HomeMy WebLinkAboutPlanning Commission 2018-09-25 Agenda Packet
AGENDA
SAN RAFAEL PLANNING COMMISSION
REGULAR MEETING
TUESDAY, September 25, 2018, 7:00 P.M.
COUNCIL CHAMBERS, CITY HALL, 1400 FIFTH AVENUE
SAN RAFAEL, CALIFORNIA
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
Anyone with an urgent communication on a topic not on the agenda may address the Commission at this time. Please notify the
Community Development Director in advance.
CONSENT CALENDAR
1. Minutes, 8/28/18
PUBLIC HEARINGS
2. Amendments to San Rafael Municipal Code (SRMC) Title 11 (Public Works) and Title 14
(Zoning Ordinance) and Zoning Map amendments, including a) revisions to encroachments
into the right of way excluded from permit requirements; b) consideration of text
amendments to zoning ordinance for chapters and sections in an effort to correct minor text
errors and internal inconsistencies; clarify text; and to modify land uses and land use
definitions and standards. c) consideration of Map Amendments to include modification to
the zoning district boundary line for three properties located at Rive Dive/Francisco Blvd
(APN’s 013-041-52, -55, -67) and 2 properties located at Lincoln Ave/Prospect Drive
(APN’s 011-092-15 and -26); Citywide; File No: ZO18-002/ ZC18-001. Project Planner:
Alicia Giudice
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I. Next Meeting: October 9, 2018
II. I, Anne Derrick, hereby certify that on Friday, September 21, 2018, I posted a notice of the September
25, 2018 Planning Commission meeting on the City of San Rafael Agenda Board.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, August 28, 2018
Regular Meeting
San Rafael Planning Commission Minutes
For a complete video of this meeting, go to http://www.cityofsanrafael.org/meetings
CALL TO ORDER
Present: Jack Robertson
Sarah Loughran, Vice-Chair
Mark Lubamersky
Aldo Mercado
Jeff Schoppert
Absent: Barrett Schaefer
Berenice Davidson
Also Present: Raffi Boloyan, Planning Manger
Sean Kennings, Project Planner
PLEDGE OF ALLEGIANCE
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
URGENT COMMUNICATION
CONSENT CALENDAR
1. Minutes July 10, 2018
Jeffry Schoppert moved and Jack Robertson seconded to approve Minutes as presented. The vote is as
follows:
AYES: Jack Robertson, Jeff Schoppert, Sarah Loughran, Vice-Chair, Aldo Mercado
NOES: None
ABSTAIN: Mark Lubamersky
ABSENT: Barrett Schaefer, Berenice Davidson
PUBLIC HEARINGS
2. 1650 Los Gamos Drive (Kaiser Medical Offices)– Request for Planned Development (PD)
Rezoning, Environmental and Design Review Permit , Master Use Permit and Sign
Program amendment for the conversion of an existing three-story office building to
medical office uses and the construction of a new 37-foot tall, 3-level, 433- stall parking
structure on the western parcel at 1650 Los Gamos Drive in North San Rafael; APN: 011 -
256-12, 011-256-13; PD 1590 District; Kaiser Foundation Health Plan, owner/applicant; File
No(s).: ZC17-001, ED17-011, UP17-005, SP17-002, NM17-001, IS17-001. The PD Rezoning
also requires amending the current PD (PD 1590) to remove language specific to the 1650
Los Gamos Drive property for APN: 011-256-10, 011-256-11. Following the Planning
Commission’s review and recommendation, the application will be considered by the City
Council for final action at a future public hearing. Project Planner: Sean Kennings
Staff Report
Jeffry Schoppert moved and Mark Lubamersky seconded to recommend to the City Council approval of
the Final Environmental Impact Report. The vote is as follows:
AYES: Jack Robertson, Sarah Loughran, Vice-Chair, Mark Lubamersky, Aldo Mercado, Jeffry
Schoppert
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Berenice Davidson
Jeffry Schoppert moved and Mark Lubamersky seconded to recommend to the City Council the approval
of 1) Adoption of CEQA Findings, 2) Adoption of a Statement of Overriding Considerations, 3) Approval of
the Mitigation Monitoring Program (MMRP). The vote is as follows:
AYES: Jack Robertson, Sarah Loughran, Vice-Chair, Mark Lubamersky, Aldo Mercado, Jeffry
Schoppert
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Berenice Davidson
Jack Robertson moved and Jeffry Schoppert seconded to approve Motion to recommend to City Council
approval of an amendment to Planned Development (PD-1590) to 1) Separate 1650 Los Gamos Drive
from existing PD-1590 and 2) Create a new PD Zoning District for 1650 Los Gamos. The vote is as
follows:
AYES: Jack Robertson, Sarah Loughran, Vice-Chair, Mark Lubamersky, Aldo Mercado, Jeffry
Schoppert
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Berenice Davidson
Mark Lubamersky moved and Aldo Mercado seconded to approve Motion to recommend to the City
Council approval of an amendment to PD-1590 for 1600 Los Gamos Drive to remove preferences to the
1650 Los Gamos Drive property from the PD District text, since the property was rezoned into a separate
PD District by separate action. The vote is as follows:
AYES: Jack Robertson, Sarah Loughran, Vice-Chair, Mark Lubamersky, Aldo Mercado, Jeffry
Schoppert
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Berenice Davidson
Jeffry Schoppert moved and Jack Robertson seconded to approve Motion to recommend to the City
Council approval of a Master Use Permit, Environmental Design Review Permit and a Sign Program
Amendment. The vote is as follows:
AYES: Jack Robertson, Sarah Loughran, Vice-Chair, Mark Lubamersky, Aldo Mercado, Jeffry
Schoppert
NOES: None
ABSTAIN: None
ABSENT: Barrett Schaefer, Berenice Davidson
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
I.
Next Meeting: September 11, 2018
II.
I, Anne Derrick, hereby certify that on Friday, August 17, 2018, I posted a notice of the
August 28, 2018 Planning Commission meeting on the City of San Rafael Agenda Board.
2
___________________________________
ANNE DERRICK, Administrative Assistant III
APPROVED THIS_____DAY____OF_______, 2018
_____________________________________
Larry Paul, Chair
Community Development Department – Planning Division
Meeting Date: September 25, 2018
Agenda Item:
Case Numbers:
ZO18-002/ZC18-001
Project Planner:
Ali Giudice, Senior Planner
(415) 485-3092
REPORT TO PLANNING COMMISSION
SUBJECT: Amendments to San Rafael Municipal Code (SRMC) Title 11 (Public Works) and
Title 14 (Zoning Ordinance) and Zoning Map amendments, including a) revisions to
encroachments into the right of way excluded from permit requirements; b) consideration of text
amendments to zoning ordinance for chapters and sections in an effort to correct minor text errors
and internal inconsistencies; clarify text; and to modify land uses and land use definitions and
standards. c) consideration of Map Amendments to include modification to the zoning district
boundary line for three properties located at Rive Dive/Francisco Blvd (APN’s 013-041-52, -55, -67)
and 2 properties located at Lincoln Ave/Prospect Drive (APN’s 011-092-15 and -26); Citywide; File
No: ZO18-002/ ZC18-001
EXECUTIVE SUMMARY
The City of San Rafael has undertaken the task of amending selected chapters of the San Rafael Municipal
Code, an effort to clarify code requirements, correct minor text errors and internal inconsistencies and to
implement standards that have already been vetted through adopted plans or policies.
Proposed changes that would modify design-related criteria were presented to the Design Review Board
(DRB) on August 21, 2018, for comments. A description of the DRB recommendations is provided in the
Design Review Board section below and discussed in more detail in the project description section below.
The specific topic areas evaluated by the DRB included:
• Community signs;
• Fence heights;
• Hillside “step backs;” and
• Accessory structures.
In addition to amendments to design-related amendments proposed, there are other miscellaneous
amendments proposed to various development standards. This report focuses on all proposed
amendments that staff is asking the Planning Commission to weigh in on and provide their
recommendation to the Council for final action. All the proposed amendments are minor in nature, and
either clarify or improve consistency or add new requirements regulating from recently passed state law or
city plans. There are two zoning map amendments proposed, one for Rice Dr/Francisco Blvd and one for
Lincoln Ave/Prospect Dr. These amendments are minor in that they either address changes to property
boundaries resulting from the SMART extension or update the zoning map to be consistent with the
General Plan land use designation. The full text of the amendments are included in Attachment A-C to the
Resolution (Exhibit 1)
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 2
RECOMMENDATION
It is recommended that the Planning Commission take the following action:
1. Adopt a Resolution recommending to the City Council adoption of amendments to the San Rafael
Municipal Code, including:
• Text amendments to the San Rafael Municipal Code, Title 11 (Public Works).
• Text amendments to miscellaneous development standards in Title 14 (Zoning)
• Map amendments to modify the zoning for two properties located at 1533 Lincoln Avenue and
1529 Lincoln Avenue (the adjoining vacant lot at APN 011-092-15) from split zoning (part
HR1;part R5) to HR1 zoning district for the entirety of both sites; APNs:011-092-15 and -33 and
for the property known as Rice Drive (an abandoned public right-of-way generally located
between Francisco Boulevard West to the north and the SMART property to the south) by
adjusting the adjacent GC zoning district boundary to encompass the project site; APNs: 013-
041-52, -55, -67
BACKGROUND
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 and bring forward policies that are part of recently adopted/accepted City plans
(i.e. Community Engagement Action Plan, Downtown Parking and Wayfinding Study; Hillside Design
Guidelines, etc.)
