HomeMy WebLinkAboutPlanning Commission 2021-01-26 Agenda Packet
AGENDA
San Rafael Planning Commission
Regular Meeting
Tuesday, January 26, 2021, 7:00 P.M.
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2021-01-26
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 897-5534-1830#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed using a
video conference Webinar, and streamed to YouTube Live at
www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live must be
submitted according to the directions located on the YouT ube video description. The City is
not responsible for any interrupted service. To ensure the Planning Commission receives
your comments, submit written comments to Alicia Giudice, Planning Manager
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Members of the public may speak on Agenda items.
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. Approval of the Planning Commission Meeting Minutes of January 12, 2021
Recommended Action – Approve as submitted
PUBLIC HEARING
2. Public Hearing on Draft Downtown San Rafael Precise Plan
The Planning Commission will conduct its second public hearing on the Draft
Downtown Precise Plan on January 26. An initial hearing on Chapters 1-8 of the Plan
took place on January 12. The hearing on January 26 will focus on Chapter 9, which is
the Draft Form Based Code. The purpose of the hearing is to receive public comments
on the Draft Form Based Code and discuss the Code’s recommendations. Continued
public comment on Draft General Plan 2040 also may occur at these meetings.
Case Nos.: GPA16-001 & P16-013
Project Planner: Barry Miller
Recommended Action – Accept report, provide comments and continue hearing to
February 9, 2021, for a wrap up discussion
DIRECTOR’S REPORT
COMMISSION COMMUNICATION
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission
less than 72 hours before the meeting, shall be available for inspection online. Sign Language
interpreters may be requested by calling (415) 485-3066 (voice), emailing
Lindsay.lara@cityofsanrafael.org or using the California Telecommunications Relay Service
by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are
available in accessible formats upon request.
The Planning Commission will take up no new business after 11:00 p.m. at regularly
scheduled meetings. This shall be interpreted to mean that no agenda item or other business
will be discussed or acted upon after the agenda item under consideration at 11:00 p.m. The
Commission may suspend this rule to discuss and/or act upon any additional agenda item(s)
deemed appropriate by a unanimous vote of the members present. Appeal rights: any person
may file an appeal of the Planning Commission's action on agenda items within five business
days (normally 5:00 p.m. on the following Tuesday) and within 10 calendar days of an action
on a subdivision. An appeal letter shall be filed with the City Clerk, along with an appeal fee
of $350 (for non-applicants) or a $4,476 deposit (for applicants) made payable to the City of
San Rafael, and shall set forth the basis for appeal. There is a $50.00 additional charge for
request for continuation of an appeal by appellant.
Minutes subject to approval at the meeting of January 26, 2021
MINUTES
San Rafael Planning Commission
Regular Meeting
Tuesday, January 12, 2021, 7:00 P.M.
Virtual Meeting
Watch on Webinar: https://tinyurl.com/PC-2021-01-12
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: (669) 900-9128
Meeting ID: 872-0645-4435#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Executive Order N-29-20, the City of San Rafael will no longer offer an in-
person meeting location for the public to attend. This meeting will be streamed through
YouTube Live at www.youtube.com/cityofsanrafael. Comments submitted via YouTube Live
must be submitted according to the directions located on the YouTube video description.
The City is not responsible for any interrupted service. To ensure the Planning Commission
receives your comments, submit written comments to Alicia Giudice, Planning Manager
(alicia.giudice@cityofsanrafael.org), prior to the meeting. For more information regarding
real-time public comments, please visit our Live Commenting Pilot page at
https://www.cityofsanrafael.org/live-commenting-pilot/.
Want to listen to the meeting and comment in real-time over the phone? Call the telephone
number listed on this agenda and dial the Meeting ID when prompted. Feel free to contact
the City Clerk’s office at 415-485-3066 or by email to lindsay.lara@cityofsanrafael.org if you
have any questions.
Any member of the public who needs accommodations should contact the City Clerk (email
lindsay.lara@cityofsanrafael.org or phone at 415-485-3066) who will use their best efforts to
provide reasonable accommodations to provide as much accessibility as possible while also
maintaining public safety in accordance with the City procedure for resolving reasonable
accommodation requests.
Present: Chair Mercado
Commissioner Davidson
Commissioner Hill
Commissioner Lubamersky (joined at approximately 7:35 p.m.)
