HomeMy WebLinkAboutDRB 2013-09-17 #3 CITY OF
Community Development Department – Planning Division
Meeting Date: September 17, 2013
Case Numbers: ZO10-001
Project Planner: Kraig Tambornini (415) 485-3092
Agenda Item: ____
REPORT TO DESIGN REVIEW BOARD
SUBJECT: San Rafael Municipal Code Title 14 and Title 17 Amendments (Zoning Ordinance) –
ZO10-001. Amendments to the Zoning Regulations and Title Tideland Permit requirements
(text-only edits), applying City-wide.
BACKGROUND & SUMMARY
The Community Development Department, Planning Division is responsible for conducting a periodic
review of the San Rafael Municipal Code (SRMC) Title 14 (Zoning), and consider comprehensive
review or updates to respond to changes in state and federal regulations, or local policies including
updates to the General Plan 2020.
The San Rafael Municipal Code, Chapter 14 - Zoning, is comprised of five distinct divisions, as follows:
• Division I. General Provisions: Includes Chapter 14.01 Title, Components and Purpose, Chapter
14.02 Organization, Applicability and Interpretation, and Chapter 14.03 Definitions.
• Division II. Base District Regulations: Includes Chapters 14.04 through 14.11 that contain the Land
Use Tables and Development Standards for the City zoning districts, i.e., Residential Districts,
Commercial and Office Districts, Industrial Districts, Planned Development District, Marin District,
Public/Quasi-Public District, Parks/Open Space District and Water District.
• Division III. Overlay District Regulations: Includes Chapter 14.12 Hillside Development Overlay
District (-H), Chapter 14.13 Wetland Overlay District (-WO), Chapter 14.14 Eichler and Alliance
Homes Overlay District (-E/A), and Chapter 14.15 Canalfront Review Overlay District (-C.
• Division IV. Regulations Applying in All or Several Districts: Includes Chapter 14.16 Site and Use
Regulations, Chapter 14.17 Performance Standards, Chapter 14.18 Parking Standards, and
Chapter 14.19 Signs.
• Division V. Administrative Regulations: Include Chapters 14.20 through 14.30 that contain the
Zoning Administrator Authority, Administrative Permits, Use Permits, Variances, Exceptions,
Environmental and Design Review Permits, Request for Reasonable Accommodation,
Amendments, Appeals, Public Notice and Enforcement.
The City Zoning Code underwent a comprehensive update in 2004, and prior to that in 1991. These
code updates were implemented in response to the adoption of comprehensive updates made to the
City of San Rafael General Plan (i.e., General Plan 2020, and prior General Plan 2000). A
comprehensive code update is not being proposed or recommended at this time.
In 2009, staff initiated a group of zoning code amendments as a general ‘clean-up’, streamline certain
types of discretionary review, broaden and improve interpretations, and reduce the discretionary permit
process for new and existing businesses in response to the economic recession. On June 21, 2010, the
City Council adopted the set of amendments to various sections of the San Rafael Municipal Code
(SRMC) Title 14 (Zoning), by Ordinance No. 1882 (File ZO09-001). At that time, staff noted that
additional amendments were being considered, that might require more detailed review and discussion
by the Design Review Board, Planning Commission and City Council (aka, Phase II).
Amendment to the zoning code is a legislative action that requires the affirmative recommendation by
no fewer than four Planning Commissioners and adoption by a majority vote of the City Council at a
public hearing held during a regularly scheduled meeting. Notice of meetings on the proposed
2
amendments must be mailed to all interested and affected parties at least 15 days prior to the hearing;
including all active business and homeowners or neighborhood associations (with contact information
on file with the City).
The project has not required mailing of notices to any individual property owners, nor any interested
public agencies, given that the project consists only of edits to the zoning code text and would not
affect the zoning map or land uses or zoning standards that could impact policies or services provided
by any other agency. Further, no public posting of the proposed edits is required as the amendments
are City-wide and are not related to a specific site. Publication of a notice of the proposed text edits
has been provided in the Marin Independent Journal.
DISCUSSION OF AMENDMENTS
These Phase II amendments are reflected in Exhibit A, and generally address the following topic areas:
9 New and revised Chapter 14.03 Definitions to improve existing definitions, coincide with code
changes and provide definitions for undefined terms
9 Revisions to Chapter 14.12 Hillside Overlay District to codify past practices and clarify review
requirements.
9 Revisions to the Chapter 14.13 Wetland Overlay District regulations, in response to amendments to
the General Plan 2020 Conservation Element.
9 New Emergency Shelters definitions in Chapter 14.03 and regulations in Chapter 14.16, and
amendments to the various zoning district Land Use Tables in Division II, to implement recent
revisions made to the General Plan 2020 Housing Element, in response to state law requiring the
City to permit Emergency Shelters within the City.
9 Adoption of Chapter 14.16 standards to address sustainability, including Solar and Small wind
energy systems standards in Chapter 14.16 and Parking lot screening and landscaping standards
in Chapter 14.18 in response to state laws requiring the City to respond to global climate change,
and adoption of the General Plan 2020 Sustainability Element.
9 Revisions to various Chapter 14.03 Definitions, Division II Base District – Land Use Tables, Chapter
14.16 Site and Use Regulations and Chapter 14.17 Performance Standards sections, Chapter
14.19 Signs, and Chapter 14.25 Environmental and Design Review to improve interpretations, past
practice, and consistent application of standards to properties throughout the City.