Proposed text amendments that would modify design-related criteria were presented to the Design Review
Board (DRB) for input and recommendation. These 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. A summary of the DRB recommendations are provided in the Design
Review Board Section below.
PROJECT DESCRIPTION
The full extent of the map and text amendments t hat are proposed as part of this phase of amendments
are included in the Attachments of Exhibits 1-3. Below are a group of some of the key amendments for
the Planning Commission to consider, grouped as Title 14 -Text Amendments, Map Amendments, Title 11
Text Amendments
Title 11 - Public Works Text Amendments
Section 11.04 (Encroachments in the Public Right of Way). See Attachment A of Exhibit 1
SRMC Section 11.04 establishes a review and permit process for projects that involve encroachments into
the public right of way. Certain encroachments are exempt from this process. Amendments to Section
11.04.030.020 propose to add bay windows, balconies, and projecting awnings that provide adequate
vertical clearance from the street and do not obstruct above ground utilities, street lights or street signals.
The full text of the amendment is included in Attachment A of Exhibit 1.
Title 14 - Zoning Text Amendments
Section 14.16.020 (Accessory Structures) See Attachment B of Exhibit 1 (pages 9-10)
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
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 3
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 add ition, 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 for such requests and would clarify that the maximum building height for accessory
structures is 15 feet. A complete text of the amendment is provided in the attachment to Exhibit 1
Section 14.12.030 (Hillside Step Backs) - See Attachment B of Exhibit 1 (page 8)
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 maximum building envelope (setbacks). 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 (15') of the building envelope limit.
This amendment is intended to provide better clarity to applicants by implementing standards to the wall
height requirements that are already included in the Hillside Design Guidelines. The full text of the
amendment is included the attachment to the Resolution (Attachment B of Exhibit 1). This topic was
discussed by the Design Review Board at their August 21st meeting. The DRB recommended the inclusion
of graphics to help demonstrate how the step back might be applied to a hillside lot. Staff is bringing this
item forward without the recommended graphics for the following reasons:
• The text amendment is intended to bring forward requirements that are already part of the Hillside
Design Guidelines.
• The Hillside Design Guidelines contains graphic representation of how the step backs might be
applied to a development proposal. This is used as a guide for discussions with applicants.
• There are a variety of situations where the step back requirement might be applied thus making it
difficult to adopt a diagram as part of a code requirement.
Sample sheets taken from the Hillside Design Guidelines showing how the step back might be reflected in
development proposal are included as Exhibit 2 for reference.
Section 14.16.140 (Fences and Walls) - See Attachment B of Exhibit 1 (pages 9-12)
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).
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 4
The goal of the proposed amendments is to:
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. Raise the maximum fence height to
a. No more than 7 feet permissible without planning permits (see Design Review Board
discussion below).
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 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.
Section 14.16.245 (Ministerial By-Right” process for Multi-family Housing Projects) - See Attachment B of
Exhibit 1 (Page 14)
New section to be added. In 2018, the State legislature adopted numerous housing bills intended to
encourage development of housing at all income levels. Senate Bill 35 (SB35) is intended to provide a
streamlined process for eligible multi-family affordable housing projects. SB35 stipulates that eligible
projects (located near major transit and paying prevailing wage salaries for construction workers) must be
processed at a ministerial level (no public review process) and within a certain timeline.
The City is in the process of developing a process and preparing a list of objective standards in the form
of a policy resolution to the Planning Commission for recommendation to the City Council. Th is policy
resolution would establish a list of objective planning standards, would require applications meet specific
levels of affordable housing, and obligate developers to comply with specific to hiring (skilled and trained
workforce) requirements and prevailing wage requirements. In the meantime, Section 14.16.245
(Ministerial By-Right” process for Multi-family Housing Projects) is presented for adoption to be used as a
placeholder for reference in presentation of a future resolution.
Section 14.16.335 (Transfer of Floor Area Ratio Amongst properties) - See Attachment B of Exhibit 1 (Page
15)
Modify the existing section. The City’s General Plan 2020 includes policies to allow transfer of Density and
Floor Area Ratios amongst properties. These policies were to be adopted as part of the zoning ordinance.
While standards for allowing transfer of density was adopted in the zoning code, standards for allowing
transfer of floor area ratios was not. This proposed amendment would bring forward language already
established under the General Plan the provides a method for evaluating requests for such transfers;
establishes use permits as the mechanism for reviewing this type of request and give the City Council
review authority.
Section 14.17.030 – (Community Gardens) - See Attachment B of Exhibit 1 (Page 15-17)
New section to be added. In 2009, the City adopted a Climate Action Plan (CAP), a document meant
respond to state regulations requiring local jurisdiction to reduce greenhouse gasses. The CAP includes
a greenhouse gas reduction strategy through implementation of programs geared toward reducing
greenhouse gasses. One recommendation includes increasing local food production by encouraging
community gardens throughout the City. To that end, Section 14.17.030 (Community Gardens) is
recommended for adoption to provide standards for reviewing request for new community gardens. This
section establishes that community gardens are permitted in all districts and will be reviewed at a ministerial
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 5
level (no discretionary process) to assure compliance with objective standards, including but not limited to
the following:
• Parking
• Trash and recycling
• Material storage
• Lighting
• Signage
• Compliance with regulations established by other agencies.
Creation of this ordinance also implements the General Plan’s Sustainability, Neighborhood and Parks
and Recreation Elements policies SU-8, NH-14 and PR-16.
Section 14.18 (Parking) – Specifically, 14.18.010 (Specific Purpose); 14.18.040 (Parking Requirements);
14.18.060(A) (Downtown Parking Assessment District); 14.18.080 (Parking); 14.18.090 (Bicycle Parking);
Section 14.18.120 (Tandem Parking prohibited); Section 14.18.220 (On-site and Remote Parking) and
Charts 14.18.040. See Attachment B of Exhibit 1 (Pages 17-24)
Modify existing sections. On January 16, 2018, the City Council accepted a report on a downtown parking
and wayfinding study that was conducted over several years. The study analyzed parking occupancy
levels in the downtown area and concluded that, overall parking was sufficient to accommodate the current
parking demand. The study also evaluated the City’s current parking standards and regulations and
created a list of recommendations for the City to consider. These recommendations were categorized as
short-term, mid-term, and long-term and includes suggested changes to the City’s zoning ordinance to
provided clarity, flexibility, and in some cases an overall reduction in the parking requirements for certain
types of projects in the downtown. This phase of amendments addresses the short-term and some of the
mid-term zoning ordinance amendments, with the intent of:
• Promoting the use of alternate modes of transportation;
• Establishing opportunities for innovative methods of addressing parking;
• Allowing for parking modifications/reductions for projects that allow private parking to be used for
public uses;
• Allowing for 20% reduction in parking for non-residential uses;
• Allowing for further reduction in parking for projects that provide an increased amount of bicycle
parking beyond that required;
• Allowing for tandem parking opportunities.
Section 14.19 (Signs) - See of Attachment B of Exhibit 1 (Page 24-26)
Modify sections 14.19.030 (Exempt Signs), 14.19.055 (Illumination Standard) and 14.19.080 (Prohibited
Signs to add provisions for community signs. One of the intended purposes of the recommended change
regarding electronic signage is to implement an item in the City Council approved “Community
Engagement Action Plan.” (Included as Exhibit C to this report). The Plan, accepted by the City Council in
January 2015, included a section entitled “Hable Español.” The follow-up action items were to translate
more documents into Spanish, increase media coverage in Spanish, and to “install bilingual electronic
signage in front of the Albert J. Boro Community Center.” At the time, the electronic signage was listed as
a “short term” action item, but the length of the process increased based on the necessary prerequisite of
a zoning amendment and the desire the bundle together a number of amendments at the same time.
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.
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 6
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.
This would also necessitate 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 Attachment B
of 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 and would allow staff install
the electronic signage without further delay.
Cannabis related edits
As the Commission may recall, the City amended the Zoning Ordinance earlier this year to add land use
allowances and other standards for cannabis related uses. The zoning edits implemented the City
Council’s direction to establish a pilot program to allow certain cannabis related uses in certain zoning
districts. The type of cannabis uses that were added to the zoning ordinance earlier this year were cannabis
infused products, cannabis testing and cannabis delivery. These were all for medicinal cannabis only, with
the exception of cannabis testing, which covered both adult use as well as medicinal. Since those
amendments, the City Council has also authorized one additional cannabis related use, distribution.