Commissioner Previtali
Commissioner Samudzi
Absent: Commissioner Saude
Also Present: Alicia Giudice, Planning Manager
Michele Ginn, Permit Services Coordinator
Barry Miller, Project Planner
Paul Jensen, Community Development Director
CALL TO ORDER
Chair Mercado called the meeting to order at 7:03 p.m. and invited Planning Manager Alicia
Giudice to call the roll. All commissioners were present, except for Commissioners
Lubamersky and Saude.
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
None
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Mercado invited Planning Manager Alicia Giudice who informed the community the
meeting would be streamed live to YouTube and members of the public would provide
public comment either on the telephone or through YouTube live chat. She explained the
process for community participation through the telephone and on YouTube.
Chair Mercado reviewed the procedures for the meeting.
URGENT COMMUNICATION
None
CONSENT CALENDAR
Chair Mercado invited public comment; however, there was none.
Commissioner Davidson moved and Commissioner Hill seconded to approve the Consent
Calendar.
1. Approval of the Planning Commission Meeting Minutes of December 15, 2020
Approved as submitted
AYES: Commissioners: Davidson, Hill, Previtali, Samudzi & Chair Mercado
NOES: Commissioners: None
ABSENT: Commissioners: Lubamersky and Saude
ABSTAIN: Commissioners: None
Motion carried 5-0
OTHER AGENDA ITEM
2. Annual Meeting of the Planning Commission
Annual Meeting of the Planning Commission for 2021 to include: a) election of officers;
and b) review of Planning Commission “Rules and Procedures”; and c) selection of
liaisons to Design Review Board meetings
Case No.: P21-01
Project Planner: Ali Giudice
Ali Giudice, Planning Manager presented the staff report.
Chair Mercado invited public comment; however, there was none.
Commissioner Hill moved and Chair Mercado seconded to elect new Chair Samudzi and
new Vice Chair Previtali for 2021.
Commissioners provided comments.
Staff provided comments.
AYES: Commissioners: Davidson, Hill, Previtali, Samudzi & Chair Mercado
NOES: Commissioners: None
ABSENT: Commissioners: Lubamersky and Saude
ABSTAIN: Commissioners: None
Motion carried 5-0
Vice Chair Samudzi takes over meeting as Chair for 2021. Commissioner Previtali takes
over meeting as Vice Chair for 2021.
Commissioner Davidson moved and Commissioner Mercado seconded to accept changes
to the Planning Commission “Rules and Procedures.”
AYES: Commissioners: Davidson, Hill, Mercado, Previtali & Chair Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Lubamersky and Saude
ABSTAIN: Commissioners: None
Motion carried 5-0
Accepted changes to the Planning Commission “Rules and Procedures”
Commissioner Davidson selected January and February to be the liason to the Design
Review Board for 2021. Commissioner Hill selected March and April to be the liason to the
Design Review Board. Vice Chair Previtali selected May and June to be the liason to the
Design Review Board. Commissoner Mercado selected July and August to be the liason to
the Design Review Board. At the next meeting, Commissioners Lubamersky and Saude will
select their months.
Staff responded to questions from Commissioners.
PUBLIC HEARING
3. Draft Downtown San Rafael Precise Plan
The Planning Commission will conduct its first public hearing on the Draft Downtown
Precise Plan on January 12. A second hearing covering the Draft Form Based Code
will take place on January 26 and a third “wrap-up” hearing will take place on February
9. The purpose of each hearing is to receive public comments on the Draft Plan and to
discuss the Plan’s recommendations. Continued public comment on Draft General Plan
2040 also may occur at these meetings.
Case Nos.: GPA16-001 & P16-013
Project Planner: Barry Miller
Ali Giudice, Planning Manager introduced Stefan Pellegrini, Opticos Design who gave a
presentation.
Commissioner Lubamersky joined the meeting at approximately 7:35 p.m. during the
Downtown Precise Plan Presentation.
Staff responded to questions from the Commissioners.
Chair Samudzi declared the public hearing opened.
Speakers: Donni Uzarski, Riley Hurd, Jeffrey Rhoads, Bill Carney, Sustainable San Rafael,
Roger Smith, Leslie Simons, San Rafael Heritage, Kate Powers, Roger Smith, Donni
Uzarski
Staff responded to questions and comments from the Commissioners.