Staff requests that the Board conduct a hearing on the edits and provide its comments, particularly on
topics related to site and design matters, which are considered to be found in the following areas:
• Chapter 14.03 Definitions. New definitions for “Height” and other land use terms proposed
consistent with related text changes. The Board has expressed its prior interest in amending the
method for determining height in non-hillside areas. Staff has concluded that the draft amendment
would memorialize the current method of height measurement and provide consistency and clarity
moving forward, particularly for complex large, multi-level buildings (such as 33 San Pablo Ave).
• Chapter 14.12 Hillside Overlay District. Amendments made to this section address review
requirements for alternative driveway and parking design recommendations, consistent with past
practice and policies contained in the Hillside Design Guidelines Manual.
• Chapter 14.16 Site and Use Regulations. Revisions have been made to the Accessory structures
section, and Fences and walls (in an effort to expand allowed structures, improve applicability to
varied lot types and configurations that exist throughout San Rafael, and assure these sections are
internally consistent), adopt Light and glare standards that would apply city wide, and adopt Small
wind energy systems to implement General Plan 2020 Sustainability Element policies.
• Chapter 14.17 Performance Standards. Adopt Outdoor storage standards.
3
• Chapter 14.18 Parking Standards. Amend section 14.18.160 Parking lot screening and landscaping
standards to increase tree coverage, (including a recommended tree planting list proposed to be
provided as a supplemental handout to designers),
• Chapter 14.19 Signs. A proposed amendment adding section 14.19.070.I to allow temporary
window sign covering of vacant or under construction storefronts, and
• Chapter 14.25 Design Review. Changes propose to exempt upper story residential additions of 500
square feet and less from design review, and to require administrative design review of accessory
structures proposed on nonresidential and multi-family development.
The edits are provided in strikeout and underline format. Edits to the Land Use Tables, Development
Standards Tables and Parking Chart have been printed for the Board in blue font typeface, in order to
help locate these changes. Staff requests comment on the specific topics identified above, as well as
any additional comments on the proposed edits or whether there may be any additional suggested
edits for consideration by the Planning Commission.
ENVIRONMENTAL REVIEW
The draft amendments to the San Rafael Municipal Code, Title 14, do not propose any changes to City
policies or regulations that would result in a direct or indirect physical, environmental impact. The
additional regulations either codify existing long-standing interpretations made based on existing
guidelines or policies, or locally implement state and federal laws, or implement new policies adopted
as part of the City General Plan 2020. Therefore it has been determined that this ordinance amendment
is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to
projects which have the potential for causing a significant effect on the environment pursuant to CEQA
Guidelines Section 15061(b)(3), and is not subject to environmental review.
INTER-DEPARTMENTAL REVIEW AND COMMENT
The draft amendments have been referred to the City Attorney, Community Services, Building, Fire and
Public Works departments for review and comment. Staff has incorporated recommended changes and
confirmed the amendments would be compatible with regulations enforced by these other departments.
Public Works Department staff will provide Sight Distance exhibit for inclusion into proposed Section
14.16.295. In addition, staff has discussed Section 14.16.205 with Marin Sanitary Service (MSS) that
would codify the requirement for provision of refuse enclosures, and confirmed that this section would
be compatible with its recommendations on design and planning for trash enclosures.
PUBLIC REVIEW AND COMMENT
Staff referred the draft copies of the proposed Municipal Code amendments to several neighborhood
and interest groups for preliminary review and comment. Exhibit A reflects changes made responding
to some, not all, of the comments received from the public. Groups that either reviewed or received
presentations on the draft zoning code edits, and any comments made, are summarized below for the
purpose of this review by the Board members and public:
• Federation/North San Rafael Coalition. At its May 29, 2013 meeting, staff presented a summary of
the edits. Staff subsequently met with neighborhood representative, Hugo Landecker, and
discussed the administrative draft.
• Sustainable San Rafael (SSR). On June 10, 2013 representative, Bill Carney, provided comments
on the draft document. Staff has provided recommended tree species for parking lots, and added
provisions for solar facilities, which are in part in response to SSR comments. Additional
suggestions were made that quick-charging stations should be required for new or major remodeled
gas stations. It was stated that 440V quick-charging stations can bring most electric-vehicles up to
80% capacity in 20 minutes – time for a cup of coffee. Staff agrees this may be a good idea, but
4
does not have sufficient data to determine if this would be feasible or consistent with trends. At this
time, staff is only requiring pre-wiring for electric-vehicle charging in parking lots.
• Climate Change Action Committee meeting. On July 25, 2013 staff presented a summary of the
proposed changes. One of the recommendations received suggested that allowance for solar on
carports should be provided. Staff has incorporated a new section that would respond to this
comment.
• Chamber of Commerce meeting. On August 20, 2013 staff provided a summary of the suggested
edits.
• Marin Conservation League, Barbara Salzman reviewed and commented on the proposed changes
to the Wetland Overlay –WO district amendments in June 2013. Staff has included suggested
changes to correct and clarify some terms, and define the term “minor encroachment”.
On or before August 31, 2013, notice of the September 17, 2013 Board meeting was distributed and
mailed to the various business, neighborhood and interest groups with addresses on file with the City,
and published in the Marin Independent Journal. Staff will forward copies of any comments received to
the Board for its consideration.
EXHIBITS
A. Title 14 Zoning Ordinance draft text changes
B. General Plan 2020 pertinent policies
C. Parking lot tree planting, recommended list
D. Public Notice