A “cannabis distributor” purchases, sells, arranges for testing, constructs quality assurance review of
packaging and labeling and transports goods between licenses. Therefore, staff has included a series of
edits to incorporate “cannabis distribution”, including a new definition in Chapter 14.03, land use
allowances in the certain commercial and industrial zoning districts (14.05.020 and 14.06.20), and a site
and use regulation (14.16.045) and parking standard (14.18.040). The location proposed for cannabis
distribution to be allowed is only in the Industrial (I), Light Industrial/Office (LI/O) and Core-Canal
Industrial/Office (CCI/O) Zoning Districts (14.06.020). Although the category is included in the commercial
districts (14.05.020), the land use allowances are left blank to illustrate that this type of cannabis related
use is not allowed in any of the commercial districts. These edits are illustrated in detail in Attachment B
of Exhibit 1.
Other Edits
The Citywide effort to amend the code includes a series of other text amendments that are intended to
correct errors or that are re-written to provide greater clarity based on staff interaction with the public.
These amendments are included in Attachment B of Exhibit 1.
Title 14 -Zoning Map Amendments
Lincoln Avenue - Attachment C of Exhibit 1
This map amendment entails two properties located on Lincoln Avenue.
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 7
• APN 011-092-26 is developed and has an address assigned (1533 Lincoln).
• APN 011-092-15 is vacant and does not have an official address assigned yet.
The properties have a General Plan Land Use designation of High Density Residential. The zoning for the
property is split with the easterly half falling within the HR1 (High Density Residential) Zoning District, which
is consistent with the GP Land Use designation of High Density Residential and the westerly half of the
property falling within the R5 (Single-Family Residential) Zoning District, which is not consistent with the
GP Land Use designation of High Density Residential. The proposed zoning map amendment to modify
the zoning for two properties would change the property from split zoning (part HR1; part R5) to HR1
zoning district for the entirety of both sites to be consistent with the General Plan Land Use designation. A
diagram of the proposed change is included as Attachment C of Exhibit 1.
Rice Drive - Attachment C of Exhibit 1
The segment of Rice Drive, between Francisco Boulevard West and Sonoma Marin Rail Transit District
was recently involved in a land transfer that involved Cal Trans, SMART and the City of San Rafael. There
is an expected additional land swap that will grant property to a private property owner in exchange for
equal amount of land (located in the GC zoning district) to facilitate the SMART Rail extension through this
part of San Rafael. Pursuant to San Rafael Municipal Code Section 14.02.020- “Public streets, utility and
other right-of-ways are the boundaries of the zoning districts.” Where right-of-way abandonments occur,
the zoning district boundary defaults to the centerline of the right-of-way. In order to facilitate the additional
land transfer to a private property owner and complete the formal abandonment process, SMART is
requesting the adjacent GC (General Commercial) Zoning District boundary be extended over the entire
right-of-way which includes APNs: 013-041-52, -55, -67.
ANALYSIS
General Plan 2020 Consistency:
Zoning Ordinance amendments are routinely undertaken by the city to correct errors, provide clarifications,
and implement programs that have been considered by an adopted plan or have undergone some sort of
vetting process. These amendments would comply with the following General Plan policies:
• LU-9. Intensity of Nonresidential Development. Transfers between or among sites shall not be
permitted except with City Council approval;
• LU-23a. Zoning Ordinance Amendments. Revise the zoning ordinance, including the zoning map,
to implement General Plan land use designations, densities, intensities, and 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.
• C-29c. Innovative Off-Street Parking. Where feasible, allow off-street parking through stackable
and automated parking systems.
• C-30a. Downtown Parking District. Conduct periodic evaluations and, consistent with State Law,
modify the Downtown parking regulations to meet changing needs and to optimize parking
Downtown
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 8
• SU-8 - Local Food Production. Increase local food production.
• SU-8a. Farmers Markets. Continue to promote local farmers markets. Responsib ility:
Economic Development Timeframe: Ongoing Resources:
• SU-8b. Home and Community Gardens. Encourage the creation of home and community
gardens, including possible use of surplus City properties for community gardens.
• SU-8c. Community Garden Standards. Examine practices and standards that could be
established to permit community gardens by right based on performance standards
• 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.”
• PR-16. Community Gardens - Continue to support and maintain community gardens and look for
ways to sustain the gardens
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
DESIGN REVIEW BOARD RECOMMENDATION
On August 21, 2018, the Design Review Board had an opportunity to comment on certain sections of the
proposed text amendments that had design related criteria. The sections discussed along with a summary
of the DRB’s recommendation is provided below:
1. Community signs- The DRB recommended adding two additional standards that prohibit neon signs
and requires a 90-day post installation review.
2. Accessory structures - No changes were recommended by the DRB.
3. Fence heights - Staff presented a proposal to amend the zoning ordinance to allow a height of 8
feet so long as the top 2 feet of the fence included some sort of decorative element subject to
review by the Planning Department. The DRB discussed this topic at length and instead
recommended a maximum height of 7 feet and requiring the top 12 inches remain 50 percent or
more open. Staff has modified the proposed text amendments to reflect the maximum height
recommended by the DRB. However, staff is not recommended a requirement that the top portion
of the fence remain open as recommended by the board. The open fence requirement was
eliminated from our zoning ordinance during prior phases of the City’s zoning ordinance
amendments as it was often difficult to regulate. As such, the proposed text does not include the
open fence requirement.
4. Hillside step backs – The DRB discussed this topic at length. The DRB’s primary concern was that
the proposed language would be difficult for an applicant to understand. The DRB recommended
that the proposed amendment to the Hillside ordinance be back to them with incorporation of
graphics to demonstrate how the language could be applied to a development project. Staff is
recommending that the Planning Commission adopt the proposed language without the added
graphics for the following reasons:
o The text amendment is intended to bring forward requirements that are already part of the
Hillside Design Guidelines.
o The Hillside Design Guidelines contains graphic representation of how the step backs might
be applied to a development proposal. This is used as a guide for discussions with
applicants.
REPORT TO PLANNING COMMISSION - Case No: ZO18-002/ZC18-001 Page 9
o There are a variety of situations where the step back requirement might be applied thus
making it difficult to adopt a diagram as part of a code requirement.
Video from this meeting can be viewed at www.cityofsanrafael.org/meetings. The DRB unanimously (4-0)
recommended approval of the above items, with the exception of item 4 as noted above. The PC liaison
was not present at this meeting.
ENVIRONMENTAL DETERMINATION
This project qualifies for exemption from the provisions of the California Environmental Quality Act
Guidelines pursuant to Sections 15183(a) because it entails a project that can be found consistent with the
General Plan policies and pursuant to 15061(b)(3), which states that as a ‘general rule’ the California
Environmental Quality Act (CEQA) applies only to projects which have the potential to cause a significant,
physical environmental effects.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Notice of hearing for the project was conducted in accordance with noticing requirements contained in
Chapter 29 of the Zoning Ordinance. A Notice of Public Hearing was published in the Marin IJ; mailed to
60 Neighborhood Association and all other interested parties; mailed to all property owners and occupants
within a 300-foot radius of the proposed map amendment sites and posted on the aforementioned sites,
15 calendar days prior to the date of all meetings.
At the DRB meeting of August 2, 2018, there was one person from the public present who asked to provide
public testimony. This person requested the following:
• notification of fence projects undergoing administrative design review;
• requiring that administrative design review for fence heights be evaluate for compatibility
with the surround neighborhood.
The DRB did not recommend incorporating these changes.
The City received some phone calls requesting clarification of the amendments. No written public
correspondence was received as of the distribution of this staff report.
OPTIONS
The Planning Commission has the following options:
1. Adopt Resolutions recommending approval of the proposed amendments as presented.
2. Adopt Resolutions recommending approval with some modifications to the proposed amendments.
3. Continue the hearing to allow staff to address the Commission’s comments or concerns.
4. Continue the hearing to allow staff to prepare resolutions for denial of the proposed amendments.
EXHIBITS
1. Draft Resolution Recommending Amendments to the City Council, including Attachments
A. Amendments to San Rafael Municipal Code, Title 11 – Public Works
B. Amendments to San Rafael Municipal Code, Title 14 – Zoning Ordinance
C. Amendments to San Rafael Municipal Code, Title 14 – Zoning Map
2. Hillside Design Guidelines pages 18-20
3. Community Engagement Action Plan 2015
Exhibit 1 Page-1
RESOLUTION NO. ____
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE OF
THE CITY OF SAN RAFAEL AMENDING TITLE 11 (PUBLIC WORKS), TITLE 14
(ZONING ORDINANCE) AND AMENDING THE ZONING MAPS OF THE SAN
RAFAEL MUNICIPAL CODE, INCLUDING: A) REVISIONS TO ENCROACHMENTS
INTO THE RIGHT OF WAY EXCLUDED FROM PERMIT REQUIREMENTS; B)
CONSIDERATION OF TEXT AMENDMENTS TO ZONING ORDINANCE FOR
CHAPTERS AND SECTIONS IN AN EFFORT TO CORRECT MINOR TEXT ERRORS
AND INTERNAL INCONSISTENCIES; CLARIFY TEXT; AND TO MODIFY LAND
USES AND LAND USE DEFINITIONS AND STANDARDS. C) CONSIDERATION OF
MAP AMENDMENTS TO INCLUDE MODIFICATION TO THE ZONING DISTRICT
BOUNDARY LINE FOR THREE PROPERTIES LOCATED AT RICE
DIVE/FRANCISCO BLVD (APN’S 013-041-52, -55, -67) AND 2 PROPERTIES LOCATED
AT LINCOLN AVE/PROSPECT DR (APN’S 011-092-15 AND -26)
(ZO18-002/ZC18-001)
WHEREAS, the City staff has initiated amendments to San Rafael Municipal Code
(SRMC) Title 11(Public Works), Title 14- Zoning (Zoning Ordinance) and Zoning Maps as a
general ‘clean-up’ of the maps and provisions. Through daily use, general application and
interpretation, minor errors, omissions and internal inconsistencies are discovered, which
necessitate correction. In addition, it has been determined that the zoning for selected properties
needs to be updated and/or corrected on the City-adopted Zoning Map. Lastly, over time, certain
provisions and code sections become obsolete and/or need revision to improve use and
interpretation; and
WHEREAS, the amendments to the San Rafael Municipal Code, Title 11, Title 14, and
Zoning Maps, do not propose any changes to City policies or regulations that would result in a
direct or indirect physical, environmental impact; therefore it has been determined that this
ordinance amendment qualifies for exemption pursuant to Sections 15183(a) because it entails a
project that can be found consistent with the General Plan policies and pursuant to 15061(b)(3),
which states that as a ‘general rule’ the California Environmental Quality Act (CEQA) applies only
to projects which have the potential to cause a significant, physical environmental; and
WHEREAS, on August 21, 2018, the Design Review Board held a duly noticed public
meeting on the design related amendments, accepting all public testimony and the written report of
the Community Development Department; and
WHEREAS, on August 21, 2018, the Design Review Board provided their
recommendations to the Planning Commission. This included unanimous recommendation for
adoption of the design related criteria as modified, with exception of proposed changes to the
hillside ordinance step back requirements, which the Design Review Board recommended
continuation to allow staff to prepare sample diagrams.
WHEREAS, on September 25, 2018, the Planning Commission held a duly-noticed public
hearing on the proposed amendments to the San Rafael Municipal Code, Title 11 and Title 14, and
the Zoning Maps accepting all public testimony and the written report of the Community
Development Department, and recommended to the City Council the approval of the amendments;
and
Exhibit 1 Page-2
WHEREAS, on September 25, 2018, the Planning Commission, reviewed the Design
Review Board’s recommendations, including recommendations regarding hillside step backs and
determined that sample diagrams contained within the Hillside Design Guidelines provide an
adequate reference point and did not need to be included as part of the zoning text amendments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends
to the City Council adoption of the amendments to the San Rafael Municipal Code as outlined in
the Attachments 1-3 of this resolution, based on the following findings as required under Zoning
Code Section 14.27.060:
1. The amendments to San Rafael Municipal Code Title 11 – Public Works, Title 14 –
Zoning Ordinance and Zoning Map and are consistent with the policies and programs
of the San Rafael General Plan 2020 in that:
a. As proposed, the amendments would: i) clarify code requirements; ii) correct
minor text errors and internal inconsistencies; iii) implement standards that
have already been vetted through adopted plans or policies; iv) update and
correct property zoning on the City-adopted Zoning Map; and v) revise
provisions to improve use and interpretation. This action would be consistent
with General Plan Program LU-23a (Zoning Ordinance Amendments), and
Policy NH-2a (Zoning Ordinance), which encourages periodic updates to the
Zoning Ordinance in order to maintain a current and internally consistent code.
b. The proposed amendments would be consistent with General Plan Policy LU-
9 (Intensity of Nonresidential Development) as it would codify a process for
evaluation transfer of Floor Area Ratios amongst properties;
c. The proposed amendments would be consistent with General Plan Policies
NH-2 (New Development in Residential Neighborhoods), CD-3
(Neighborhoods), CD-3b (Development Standards), and CD-6a (Hillside
Design Guidelines) because the proposed amendments would clarify existing
design related policies and adopt standards intended to recognize, preserve and
enhance the positive qualities that give neighborhoods their unique identities
d. The proposed amendments area consistent with General Plan Policies C-29c
(Innovative Off-Street Parking) and C-30a (Downtown Parking District)
because it includes amendments to the parking provisions within the
downtown zoning districts that include recommendations outlined in the City’s
Downtown Parking and Wayfinding Study.
e. The proposed amendments are consistent with General Plan Policies SU-8
(Local Food Production), SU-8b (Home and Community Gardens), SU-8c
(Community Garden Standards) and PR-16 (Community Gardens) because it
creates a ministerial review process to encourage the creation of home and
community gardens,
f. The proposed amendments 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.”
2. The public health, safety and general welfare are served by adoption of the proposed
Zoning Ordinance amendments, in that they would: ii) correct minor text errors and
internal inconsistencies; iii) implement standards that have already been vetted through
adopted/accepted plans or policies; iv) update and correct property zoning on the City-
Exhibit 1 Page-3
adopted Zoning Map; and v) revise provisions to improve use and interpretation; and
vi) ensure consistency with the General Plan.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the 25th day of September, 2018.
Moved by Commissioner _____________ and seconded by Commissioner ________________.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
SAN RAFAEL PLANNING COMMISSION
ATTEST: _______________________________ ______________________________
Paul A. Jensen, Secretary Berenice Davidson, Chairperson
ATTACHMENTS:
A. Amendments to San Rafael Municipal Code Title 11 Public Works
B. Amendments to San Rafael Municipal Code Title 14 Zoning Ordinance
C. Amendments to San Rafael Municipal Code Title 14 Zoning Map
Page 1 of 29
ATTACHMENT B
ATTACHMENT B
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 14.03 - Definitions Amend the list of definitions in Section 14.03.030 by
amending and inserting new definitions, as shown below by strikethroughs for
deletions and underline/italics for insertions, in alphabetical order, as follows:
“Cannabis Distribution” Distributor: Purchases, sells, arranges for testing,
conducts quality assurance review of packaging and labeling, and transports
cannabis goods between medicinal licensees.
"Carport" means a roofed structure providing space for the parking or storage of
motor vehicles and enclosed on not more than three (3) two (2) sides.
“Clinic” means a place where patients are studied or treated by physicians
specializing in various ailments and practicing as a group; the dispensary or
outpatient department of a hospital or medical school, where patients are treated
free or for a small fee; a place where a group of physicians are available for
extended hours, on a drop-in basis with no regular patients.
“Community garden.” Community garden means any piece of land gardened by
a group of people, utilizing either individual or shared plots on private or public
land. The land may produce fruit, vegetables, and/or ornamentals. Community
gardens may be found in neighborhoods, schools, connected to institutions such
as hospitals, and on residential housing grounds subject to defined standards, as
specified in Section 14.16.286 of this title. A community garden would operate
by a public entity or non-profit organization.
“Downtown Zoning Districts” means those lots located in the downtown
commercial zoning district and within the area generally between Hetherton
Street & Mission (easterly boundary) and Fourth Street & Second Street
(westerly boundary) and encompassing that area between Mission Avenue and
Second Street as shown on the following map:
Page 2 of 29
ATTACHMENT B
"Downtown parking assessment district" means the downtown parking
assessment district, title Parking District No. 1, the area which encompasses an
area the boundary generally between Lincoln and D, and Second and Fifth, as
shown on the following map:
“Story” means any floor having its finished floor surface entirely above grade and
at least 6 feet in height; or any floor that is partially below grade and where the
finished surface of the floor above it is at least 6 feet above the lowest grade:
"Structure" means anything constructed or erected that requires a foundation or a structural
support on the ground, including a building or public utility, but not including: a fence or a wall
used as a fence if the height does not exceed seven (7) feet six feet (6'); retaining walls four (4)
feet or less in height; in-ground swimming pools; and improvements built at-grade such as parking
lots and access drives or walks.
Page 3 of 29
ATTACHMENT B
2. Chapter 14.04 – Land Use Regulations (R, DR, MR, HR, and PD)
Amend Table 14.04.020 by inserting new land use classifications, land use allowance
and additional use regulations, as noted by underline/italics, in the location specified
below, as indicated below:
Table 14.04.020
Type of Land Use R DR MR HR PD Additional Use
Regulations
Public & Quasi-
Public &
Community Uses
Clubs and lodges,
including youth
groups
P P P
Community
Gardens
P P P P P Subject to
Performance
Standards
Outlined in
Chapter 14.17
Open space P P P P P
3. Chapter 14.05 – Land Use Regulations (GC, NC, O, C/O, R/O, and FBWC)
Amend Table 14.05.020 by inserting new land use classifications, land use allowance
and additional use regulations, as noted by underline/italics, in the location specified
below, as indicated below:
Table 14.05.020
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Public & Quasi-
Public &
Community Uses
Clubs and lodges,
including youth
groups
C C C
Community
Gardens
P P P P P P Subject to
Performance
Standards Outlined in
Chapter 14.17
Public facilities
Administrative
offices
C P P* P *Rear ground level or
2nd floor or above.
Page 4 of 29
ATTACHMENT B
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Residential Uses * * * *See Chapter 14.17
standards
Single-family
residential
C C
Duplex Residential
C
Multifamily residential A(3) CA(3) P A(3) P A(3)
Only in a mixed-use
development. See
Chapter 14.17
standards.