Commissioner Previtali moved and Commissioner Mercado seconded to accept the report
and continue the hearing to January 26, 2021.
AYES: Commissioners: Davidson, Hill, Lubamersky, Mercado, Previtali & Chair
Samudzi
NOES: Commissioners: None
ABSENT: Commissioners: Saude
ABSTAIN: Commissioners: None
Motion carried 6-0
Accepted report and continued hearing to January 26, 2021
DIRECTOR’S REPORT
Planning Manager Alicia Giudice reported:
• Next meeting will be on January 26, 2021 and agenda will include a presentation on
the Form Based Code
• Draft EIR has been released for 60 day public review period and the review period
ends on March 9, 2021
• Draft Accessory Dwelling Unit (ADU) Ordinance coming
COMMISSION COMMUNICATION
The Planning Commissioners congratulated Ali Giudice, Planning Manager on her recent
promotion.
ADJOURNMENT
Chair Samudzi adjourned the meeting at 9:43 p.m.
___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2021
_____________________________________
SHINGAI SAMUDZI, Chair
Community Development Department – Planning Division
Meeting Date: January 26, 2021
Agenda Item:
2
Case Numbers:
GPA16-001 & P16-13
Project
Planner:
Barry Miller, Consulting Project
Manager (415) 485-3423
REPORT TO PLANNING COMMISSION
SUBJECT: Public Hearing on Draft Downtown San Rafael Precise Plan
The Planning Commission will conduct its second public hearing on the Draft Downtown Precise Plan
on January 26. An initial hearing on Chapters 1-8 of the Plan took place on January 12. The hearing
on January 26 will focus on Chapter 9, which is the Draft Form Based Code. The purpose of the
hearing is to receive public comments on the Draft Form Based Code and discuss the Code’s
recommendations. Continued public comment on Draft General Plan 2040 also may occur at these
meetings. Case Nos.: GPA16-001 & P16-013.
EXECUTIVE SUMMARY
The City has prepared a “Precise Plan” for Downtown San Rafael concurrently with the General Plan
2040. The Plan replaces “Our Vision of Downtown San Rafael” (1993) which has served as the guiding
policy document for Downtown for the last 27 years. The Precise Plan provides a design vision for
Downtown, direction on land use and building heights, and new standards and guidelines for historic
preservation, transportation, affordable housing, and economic development. The Plan anticipates 2,200
housing units and approximately 2,000 additional jobs in Downtown San Rafael during the next 20 years.
The Downtown Precise Plan includes a Form Based Code (FBC), which will replace the current zoning
regulations for Downtown San Rafael. While traditional zoning focuses on allowable land uses and
densities, the FBC focuses on the physical form of new development. The FBC emphasizes context-
sensitive design, compatibility of building scale and mass, pedestrian-orientation, and integration of
private development with adjacent public spaces such as streets and sidewalks.
The Commission held its first hearing on the Downtown Precise Plan on January 12. That hearing
provided an overview of the full document, focusing on the Plan’s provisions for land use, urban design,
public realm, historic preservation, transportation, affordable housing, and economic development.
The January 26 hearing will cover Chapter 9 of the Precise Plan, which is the FBC. The FBC represents
a new approach to zoning for the Downtown area and as such requires its own hearing for presentation,
discussion, and questions. A follow-up hearing on the Downtown Plan and Form Based Code is
scheduled for February 9, 2021.
The Planning Commission and public are also reminded that a Draft Environmental Impact Report
(DEIR) for General Plan 2040 was published on January 7, 2021. The comment period for that
document closes on March 9, 2021. The public comment period for Draft General Plan 2040 also
remains open; revisions to the General Plan that respond to public comments and Planning Commission
discussion will be completed by April 2021.
REPORT TO PLANNING COMMISSION Page 2
Case No: GPA16-001 & P16-13
RECOMMENDATION
It is recommended that the Planning Commission take the following actions, following the presentation on
the Form Based Code:
1. Re-open the public hearing on the Downtown Precise Plan (continued from January 12)
2. Receive public comments and testimony
3. Discuss the Draft Form Based Code
4. Continue the hearing to February 9, 2021 for wrap-up of any outstanding issues.
PROJECT BACKGROUND
The staff report for the January 12, 2021 hearing on the Downtown Plan included a discussion of the
context for the Downtown Precise Plan, including the history of plans for Downtown, the reason an
updated Plan was prepared, and the process used to develop the Plan. The hyperlink may be used to
access that information. The text below focuses on current zoning for Downtown and why a Form Based
Code is proposed to replace existing zones.
