhance Technological Tools. Utilize technology for improved communication, tracking, and online resources and engagement. 5. Close the Feedback Loop. Communicate better about the engagement process and the feedback that was received. Let people know about decisions and any follow-up actions or next steps. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Implementation of the numerous action items listed in the report will require significant staff time and resources. The City does not currently possess the capacity to complete all of these goals simultaneously. Therefore, staff will prioritize two key action items to jumpstart the process. 1. City staff communications committee. The City Manager's Office can form and manage an internal committee with knowledgeable representatives from each City department to begin the prioritization and initial work on many of the action items in this plan. This can be achieved with existing staff resources, and can begin immediately. 2. The City Manager's Office can begin research into the fiscal possibilities of hiring or contracting for a public information officer or communications coordinator, full or part time, for the next fiscal year. The City Manager's Office can present costs for this position/contract along with other competing City staffing or programming needs as a part of the budget setting process. FISCAL IMPACT: There is no direct cost to acceptance of this Plan. The most significant cost for the implementing actions in the Plan would be the potential hiring of a public information officer and this item will require a City Council action in the future. In the longer term, technological enhancements will also require budgetary adjustments, With Council acceptance of the strategies in this proposed Plan, staff will complete the research and analysis needed for each of the actions. OPTIONS: Staff recommends option '1. 1. Accept the GREAT subcommittee's report and recommendation. 2. Reject the GREAT subcommittee's report and recommendation, and ask us to return with a different set of strategies and action items. 3. Approve specific strategies and/or action items, and reject others, asking staff to return with a modified report at a future meeting. ACTION REQUIRED: Accept the GREAT subcommittee's report and recommendation. Encls. 1) Exhibit A: Community Engagement Action Plan Exhibit A Community Engagement Action Plan The City of San Rafael is committed to improving government engagement with the community and transparency. In late 2013, the City Council appointed an ad hoc Council subcommittee to address resident and stakeholder engagement with City issues as well as City government transparency. The subcommittee conducted two surreys and three public meetings to gather information about how people would prefer to engage with the City and perceptions of the City's transparency and outreach efforts. The City has identified the following five primary strategies to improve government engagement and transparency, with suggested action items for each with timeframes and resources required. 1. Demystify Local Government. Clarify City processes and how to best participate in civic affairs. Better communicate the type of engagement that we are seeking on a given topic and how representative government effectively functions. Action Items A. Create a centralized online media center on the City website for all communications channels across different departments and topics, including simple sign-ups for topical email alerts. (Timeframe: short term / Resources: moderate staff time, minor budget impact) B. Conduct a media blitz about the various ways to get information about City issues and processes. (Timeframe: short term I Resources: minor staff time, minor budget impact) C. Use clearer language in naming agenda items and add a summary at the top of lengthy reports. (Timeframe: short term / Resources: minor staff time) D. Hold meetings during non-standard working hours on topics where the city is seeking robust community engagement. (Timeframe: short term 1 Resources: minor staff time) E. Add a page to the Community Services Newsletter with a message from the City Manager for citywide issues. (Timeframe: short term / Resources: minor staff time) F. Support and enhance educational and engagement opportunities such as Citizen Planning Academy, Citizen Police Academy, community socials, and departmental "Open Houses." (Timeframe: long term / Resources: moderate staff time, minor budget impact) 2. Engage Earlier. Get the word out early to the community on projects and programs, including items on board and commission agendas, to increase participation prior to City Council meetings and decisions. Action Items A. Include key forthcoming issues on various Boards' and Commissions' agendas in Snapshot, social media, and other communication mechanisms. (Timeframe: short and long term / Resources: moderate staff time) Exhibit A B. Develop consistent and effective communications guidelines for staff to follow on key issues and project, including outreach protocols, correspondence response expectations, and staff training on these guidelines. (Timeframe: long term / Resources: moderate staff time) C. Organize staff to regularly visit neighborhood associations and other interested groups. (Timeframe: long term / Resources: high staff time) D. Offer a city -staff -written guest column for neighborhood and other newsletters. (Timeframe: long term / Resources: moderate staff time) E. Coordinate press releases throughout the City departments, including sending press releases to the Chamber of Commerce, community organizers, schools, neighborhood and homeowners associations, and the Downtown Business Improvement District. Additionally, add RSS feed capability to press release webpages. (Timeframe: short term / Resources: minor staff time) F. Consider hiring a Public Information Officer or Communications Coordinator to facilitate communication and outreach to the public on key issues. (Timeframe: long term / Resources: high staff time, moderate budget impact) G. Increase number of ad hoc community meetings on topics of critical interest, including creating best practices on when'and how to conduct meetings effectively as well as a pre -community meeting checklist. (Timeframe: long term / Resources: high staff time) 3. Hable Espanol. Improve communication and soliciting feedback from our Spanish- speaking community. Action items A. Translate more documents and communications into Spanish. (Timeframe: short term / Resources: moderate staff time, moderate budget impact) B. Increase media coverage in Spanish language publications, including print, radio, and television. (Timeframe: long term / Resources: moderate staff time) C. Install bilingual electronic signage in front of the Albert J. Boro Community Center (Timeframe: short term / Resources: minor staff time, minor budget impact) 4. Enhance Technological Tools. Utilize technology for improved communication, tracking, and online resources and engagement. Action Items A. Create a City NextDoor account to engage with residents online, also including staff training and procedures. (Timeframe: short term / Resources: moderate staff time) Exhibit A B. , Improve timely handling of citizen complaints and correspondence with standardization of internal procedures and customer relationship management software: (Timeframe: longterm / Resources: moderate staff time, minor budget impact) C. Add mobile reporting app options for community members to report potholes, graffiti, etc. (Timeframe: long term / Resources: moderate staff time, minor budget impact) D. Explore online participation tools for topics and issues in the community. (Timeframe: long term / Resources: high staff time, moderate budget impact) E. Increase the City's participation in open data initiatives by releasing public data sets online. (Timeframe: short term / Resources: moderate staff time) F. -Enhance accuracy and timeliness of information on the City's websites. (Timeframe: long term / Resources: moderate staff time) G. Enhance the design and content of the Snapshot email newsletter. (Timeframe: short term / Resources: moderate staff time) 5. Close the Feedback Loop. Communicate better about the engagement process and the feedback that was received. Let people know about decisions and any follow-up actions or next steps. Action Items A. Create an internal Communications Committee with representatives from each department. (Timeframe: short term / Resources: moderate staff time) B. Add a community outreach section to all appropriate staff reports to City Council noting feedback received. (Timeframe: short term / Resources: minor staff time) C. On a project basis, as issues go before Boards and Commissions, include information about public feedback received. (Timeframe: short term / Resources: moderate staff time) D. On a project basis, gather contact information from people offering feedback on an issue (whether in-person, via email, eta), then communicate decisions at the end of the process. (Timeframe: short term / Resources: moderate staff time)