1. Shall not be located within three hundred (300) feet away of a residential zoning district
(R, DR or HR), as measured from the property lines of each parcel. If within three hundred
(300) feet, then use is prohibited.
2. Shall not be located within six hundred (600) feet from schools (public and private), as
measured from the property lines of each parcel.
3. See Section 14.17.100 (Residential uses in commercial districts).
4. Chapter 14.05 – Land Use Regulations (GC, NC, O, C/O, R/O, and FBWC)
Amend Table 14.05.020 by inserting new land use classifications, land use allowance
and additional use regulations, as noted by underline/italics, in the location specified
below, as indicated below:
Table 14.05.020
Type of Land Use GC NC O C/O R/O FBW
C*
Additional
Use
Regulations
Printing shops P P P CZ
Cannabis Related
Uses
Cannabis
Testing/lab
P P *Subject to
additional
regulations and
permitting (See
SRMC Chapter
10.96)
Page 5 of 29
ATTACHMENT B
Cannabis
Delivery
P P *Subject to
additional
regulations and
permitting (See
SRMC Chapter
10.96)
Cannabis
Infused
Products
P (32)
Cannabis
Distribution
Card rooms See Chapter
10.36
5. Chapter 14.05
Amend Section 14.05.030 – Property development standards (GC, NC, O, C/O, R/O,
FBWC) Footnotes as shown below by strikethroughs for deletions and underline/italics
for insertions:
Footnotes
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same
as required for that R district, and when the side and/or rear of the lot(s) abuts an R
district, the respective side and/or rear yard shall be ten feet (10′). Parking or
maneuvering shall be permitted within the required side and rear yards provided that a
minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent to
the side and rear property lines.
(C) Exceptions may be granted for a height above thirty-six feet (36′), subject to the
provisions of Chapter 14.24, Exceptions.
(D) Hotels have a four (4) story 54-foot height limit. A one-story 12-foot height bonus may
be approved as part of a design review permit by the planning commission if it finds that
the hotel will provide a significant community benefit, and the design is consistent with
this title.
(E) Repealed 3/18/96.
(F) Buildings existing or approved as of January 1, 1987 which are more than three (3)
stories in height shall not be considered nonconforming, and are listed in Section
14.16.040, Buildings over three (3) stories.
(G) See general plan downtown height map for lot-specific height limits.
(H) A height bonus may be permitted in residential development as provided for in Section
14.16.190, Height bonus.
(I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent
(50%) of the front yard shall be landscaped. Where the side yard abuts an R district, a
minimum three feet (3′) of buffer landscaping must be provided. Where the rear of the
lot abuts an R district, ten feet (10′) of buffer landscaping must be provided.
Page 6 of 29
ATTACHMENT B
(J) In the GC district, a minimum fifteen feet (15′) of the front setback must be landscaped.
Landscaped portions of the public right-of-way may be included, subject to approval by
the hearing body.
(K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and
landscaping.
(L) A landscaped amenity area for employees and the public is encouraged in office and
commercial projects.
(M) Provision of usable outdoor area is encouraged in residential development as part of a
mixed-use project.
(N) Lots that are less than five thousand (5,000) square feet and located outside of
downtown, are permitted to have no more than only one (1) unit is permitted, and no
additional units are permitted, on lots less than five thousand (5,000) square feet, per
Section 14.16.300 (Small lots).
(O) A density bonus may be granted, as provided for in Section 14.16.090.
(P) The maximum lot coverage restriction established for the Office (O) district shall not
apply to solar panels installed over existing paved parking spaces; consistent with
Section 14.16.307.
6. Chapter 14.06 – Land Use Regulations (I, LI/O, CCI/O, and LMU)
Amend Table 14.06.020 by inserting new land use classifications, land use allowance
and additional use regulations, as noted by underline/italics, in the location specified
below, as indicated below:
Table 14.06.020
Type of Land Use I LI/O CCI/O LMU Additional Use
Regulations
Public & Quasi-
Public &
Community Uses
Clubs and lodges,
including youth
groups
C C C
Community
Gardens
P P P P Subject to
Performance
Standards Outlined in
Chapter 14.17
Public facilities
Administrative
offices
C* P P P *Rear ground level or
2nd floor or above.
Page 7 of 29
ATTACHMENT B
7. Chapter 14.06.020 – Land Use Regulations (I, LI/O, CCI/O, LMU)
Amend the Table 14.06.020 by inserting new land use classifications, permitting
authority, as noted by underline/italics, in the location specified below, as indicated
below:
Table 14.06.020
Types of Land
Use
I LI/O CCI/O LMU Additional Use
Regulations
Printing Shops P P P P
Cannabis Related
Uses
Cannabis
Testing/lab
P (1) P (1) P (1) *Subject to
additional
regulations and
permitting (See
SRMC Chapter
10.96)
Cannabis
Delivery
P (1) P (1) P (1) *Subject to
additional
regulations and
permitting (See
SRMC Chapter
10.96)
Cannabis
Infused
Products
P (1) P (1) P (1) *Subject to
additional
regulations and
permitting (See
SRMC Chapter
10.96)
Cannabis
Distribution
P (1) P (1) P (1)
Card Rooms C See Chapter
10.36
Page 8 of 29
ATTACHMENT B
8. Chapter 14.09.020 – Land Use Regulations (P/QP)
Amend Table 14.09.020 by inserting new land use classifications, land use allowance
and additional use regulations, as noted by underline/italics, in the location specified
below, as indicated below:
Table 14.09.020
Type of Land Use P/QP Additional Use Regulations
Public & Quasi-Public &
Community Uses
Community Gardens P Subject to Performance
Standards Outlined in Chapter 14.17
Public facilities
Administrative offices (city
and county, special
district, public utility, etc.)
P
9. Chapter 14.10.020 – Land Use Regulations (P/QP)
Amend Table 14.10.020 by inserting new land use classifications, land use allowance
and additional use regulations, as noted by underline/italics, in the location specified
below, as indicated below:
Table 14.10.020
Type of Land Use P/OS Additional Use Regulations
Open Space/Public
Animal husbandry
C
Community Gardens CZ Subject to Performance Standards
Outlined in Chapter 14.17
Horse keeping C
10. Chapter 14.12 (Hillside Development Overlay District (-H))
Amend Section 14.12.030 (Property development standards (-H)) subsection A as noted
below by strikethroughs 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 follows:
1. On the any downhill slope 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 by the zoning district and
2. On non-downhill slope, walls facing front and side property lines shall have 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 slopes, an encroachment into the street front, street side and interior side
stepback is permitted along twenty-five percent (25%) of the building length.
Note: please refer to the San Rafael Hillside Design Guidelines for examples
Page 9 of 29
ATTACHMENT B
11. Chapter 14.16 (Site and Use Regulations)
Amend Sections 14.16.020 (Accessory Structures) subsection E.1 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 strikethroughs for
deletions and underline/italics for insertions:
E. Residential Accessory Structures. The following standards shall apply to accessory
structures in residential districts:
1. 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.
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-facing wall
of the primary structure and the front setback with Administrative Design Review,
except as allowed by Section 14.16.020.E.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 rear and interior side 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;
Page 10 of 29
ATTACHMENT B
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 (½) 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 ar eas. 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.
12. Chapter 14.16.045 – Cannabis Uses
Amend Section 14.16.045, by inserting new text, as noted by underline/italics, as
indicated below:
14.16.045 - Cannabis Uses
Specific medical cannabis uses are allowed by the Zoning Ordinance, as specified
in the land use tables and as defined by the definition chapter, including and limited to
cannabis testing/lab (both medicinal and recreational adult use), cannabis infused
products (medicinal only), and cannabis delivery (medicinal only) and cannabis distribution
(medicinal only). All other medicinal or recreational medical cannabis uses, such as
dispensaries, cultivation, and processing are prohibited.
The land use regulations contained pertaining to cannabis in this Title do not apply
to personal cultivation or use of cannabis. Personal cultivation and use of cannabis shall
be subject to State law and any limitation imposed by state law.
Page 11 of 29
ATTACHMENT B
13. Chapter 14.16 (Site and Use Regulations)
Amend Section 14.16.120 (Exclusions to the maximum height requirement) as noted
below by strikethroughs for deletions and underline/italics for insertions:
Flagpoles not exceeding a height of 24 feet, aboveground utility distribution facilities including
communications towers and public water tanks, windmills, monuments, mechanical
appurtenances, satellite dishes in multifamily and nonresidential districts and architectural
features such as screening for mechanical equipment, chimneys, steeples and cupolas are not
included in height calculations. However, structures and architectural features which extend
above the established building height limit may require an environmental and design review
permit, pursuant to Chapter 14.25, Environmental and design review permits.
14. 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 sight 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 (6') seven (7) feet in height may be located within
the required rear yard or interior side yard;
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) as noted
a. 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)
Page 12 of 29
ATTACHMENT B
may be permitted with Environmental and Design Review subject to Design Review
Board recommendation, if the community development director finds it 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.
b. Fences exceeding seven (7) feet in height up to nine (9) feet in height may be located
in the required interior side or rear yard where topography or difference in grade
between adjoining sites warrants such increase, subject to Administrative Design
Review and Exception.
c. Fences in the front yard or street side yard may be incr eased 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, subject to Administrative Design Review and Exception.
d. Exception. An exception to the residential fence and walls height standards may be
allowed as noted above, subject 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 (6') 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.