Existing Context for Zoning in San Rafael
The City of San Rafael follows a conventional zoning model that has been in place since the early 20th
century. The premise and goal of this model is to separate land uses into “use districts.” The earliest zoning
laws originated with the Los Angeles zoning ordinances of 1908 and the New York City Zoning resolution of
1916. In the 1920’s the US Supreme Court upheld the challenge of a local zoning ordinance in a suburb of
Cleveland, known as Euclid v. Ambler Realty (“Euclid”). The Euclid decision by the US Supreme Court
proved to be a landmark in that it confirmed that state and local governments are afforded the “police
power” to regulate land use and exercise authority over privately-owned property. The first zoning ordinance
and map for San Rafael was adopted in 1924 (Ordinance #24). This first ordinance and the City’s current
zoning ordinance (last major update in 1992) both follow the “Euclidian” approach of separating land uses
by use districts.
Conventional zoning operates under the premise of “form follows function.” Over the years, conventional
zoning has evolved to include building form regulations such as maximum building heights, maximum lot
coverage and minimum building setbacks. However, many of these regulations are rooted in the primary
goal of separating differing uses in order to minimize nuisances and impacts. The emphasis on the
separation of use by zoning follows a very suburban model that provides little flexibility for mixed-use.
Most of the existing zoning regulations for Downtown have been in place since the early 1990s. Zoning
districts correspond to the 1993 “Our Vision” Plan for Downtown and include a 5th and Mission
Residential-Office District, a Fourth Street Retail Core District, a Hetherton Office District, a Lindaro
Office District, Second/Third Mixed Use East and West Districts, and a West End Village District. There
are specific development standards associated with each of these districts, and different permitted and
conditionally permitted uses. The Downtown area includes portions of other zoning districts that appear
throughout the City, including High Density Residential Multi-Family districts, General Commercial,
Residential-Office, and so on.
Downtown development is also governed by a height map, a Floor Area Ratio (FAR) map, and by
provisions of the Zoning regulations dealing with specific uses, and attributes of development such as
parking. Residential density standards are associated with each of these districts; these range from 15
units per acre to 62 units per acre, with allowances for density bonuses as prescribed by State law.
FARs and density limits for Downtown projects sometimes constrain development from reaching the
allowable heights, resulting in relatively frequent requests for exceptions or Variances from the
REPORT TO PLANNING COMMISSION Page 3
Case No: GPA16-001 & P16-13
development standards. Moreover, the “use tables” indicating permitted and conditionally permitted uses
are very prescriptive and may impair the flexibility needed to respond to market trends.
The Advantages of a Form Based Code (FBC)
A form-based code shifts the focus from land use to the physical design and form of the built environment
(“function follows form”). Such codes de-emphasize and often eliminate conventional zoning regulations
such as “density” and prescribed use regulations (e.g., a hierarchal list of allowed land uses) in favor of
regulatory standards for building form and design. The formal short definition of a form-based code is as
follows:
“Form-based codes foster predicable built results and a high-quality public realm by using physical
form (rather than the separation of land uses) as the organizing principle for the code. A form-based
code is adopted into city or county law as regulations, more than mere guidelines. Form-based codes
are an alternative to conventional zoning.” (Form Based Code Institute)
Simply stated, a form-based code combines conventional zoning code regulations and design guidelines
into one regulatory document. By including the design guidelines into this single document, specific design
elements and standards become prescribed rather than advisory, which: a) minimizes discretion and
uncertainty thus streamlining project review; and b) provides better and clearer direction to a property
owner/developer and the public on what is expected by the City.
The focus on the look and feel of the built environment is accomplished by prescribing massing and form
in how buildings relate to one another. This relationship is accomplished through the establishment of
various scales of block patterns and street types. To achieve this principle, a form-based code typically
includes the following elements:
• Regulating Plan – A plan or map of the regulated area designating the locations where different
building form standards apply. Applicable building form standards differ by “place type” (also
referred to as transect zones), which serve much like zoning districts. The Form-Based Codes
Institute has standardized a list of six transects ranging from the natural environment to the urban
core. The six transects are:
o Natural (T1)
o Rural (T2)
o Sub-Urban (T3)
o General Urban (T4)
o Urban Center (T5)
o Urban Core (T6)
Higher numbers designate progressively more urban environments. Based on its physical
characteristics, Downtown San Rafael falls within the T4 and T5 transects.