B. Non-Residential Districts Fences. An administrative environmental and design review permit
shall be required for all non-residential fences over seven feet (7’) in height to assure the
fence would conform to the design and development standards of the underlying district.
C. All Districts. The following standards shall apply to all districts
1. Measurement of Height. The height of a fence and/or vegetation 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 retaining walls that provide a landscaped horizontal
separation of at least four feet (4') may be measured separately at the base of each
terrace.
Page 13 of 29
ATTACHMENT B
Maximum Allowed Fence Height Measurement
2. Recreation Fences
a. Fences for swimming 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 glass 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
permit
D. 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
Non-Terraced Terraced
Fence
Retaining wall
8-foot Max Fence Height
4-Foot Terrace
Fence
Retaining wall
8-foot Max Fence Height
Page 14 of 29
ATTACHMENT B
documentation including photographs, written testimony, etc. to verify the pre-
existing condition.
b. 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. The replacement fence or wall is consistent with the prevailing character of both
sides of the street for the length 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
15. Chapter 14.16 (Site and Use Regulations)
Amend Section 14.16.245 (Ministerial “by-right” process for multi-family housing
projects) as noted below by strikethroughs to show deletions and underline/italics to
show insertions:
14.16.245 – Reserved Ministerial “by-right” process for multi-family housing projects
A residential housing development project that contains two or more residential
units located on one or more contiguous parcels may qualify for the state-mandated
ministerial, “by-right” approval process. Pursuant to state government code section
65913.4, the “by -right,” ministerial process is applicable to qualifying residential
development projects that are located near major transit. The availability of the “by-right”
approval process is determined by the city’s annual housing progress report to the state
department of housing and community development. Qualifying residential projects must:
a) comply with a list of objective planning standards; b) meet specific levels of affordable
housing; and c) be subject to a commitment to specific hiring (skilled and trained
workforce) and prevailing wage requirements. The applicability of and requirements for
the “by-right” process shall be adopted by resolution of the city council.
16. Chapter 14.16 (Site and Use Regulations)
Amend Section 14.16.305 (Small Wind Energy Systems) subsection C.1. and C.2. as
noted below by strikethroughs to show deletions and underline/italics to show
insertions:
C. Development Standards.
1. Height. Tower height of freestanding small wind energy system shall not exceed the
maximum height limit above grade established for principal structures in the applicable
zoning district, except as may be allowed through design review and consistent with the
provisions of Section 14.16.120. The tower height shall not include the wind turbine itself,
except as noted in section 14.16.305,C.2. below to determine appropriate setbacks. The
total extended height shall include the distance above grade to a blade tip of a wind
turbine at its highest point of travel.
2. Setbacks. Small wind energy systems shall be located a minimum distance from all
property lines equal to one-half (½) of the total extended height of the unit above grade
or the roof mounting point. The total extended height shall include the distance above
grade to a blade tip of a wind turbine at its highest point of travel. Small wind energy
systems may not be located in a front or side yard setback area.
Page 15 of 29
ATTACHMENT B
17. Chapter 14.16 (Site and Use Regulations)
Add Section14.16.335 (Transfer of Floor Area Ratio Amongst Properties) in its entirety
as noted below by underline/italics, to show insertions:
14.16.335 - Transfer of floor area ratio (FAR) between or among properties
A. Transfer of floor area ratio (FAR) between or among properties shall not be permitted except
under special circumstances as specified below.
B. Use Permit Required. Transfer of FAR among properties shall be reviewed by the City Council
through the use permit process.
C. Application. Applications for use permits for transfer of FAR among properties shall include
but not be limited to the following information:
1. Affidavits of consent from owners of all donor and receiving properties;
2. A calculation of the floor area ratio and/or density to be transferred;
3. A description of the proposed dedication, easement or covenant;
4. Any other information deemed necessary by the Community Development Director.
D. Findings. In order to approve a transfer of floor area ratio (FAR) among properties, the
following findings shall be made:
1. The development of the beneficiary parcel is consistent with the General Plan, except that
FARs or maximum densities may be exceeded, and
2. The proposed development will comply with all applicable zoning and design parameters
and criteria as well as traffic requirements; and one or both of the following:
i. A unique or special circumstances are found to exist (e.g. preservation of wetlands or
historic buildings) that would cause significant environmental impacts if the transfer is
not allowed, and/or
ii. A significant public benefit, such as securing a new public facility site (e.g. park,
school, library, fire station, police station), will be provided
18. Chapter 14.17 (Performance Standards)
Add new Section 14.17.030 (Community Gardens) in its entirety as noted below by
underline/italics to show insertions:
14.17.030 - Community Gardens
A. Purpose. The purpose of the community gardens regulations is to implement specific policies
of the neighborhood design, community design, sustainability, and parks and recreation
elements of the San Rafael general plan, which:
1. Support social interaction and create a greater sense of community, encourage gathering
places and events in appropriate locations, such as community gardens;
2. Promote efforts to provide places where neighbors can meet each other;
3. In multifamily development, require private outdoor areas and on-site common outdoor
spaces. Common spaces may include recreation facilities, gathering spaces, and site
amenities;
B. Applicability. Performance standards for community gardens shall apply in the
residential, commercial, industrial, public and quasi-public uses, and parks/open space zoning
districts with the exception of the downtown zoning districts.
Page 16 of 29
ATTACHMENT B
C. Ministerial review required. Except where a use permit is required by the Land Use Tables, a
ministerial review is required to determine that the community garden is in compliance with
the provisions of this section. If it is determined that the community garden is in full compliance
with the provisions of this section, the community garden shall be approved.
D. Standards.
1. Operating Rules. The applicant shall submit a list of Operating Rules for the proposed
Community Garden. Hours of operation shall be limited from sunrise to sunset.
2. Americans with Disabilities Act (ADA). The project shall be designed to provide access to
the general public and be ADA-compliant physically disabled in accordance with the
requirements of Title-24, California Code of Regulations and include the following:
a. One van accessible parking space located on site (9’x18’) with an 8’ wide accessible
aisle meeting UBC standards.
b. All features within the garden area need to be accessible. All walk areas shall be 4
feet wide minimum. All features, water spigots, compost beds, green houses shall be
accessible.
c. The material utilized for the main pathways around accessible planting beds and
access to features shall include a binder in order to maintain a compliant surface. It is
recommended that cement be added to the decomposed granite path material to
compact the surface.
d. Install a compliant driveway approach to the main entrance to the facility for
accessibility access.
3. Parking. On-site parking is required and shall including an area for one van accessible
parking space located on site (9’x18’) with an 8’ wide accessible aisle meeting ADA
standards and a space to accommodate vehicular delivery and removal of materials.
4. Trash and Recycling. Trash and recycling have been adequately provided on site and the
project sponsor is responsible for implementing a trash recycling program, which shall also
include the installation of recycling receptacles for garden users on the project site.
5. Material Storage. Identify on the site plan storage for all garden tools, supplies and
compost in a secure manner and screened from view from off-site. Compost and other
odorous materials shall be stored in a location and manner that does not affect adjacent
property owners.
6. Landscaping. Provide a landscape and irrigation plan for review and approval of the
Planning Division and the Department of Public Works which provides trees within the
landscape setback along the property frontage with the following detail.
a. The project landscape architect/designer shall select a tree species that is appropriate
to the site and soil conditions and can achieve a generous canopy. Trees shall be
planted at a 24-inch box size and spaced at 20-foot intervals.
b. All landscaping shall be maintained in good health through the life of the project. Any
dying or dead landscaping shall be replaced in a timely fashion and all landscaping
shall be maintained in a healthy and thriving condition, free of weeds and debris.
c. The landscape and irrigation plan must be designed to comply with Marin Municipal
Water District (MMWD) Water Conservation Ordinance No. 421.
7. Fences. Fences are allowed subject to the regulations in Chapter 14.16 of the City of San
Rafael Municipal Code, Zoning.
8. Lighting. Exterior lighting shall be limited to security lighting as required and approved by
the City Police Department.
Page 17 of 29
ATTACHMENT B
9. Signage. A sign plan shall be submitted and shall demonstrate location of the following
required signage:
a. Two signs shall be posted on the subject property.
(1) One sign shall be posted in the common area of the garden noting the name and
contact information for the garden management; and
(2) One monument-type address sign, not exceed 20 square feet in area and six feet
in height, shall be posted at the garden entrance. The property address numbers
shall be posted prominently on the monument sign.
10. MCSTOPP/Drainage and Clean Site Water. The site must be designed and maintained
so that runoff of surface water will not drain onto adjacent property. The project engineer
shall incorporate features that would provide for clean site waters in accordance with
RWQCB and Marin County Stormwater Pollution Prevention Program (MCSTOPPP)
standards before they enter the City storm water drainage system. Features can include
the installation of grassy swales to connect and filter surface water runoff.
11. The project shall comply with the MMWD backflow prevention requirements. If, upon the
District’s review of the final plans backflow protection is warranted, compliance shall
include installation, testing and maintenance. Questions regarding backflow requirements
should be directed to the MMWD Backflow Prevention Program Coordinator at (415) 945-
1559.