• Public Standards – Specific elements in the public realm such as the sidewalk and pedestrian ways,
travel lanes, on-street parking, street trees and street furniture. Typically, the standards will include
a “palette of street types” which defines the built and desired streetscapes.
• Building Standards – Regulations controlling the features, configurations and functions of buildings
that define and shape the public realm. The standards of design are intentionally based on the
context and/or the desired context of the built environment.
REPORT TO PLANNING COMMISSION Page 4
Case No: GPA16-001 & P16-13
• Administration – A clearly defined and readily understood project application, review and action
process.
• Definitions – A glossary to ensure the precise use and understanding of technical terms.
Form-based codes often include other elements such as standards for landscape, signage, environmental
resource, and desired architectural styles/types.
A form-based code is typically developed through an evaluation of existing, local conditions and the built
environment, community engagement and public visioning, a determination of appropriate spatial basis for
regulations (e.g., districts or zones), development of urban standards (massing and scale), development
of architectural standards, and the development of graphics and illustrations to clearly convey the message
and the desired outcomes. The Local Government Commission has published Form Based Codes:
Implementing Smart Growth, which is a simple, eight page fact sheet and guide on how such codes are
developed and how they work.
During the last two decades, Form-Based Codes have become a legally viable alternative to conventional
zoning (established through AB1268 legislation). Such codes work best in an urban, developed setting
where: a) building form and mass is a priority; b) there is a mix of land uses that are not necessarily
segregated; and c) there is a concentrated collection of building types, ages (historic structures) and
architectural styles. Downtown San Rafael provides this setting, and the Downtown Precise Plan provides
the best home for this code. Form-Based Codes have been widely established and successfully used in
many cities/towns. The Town of Sonoma has adopted a form-based code for the entire town. However,
form-based codes have more commonly been adopted for older, developed Downtown areas that have
similar characteristics to Downtown San Rafael. The shared characteristics include a mix of land uses, a
grid street pattern and a prominent pedestrian network. Examples include Central Petaluma, Downtown
Benicia, and Downtown Redwood City.
As the Commission is aware, the City has prepared informational videos on how Form-Based Codes work,
and how and how Codes are typically organized. The videos are available at this link.
ANALYSIS
This section of the staff report provides a summary of the Draft Form Based Code for Downtown,
highlighting the contents of each Code Section. The report does not provide the detailed standards
themselves, but instead focuses on the topics and organization of the Code. At the Planning
Commission meeting on January 26, the City’s consultant (Opticos Design) will present this information
and will be available to respond to questions.
The Code is organized into four major articles, each of which is comprised of “Divisions.” Each article is
summarized below.
Article 1: Introduction
The Introduction includes a “users guide” diagram and introduces the Code. It explains the purpose of
the Code, its applicability, and its relationship to the General Plan 2040 and Downtown Precise Plan. It
also identifies other provisions of the Municipal Code that apply to development in the Precise Plan
boundary. Article 1 concludes with a table indicating the level of permitting required for different types of
project types (renovation, new construction, etc.).
REPORT TO PLANNING COMMISSION Page 5
Case No: GPA16-001 & P16-13
Article 2: Form-Based Zones
This Article defines the different zoning districts and presents the major standards for each zone.
• Division 2.1 is a “preamble” that explains the concept of transects (see Page 3 of this staff report).
All of Downtown is either in transect 4 (T4) or transect 5 (T5). The T4 zones include less intense
areas such as the West End Village, while the T5 zones include the Downtown Core and areas
near the transit center.
• Division 2.2 establishes the zones. The T4 and T5 designations are further modified based on
whether their desired built form is associated with a traditional “Neighborhood” or a “Main Street.”
The zones are further classified according to the maximum building height allowed with and
without a height bonus. Thus, a parcel in the “T4N 40/60” zone would have a neighborhood form,
with a base height limit of 40 feet. Height bonuses in this zone are provided for projects with
community benefits such as affordable housing, public parking, and public open space, up to a
maximum building height of 60 feet. Some of the zones are further classified as “Open” (with an
O suffix), indicating more flexibility in the uses that are permitted.