12. Pest Management. The operation of the community garden shall comply with the City’s
Integrated Pest Management (IPM) program. Signs shall be posted and maintained within
the garden area notifying garden users of the rules and consequences for using pesticides
and herbicides that are not allowed on the IPM.
19. Chapter 14.18
Amend Section 14.17.100 (Residential uses in commercial districts) as noted below
by strikethroughs to show deletions and underline/italics to show insertions:
A. Purpose. The purpose of this section is to ensure that residential uses in commercial
districts are not adversely impacted by adjacent uses. Residential uses are
encouraged in commercial zoning districts, including the downtown area and in
mixed-use development to meet local housing needs and because of the
environment they create. However, potential traffic noise and safety impacts related
to commercial uses may impact nearby residential uses. The proximity of residential
and commercial uses require that special regulations be imposed in the interest of
businesses and the residents of the housing units.
20. Chapter 14.18 (Parking)
Amend Sections 14.18.010 (Specific Purpose), as noted below by strikethroughs to
show deletions and underline/italics to show insertions:
14.18.010 - Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of parking
regulations are to:
A. Promote the safety and convenience of all land use and circulation systems within the city by
providing standards and policies for the creation and maintenance of vehicular off-street
parking and loading;
B. Promote more efficient street systems by reducing to a minimum the congestion which may
be created by uncontrolled parking;
Page 18 of 29
ATTACHMENT B
C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction
for normal parking demands;
D. Promote compatibility among adjacent land uses and enhance the appearance of the city
through appropriate design and aesthetic standards related to parking;
E. Ensure that off-street parking and loading facilities are provided for new land uses and for
major alterations and enlargements of existing uses in proportion to the need for such facilities
created by each use;
F. Establish parking standards for commercial and industrial uses consistent with need and with
the feasibility of providing parking on specific commercial and industrial sites;
G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure
efficiency, protect the public safety and, where appropriate, insulate surrounding land uses
from adverse impacts;
H. Establish parking standards which recognize the more urban character of parking downtown;
I. Implement recommendations envisioned by the Downtown Parking and Wayfinding Study
for the downtown zoning district (see section 14.03.030) by:
1. Promoting the use of alternate modes of transportation such as walking and bicycling
2. Recognizing that parking standards are unique for downtown zoning districts
3. Establishing innovated methods of addressing parking supply and demand by:
a. Providing opportunities for shared parking amongst businesses within the downtown
zoning districts;
b. Encouraging owners of private parking facilities to make parking available for public
use in the downtown zoning districts;
c. Increasing the parking supply by allowing tandem parking and mechanical/automated
parking systems within the downtown zoning districts.
21. Chapter 14.18 (Parking)
Amend Section 14.18.040 (Parking Requirements), as noted below by strikethroughs
to show deletions and underline/italics to show insertions:
14.18.040 - Parking requirements.
A. Off-street parking shall be provided in accord with the following chart. Where the specific
use in question is not listed, the community development director shall determine if another
similar use exists which may be used to select an appropriate parking standard. In order to
make this determination, the community development director may require the submission of
survey data from the applicant or collected by the community development department,
planning division at the applicant's expense. Parking surveys conducted for this purpose shall
be subject to the review and recommendation by the department of public works.
B. Parking Modification. The parking requirement for any specific use listed may be modified
so as to provide adequate parking which is fair, equitable, logical and consistent with the intent
of this chapter. Such modification may also include reduction in parking ratios for businesses
in the downtown zoning district that allow the use of private parking facilities to be used for
public parking during evening or weekend hours. Parking modifications shall require an
application for a use permit and shall be subject to review by the community development
director and public works director, and approval by the zoning administrator.
C. For properties located within the downtown parking assessment district downtown parking
district, also see Section 14.18.060, downtown parking assessment district Downtown Parking
District, for additional information on parking requirements. For properties located in the
Page 19 of 29
ATTACHMENT B
downtown, west end and environs area, see Section 14.18.061 (Downtown's West End and
environs), for additional information on parking requirements.
D. In addition to the off-street parking requirements listed below, off-street loading and
unloading shall be provided for certain uses in accord with Section 14.18.050, Off-street
loading and unloading.
E. For properties in the downtown area, residential parking is not required to be covered.
F. Off-street parking is not required for FAR increases up to ten percent (10%) of the building
or seven hundred fifty (750) square feet, whichever is larger, as granted under Section
14.16.150(G)(2)(b) 14.16.150(G)(1)(b).
G. The parking requirement for non-residential uses within the downtown zoning districts
shall be allowed a 20% reduction of the standards required under Table 14.18.040.
H. Operation. Parking in the downtown zoning district approved under this chapter may be
operated to serve the uses for which the parking was approved, or may be shared with other
uses in the downtown zoning district, and/or be made available to the public, subject to a
use permit for parking modifications.
22. Chapter 14.18 (Parking)
Amend Chart 14.18.040 as noted below by strikethrough to show deletions and
underline/italics to show insertions
Chart Table14.18.040
Use Classification
Off- Street Parking Required
Residential Note: No parking is required for up to 3 units
in the downtown parking assessment district,
provided the units are an infill addition to an
existing nonresidential structure, and that the
units are 2 bedroom or less and no larger
than 900 square feet in size.
Single-family residential 2 covered spaces per unit.
Single-family residential, hillside On streets less than 26 feet wide, 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 or
reduced by the hearing body when the size or
shape of the lot or the need for excessive
grading or tree removal make the
requirement infeasible.
Studio (duplex unit), 500 sq. ft. or less in size 1 covered space per unit
Studio (duplex unit), more than 500 sq. ft. in
size
1.5 spaces per unit (including 1 covered
space).
Page 20 of 29
ATTACHMENT B
Downtown: 1 space per unit
Studios (multifamily unit) 1 covered space per unit.
One-bedroom units
1.5 spaces per unit (including 1 covered
space).Downtown: 1 space per unit.
Chart Table 14.18.040
Downtown Zoning Parking
AssessmentDistrict
Downtown
(Outside Parking
District)
San Rafael (Outside
Downtown)
Studio
(duplex
unit),
500 sq. ft.
or less in
size
1 space per unit 1 space per unit
Studio
(duplex
unit),
more than
500 sq. ft.
in size
1 space per unit
1.5 spaces per unit
(including 1 covered
space).
1 bedroom
unit 1 space per unit.
1.5 spaces per unit
(including 1 covered
space).
Two-
bedroom
units
Less than
900 sq. ft. 1 space 1.5 spaces 2 spaces (1 covered)
900 or
more sq. ft. 1.5 spaces 1.5 spaces 2 spaces (1 covered)
23. Chapter 14.18.040 (Parking)
Amend the Chart 14.18.040 by inserting new land use classification for parking
requirements, noted by strikethroughs to show deletions and underline/italics in the
location specified below, as indicated below:
Chart 14.18.040
Use Classification Off-Street Parking Required
Wholesale and distribution 1 space per 500 sq. ft. gross building sq. ft.
Page 21 of 29
ATTACHMENT B
Cannabis testing/lab, cannabis
infused products, and cannabis
delivery and cannabis
distribution
1 space per 500 gross building sq. ft.
Marinas 3 spaces for every 4 boat slips. Plus
parking for support uses in the marina,
such as restaurants or retail uses.
24. Chapter 14.18 (Parking)
Amend Section 14.18.060(A) (Downtown Parking Assessment District), as noted
below by strikethroughs to show deletions and underline/italics to show insertions:
14.18.060 - Downtown Parking parking assessment District district.
The Downtown Parking District boundaries shall be as defined under Section 14.03.030.
Parking for nonresidential uses in the Downtown Parking District parking assessment district
shall be provided consistent with the following:
A. The off-street pParking requirement is waived for up to 1.0 FAR of the total square
footage of the buildings located within is provided by the downtown parking assessment
district.
B. Off-street Pparking for building square footage above 1.0 FAR and for all residential
uses shall be provided consistent with the parking requirements in Section 14.18.040.
C. A parking study is required for a development subject to a design review permit pursuant
to CEQA requirements, or to a use permit for a change in use, to assist in monitoring
parking conditions downtown
D. For projects subject to parking studies, mitigation may be required including provision
of on-site parking if it is determined the district has inadequate available parking.
25. Chapter 14.18 (Parking)
Amend Section 14.18.080 (Parking requirements for reciprocal uses with shared
parking facilities) as noted below by strikethroughs to show deletions and
underline/italics to show insertions:
14.18.080 - Parking requirements for reciprocal uses with shared parking facilities.
When two (2) or more uses share a common parking area and when a significant and
complementing variation in period of daily demands occurs (i.e., exclusive day and night uses),
the zoning administrator may grant reductions in the total parking required through a use permit;
provided, that in no instance shall the total parking required be less than would be required for
any one (1) of the independent uses. The zoning administrator shall base a decision to approve
or deny a parking reduction on a shared parking demand study prepared by a qualified
transportation engineer or other qualified parking professional.
26. Chapter 14.18 (Parking)
Amend Section 14.18.090 (Bicycle parking) as noted below by strikethroughs to show
deletions and underline/italics to show insertions
Page 22 of 29
ATTACHMENT B
A. Applicability. Bicycle parking shall be required for all new nonresidential buildings and in
major renovations of nonresidential buildings having thirty (30) or more parking spaces,
and for all public/quasi-public uses.
B. Number of Short-Term Spaces Required.
1. Commercial, office, and industrial, and multi-family residential uses: five percent
(5%) of the requirement for automobile parking spaces, with a minimum of one (1)
two-bike capacity rack.
2. Public/quasi-public uses: as determined by parking study, or as specified by use
permit.
3. Exempt uses: animal sales and service; motor vehicle sales and services; building
materials and supplies (large-item); catering establishments; funeral and interment
services; temporary uses; recycling facilities; other uses as determined by the
planning director.
C. Number of Long-Term Spaces Required.
1. For nonresidential buildings with over ten (10) tenant-occupants: Five percent
(5%) of the requirement for automobile parking spaces, with a minimum of one (1)
space.
D. Reduction of vehicle parking. Properties that provide bicycle parking in excess of the
bicycle parking spaces identified in Section 14.18.090.B. and/or C. may qualify for a
reduction to the overall vehicle parking requirements subject to use permit for parking
modification.
D E. Design.
1. Short-Term Parking: Bike racks shall be provided with each bicycle parking space.
The rack shall consist of a stationary object to which the user can lock the bike.
2. Long-Term Parking: Acceptable parking facilities include:
a. Covered, lockable enclosures with permanently anchored racks for bicycles,
b. Lockable bicycle room with permanently anchored racks, or
c. Lockable, permanently anchored bicycle lockers.
3. Parking facilities shall support bicycles in a stable position.
4. The facilities shall provide at least an 18-inch clearance from the centerline of
adjacent bicycles on the left and right, and at least ten inches (10") to walls or other
obstructions.
5. An aisle or other space shall be provided to bicycles to enter and leave the facility.
This aisle shall have a width of at least five feet (5') to the front or rear of a standard
six-foot bicycle parked in a facility.
6. Bicycle parking should be situated at least as conveniently to building entrances as
the most convenient car parking area, but a minimum distance of one hundred (100)
feet of a visitors' entrance. Bicycle and auto parking areas shall be separated by a
physical barrier or sufficient distance to protect parked bicycles from damage by
cars.
7. Bicycle parking facilities should be located in highly visible, well-lit areas to minimize
theft and vandalism.
8. Overhead coverage or rain shelters for bicycle parking facilities are encouraged.
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ATTACHMENT B
9. The planning director (or the planning director's designated appointee) shall have
the authority to review the design of all bicycle parking facilities required by this title
with respect to safety, security and convenience.
27. Chapter 14.18 (Parking)
Amend Section 14.18.120 (Tandem parking prohibited) as noted below by
strikethroughs to show deletions and underline/italics to show insertions:
14.18.120 - Tandem parking prohibition.
Tandem parking is prohibited, unless approved under this section:
A. Under Section 14.18.150, Alternate parking locations for uses with insufficient
parking;
B. With an environmental and design review permit under the Hillside Residential Design
Guidelines Manual;
C. For an second accessory dwelling unit, as provided for in Section 14.16.285(C)(8) of
this title; or
D. As a concession granted for residential projects which include sufficient affordable
housing units, as provided for in Section 14.16.030(H)(3)(a)(i) of this title.
E. Within the downtown zoning district (as defined by section 14.03-030) when the
tandem parking spaces are assigned to a single residential unit or where the
tandem spaces are assigned to a single tenant subject to Exception Permit as
outlined under Section 14.24.020.G.3.
F. As part of a mechanical or automated parking system.
28. Chapter 14.18 (Parking)
Amend Section 14.18.220 (On-site and Remote Parking) as noted below by
strikethroughs to show deletions and underline/italics to show insertions:
14.18.220 - On-site and remote parking.
A. All off-street parking and loading areas required herein shall be located on the same
lot and readily accessible to the specified use, provided that if the strict application of
this requirement creates undue hardship and in the opinion of the planning director
creates conditions contrary to desirable development practices but all other areas of
intent for this chapter are complied with, remote parking areas which satisfy all or part
of specific parking requirements may be approved.
B. Remote parking areas shall be located within five hundred feet (500′) thirteen hundred
(1,300) feet of the specified use and shall possess direct and convenient pedestrian
access. Remote areas may serve more than one use, provided that the gross number
of spaces available shall not be less than the combined requirements for all uses
served.
C. Requests for remote, off-site parking shall require an application for a use permit and
shall be subject to a review and recommendations by the community development
director and traffic engineer, and approval by the zoning administrator. Upon zoning
administrator approval of any remote, off-site parking area, and prior to occupancy of
the proposed use, which parking satisfies the parking requirements, the owner of the
lot (proposed for remote parking site) shall execute and record a declaration of
restriction, legally binding or similar instrument satisfactory to the community
development director, to restrict the use of the lot to public and private parking of
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ATTACHMENT B
vehicles so long as the use conducted by applicant, or the applicant's successors in
interest, on the original site shall require the furnishing of parking facilities under the
terms of the use permit.
29. 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
strikeouts 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-four feet (24′) in height 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 (¼) the height of
the pole. 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.
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.
CD. 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 f eet in size shall be
exempt if the larger addressing sign is required by the Fire Code.
DE. 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.
EF. 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.
FG. 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.
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ATTACHMENT B
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 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 owned 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 adjusted to comply with the 0.3-foot candle
requirement.
8. The signs shall not include neon lights.
9. The signs shall be subject to a 90-day post installation review.
30. Chapter 14.19 (Signs)
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 inten sity,
brightness or color;
2. Animation or moving messages;
3. Searchlights.
31. Chapter 14.19 (Signs)
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:
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ATTACHMENT B
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.I.,
2. Windblown devices such as balloons, inflatable objects, pennants, ribbons, streamers,
3. Signs producing smoke, sound and other substances;
32. Chapter 14.24 (Exceptions)
Amend Section 14.24.020 (Authority), Subsection G, as noted below by strikeouts to
show deletions and by underline/italics, to show insertions:
G. Parking.
1. Minimum driveway width for a residential use may be reduced, subject to review by the
traffic engineer and the fire department. Driveway exceptions shall only be allowed
where such decrease will not unreasonably affect abutting sites or create a hazardous
traffic condition, and where there are special circumstances related to existing site
conditions.
2. Minimum aisle width may be reduced, subject to review by the traffic engineer. Aisle
width exceptions shall only be allowed where such decrease will not create a hazardous
traffic condition, and where such reduction is necessary to provide for additional parking
where existing parking does not meet current standards.
3. In downtown residential or non-residential projects, tandem parking may be allowed,
subject to review by the traffic engineer and the fire department, where necessary to
accommodate the required parking spaces, provided that the tandem spaces are
assigned to the same unit or tenant and that the spaces are located convenient to the
unit.
4. In any single-family residential district, a recreational vehicle may be parked parallel to
the residence in the front yard where there is a curved or circular driveway or where
there are special and unique circumstances on the site because of topography or lot
shape. Recreational vehicle parking exceptions shall only be allowed where such
parking is set back fifteen feet (15′) from the front property line and where it will not
have an adverse visual impact on adjoining lots or lots across the street.
33. 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 strikethroughs 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
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ATTACHMENT B
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);
l. Wireless communications facilities, as prescribed under Chapter 14.16.360.B.
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,
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,
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ATTACHMENT B
8. Satellite dishes over the height limit in a multifamily or nonresidential district,
9. Residential fences over six feet (6') seven (7) feet in height (residential and
nonresidential), and as set forth under the criteria in Section 14.16.140
10. Nonresidential fencing over seven feet (7’) in height as set forth under Section
14.16.160 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 three four (4) feet (3') 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 or grading 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,
13. Minor landscaping or grading modifications to a hillside lot or ridgeline lot, including
retaining walls three feet (3') or less in height that would potentially impact the
hillside character of the site, to assure compliance with the -H overlay district
property development standards
14.13. Minor landscaping revisions to existing or approved multifamily or
nonresidential development that are determined to alter the character of the site,
15.14. Minor modifications to existing parking lots (reconfiguration or expansion),
16.15. 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,
17.16. Outdoor storage areas,
18.17. 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 dwelling units), or dwelling units that are being replaced pursuant
to Section 14.16.270.B.5 (nonconforming structures) of this title,
19.18. 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,
21.20. Minor additions or modifications to a wireless communications facility, as
prescribed under Section 14.16.360.B,
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.E.
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.
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ATTACHMENT B
25.24. Development subject to review for an administrative design permit pursuant to
any other provision of this title.
D. Exceptions 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.
34. Chapter 14.25.060 (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 strikethroughs to
show deletions and underline/italics to show insertions:
14.25.060 (Public notice and hearing)
C. Administrative Environmental and Design Review Permit. Public notice and hearing
are not required for issuance of an administrative environmental and design review
permit, except for development subject to Sections 14.14.030 and 14.25.040(C)(19)
of this chapter, modifications to properties in the EA overlay district, which shall
comply with the notice provisions in Chapter 14.29 of this title.