• The Regulating Plan is also included in this section. This is essentially the zoning map for
Downtown, showing the geographic extent of the zones described above.
• Division 2.3 is the most substantial part of Article 2, as it establishes the standards for each of the
zones. This section begins with an overview of the four primary zones (T-4 Neighborhood, T-4
Main Street, T-5 Neighborhood, and T-5 Main Street). The desired form of each zone is
described and illustrated with a rendering. Buildings in each zone are described as being “house
form” (i.e., their basic form resembles a house, with setbacks on all sides) or “block form” (i.e., the
buildings are built to the sidewalk and are collectively arranged along the street to form a
continuous façade that extends the length of the block).
o The T-4 Neighborhood zone provides a walkable environment of small to medium size
buildings (homes and mixed use buildings) and provides a transition in scale between
Downtown and adjacent neighborhoods. It is the least intense zone and is mapped in
locations such as Fifth Avenue in the West End Village and Mission Avenue along the
northern edge of Downtown.
o The T-4 Main Street zone provides a walkable, vibrant district of medium to large footprint
mixed use buildings and housing choices, supporting neighborhood and community-
serving ground floor activities such as shopping, dining, services, civic activities, and arts
uses. It is mapped in locations such as 4th Street and B Street between 4th Street and 2nd
Street.
o The T-5 Neighborhood zone is comprised of larger footprint, higher intensity mixed use
buildings, generally within a 5- or 10-minute walk of the transit center. This district has
been mapped on locations such as the San Rafael Corporate Center and Montecito
Plaza.
o The T-5 Main Street zone is characterized by a walkable urban neighborhood with large,
higher intensity mixed use buildings close to the transit center. Areas with this designation
are limited to a relatively small area between Lincoln and Hetherton, generally within 500
feet of the SMART station. This zone is associated with a 70’ base height and a 90’ bonus
height, which makes it the most intense of the four districts.
REPORT TO PLANNING COMMISSION Page 6
Case No: GPA16-001 & P16-13
Division 2.3 presents a common set of standards for each of the four zones. These include
maximum and minimum setbacks (i.e., distance of structure from the property line), maximum
building length, and required civic space (which varies by building size). Each zone includes
allowances standards for encroachments, indicating the extent to which canopies, balconies, and
other building features may extend into the setback areas. Standards for building height are
presented, including maximum height of the top floor plate as well as the roofline.
Buildings are generally required to “stepback” at a specified height in each zone (this is illustrated
in the Code). For example, a 55’ tall building in the T-4MS zone would be required to step back
from the street by 10 feet above the third floor (35’) to reduce the perceived height and mass of
the building from the street and sidewalk. The Code also establishes a 14’ ground floor height
requirement on most properties, and includes standards for the depth of ground floor spaces
(they must generally extend 30’ back from the street within the building).
The Code lists the types of frontages, or building façades, that are acceptable in each District.
For example, the T4N district allows projecting porches, stoops, terraces, shopfronts, and several
other façade types; different standards may apply to the front of the building and the sides of the
building.
Standards for properties adjacent to historic structures are also included for each district. These
ensure that new development does not overwhelm adjacent historic buildings. The standards
address aspects such as massing and the inclusion of “wings” that step down in height adjacent
to the historic building. These standards would apply to all properties that adjoin one of the
roughly 100 Downtown properties identified as having a historic resource.
Parking standards are included for each of the four districts. These standards are generally
based on the number of bedrooms for residential uses, and square footage of floor space for non-
residential uses. Various exemptions and exceptions are provided for properties in the
Downtown Parking District, and slightly higher parking requirements apply in the West End
Village. Standards for driveway location and width are included with the parking standards.
Section 2.3.070 of Article 2 includes the Use Table. This is a simplified version of the Use Tables
that apply under existing zoning, but still provides a comprehensive list of possible Downtown
uses. The Use Table indicates whether a particular use is permitted by right, not allowed at all, or
requires an Administrative Use Permit, a Conditional Use Permit (CUP) issued by the Zoning
Administrator, or CUP issued by the Planning Commission. Roughly 85 different uses are listed.
As appropriate, the Use Table includes cross-references to other sections of the Municipal Code
that pertain to specific uses.
Article 3: Supplemental Standards to the Downtown Zones
Three Divisions are included in this Article: Site Standards, Massing and Articulation Standards, and
Façade Standards.
• Division 3.1 includes the Site Standards. These include requirements for screening of
mechanical, roof-mounted and wall-mounted equipment, retaining walls, and courtyard areas,
including maximum fence, wall, and vegetation height. Provisions for temporary fencing also are
included. Division 3.1 also addresses landscaping standards, including requirements for
landscape plans for new development.
Standards for parking design are included in this section. These standards do not address the
number of spaces required (which is covered in Article 2), but rather attributes of parking location,
REPORT TO PLANNING COMMISSION Page 7
Case No: GPA16-001 & P16-13
provisions for shared parking, truck parking, and requirements for carshare and carpool spaces.
Division 3.1 generally requires “unbundling” of residential parking from individual dwelling units
(i.e., the spaces must be leased or sold separately from the dwelling unit). The design of parking
areas also is addressed, including access requirements, landscaping and screening
requirements, and the location of parking on a parcel.
The final section of Division 3.1 addresses block size. It includes requirements for interior
pedestrian paseos on blocks that are more than 500 feet long or have a perimeter exceeding
2000 feet.
• Division 3.2 addresses Massing and Façade Standards. This section covers topics that are
commonly included in Design Guidelines, but with measurable standards to ensure predictable
outcomes. The concept of each building having a “top,” “middle,” and “bottom” (“tripartite”) is
incorporated. Buildings composition, character, and symmetry is addressed through a variety of
standards, including requirements for corner elements and window openings.
Division 3.2 provides further detail on historic resources. This includes guidelines for adding
stories to a historic building, including stepbacks to maintain the building’s appearance from the
street. It also includes limits on the maximum height permitted for buildings immediately
adjacent to historic buildings (generally no more than 20 feet higher than the historic building),
along with requirements to align setbacks of new buildings with those of adjacent historic
buildings.
• Division 3.3 provides Frontage Standards. Frontages are the components of a building that
provide the transition to the street and sidewalk. A menu of frontage types is provided, with
illustrations, photos, and dimensional standards for each type. These standards address aspects
such as finish level above sidewalk for stoops and doorways, maximum depth of a recessed
entryway, width of pedestrian accessways, and the length and width of features such as porches
and awnings. The standards also include dimensional requirements for storefront windows
(glazing).
Article 4: Definitions
The final section of the Code includes definitions. Key terms used in the document are defined in
Division 4.1. Division 4.2 includes diagrams explaining how dimensional measurements (such as
building height) are calculated.
Other Activities Related to the Form-Based Code
As part of this process, City staff has asked Opticos Design to “test” the Draft Code on three actual
Downtown development projects. The intent is to see what, if any, modifications to these projects would
be required under the proposed Code---and also to see how different these projects might have been
under the Code’s provisions. The three test projects are 703 Third Street (120 units), 815 B Street (41
units), and 407 G Street (at “Fourth and G,” with 10 units). Opticos reviewed the approved plans for
each project applying the standards of the new Code. In most cases, the Code permits slightly taller
structures on each site, with fewer parking spaces per unit and somewhat different arrangements and
orientation of ground floor uses. As a result of this analysis, a number of minor revisions to the Code
may be forthcoming.
Opticos and City staff are also developing a short video illustrating how property owners can navigate the
new Code. The video will be available on the City’s website and will provide a quick primer for those
seeking more information about how to find and interpret the zoning on their Downtown properties.
REPORT TO PLANNING COMMISSION Page 8
Case No: GPA16-001 & P16-13
Staff is also conducting outreach efforts to owners of properties that have been identified as potentially
historic, and to the owners of adjacent properties that may be impacted by historic designations. This
process will include one or more community webinars where the intent and process for the historic
resource inventory will be explained, and the provisions of the Form Based Code related to historic
buildings will be discussed. Staff is also setting up meetings with San Rafael Heritage and Downtown
business organizations to discuss issues related to historic resources and the recent historic field survey.
CORRESPONDENCE
No correspondence on the Form Based Code has been received. Correspondence on the Downtown
Precise Plan was received prior to the last Planning Commission meeting and provided to the Commission
with that agenda packet.
ATTACHMENTS
While there are no attachments to this Staff report, the Draft Downtown Precise Plan is available for review
online using this link: Downtown Precise Plan or by going to the City of San Rafael General Plan website
www.sanrafael2040.org and selecting the Downtown Precise Plan tab.