HomeMy WebLinkAboutPlanning Commission 2022-05-24 Agenda Packet
Planning Commission
Regular Meeting
Tuesday, May 24, 2022, 7:00 P.M.
AGENDA
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2022-05-24
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: 1 (669) 900 6833
Meeting ID: 883 2384 1452#
One Tap Mobile: US: + 16699006833,,88323841452#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference
without complying with the procedural requirements of Government Code section
54953(b)(3). This meeting will be held virtually using Zoom.
How to participate in the meeting:
• Submit public comments in writing. Correspondence received by 10:00
p.m. on Tuesday the week before the meeting will be provided with the
agenda materials provided to the Commission. Correspondence received
after this deadline but before the hearing will be conveyed to the Commission as
a supplement. Send correspondence to the project planner or to
PlanningPublicComment@cityofsanrafael.org; or send in writing to Planning
Division, CDD; 1400 5th Ave. 3rd Fl.; San Rafael, CA 94901.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal
public comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@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
RECORDING OF MEMBERS PRESENT AND ABSENT
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
PUBLIC NOTIFICATION OF MEETING PROCEDURES
ORAL COMMUNICATIONS FROM THE PUBLIC
Remarks are limited to three minutes per person and may be on anything within the subject
matter jurisdiction of the body. Remarks on non-agenda items will be heard first, remarks on
agenda items will be heard at the time the item is discussed.
CONSENT CALENDAR
The Consent Calendar allows the Commission to take action, without discussion, on Agenda
items for which there are no persons present who wish to speak, and no Commission
members who wish to discuss.
1. Approval of the Planning Commission Meeting Minutes of May 10, 2022
Recommended Action – Approve minutes as submitted
ACTION ITEMS
2. Senate Bill (SB) 9, The California Home Act
Proposed Amendments to the San Rafael Municipal Code to Implement Two-Unit
Developments and Urban Lots Splits consistent with Senate Bill (SB) 9, The California
Home Act.
Project Planner:
Leslie Mendez, Planning Manager Leslie.mendez@cityofsanrafael.org and
Jeff Ballantine, Senior Planner, jeff.ballantine@cityofsanrafael.org
Recommended Action – Accept public comment, provide feedback regarding
proposed amendments to Title 14 and Title 15 of the San Rafael Municipal Code to add
provisions to implement Senate Bill 9, and adopt a resolution recommending approval
of the proposed ordinance and associated amendments.
3. “Rules and Procedures” and Selection of Liaisons
Amend the Planning Commission “Rules and Procedures,” and conduct selection of
liaisons to DRB meetings for second half of the year.
Project Planner: Leslie Mendez, Planning Manager Leslie.mendez@cityofsanrafael.org
Recommended Action - Accept the proposed changes to the Planning Commission
“Rules and Procedures;” and select Planning Commission liaisons to the DRB for the
second half of calendar year 2022.
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
city.clerk@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 May 24, 2022
Planning Commission
Regular Meeting
Tuesday, May 10, 2022, 7:00 P.M.
MINUTES
Virtual Meeting
Watch on Webinar: https://tinyurl.com/pc-2022-05-10
Watch on YouTube: http://www.youtube.com/cityofsanrafael
Telephone: 1 (669) 900 6833
Meeting ID: 897 4566 6511#
One Tap Mobile: US: +16699006833,,89745666511#
CORONAVIRUS (COVID-19) ADVISORY NOTICE
In response to Assembly Bill 361, the City of San Rafael is offering teleconference
without complying with the procedural requirements of Government Code section
54953(b)(3). This meeting will be held virtually using Zoom.
How to participate in the meeting:
• Submit public comments in writing. Correspondence received by 10:00
p.m. on Tuesday the week before the meeting will be provided with the
agenda materials provided to the Commission. Correspondence received
after this deadline but before the hearing will be conveyed to the Commission as
a supplement. Send correspondence to the project planner or to
PlanningPublicComment@cityofsanrafael.org; or send in writing to Planning
Division, CDD; 1400 5th Ave. 3rd Fl.; San Rafael, CA 94901.
• Join the Zoom webinar and use the 'raise hand' feature to provide verbal public
comment.
• Dial-in to Zoom's telephone number using the meeting ID and provide verbal
public comment.
Any member of the public who needs accommodations should contact the City Clerk
(email city.clerk@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.
CALL TO ORDER
Chair called meeting to order at 7:00 PM. He then invited Planning Manager Leslie Mendez
to call roll.
RECORDING OF MEMBERS PRESENT AND ABSENT
PRESENT: JON PREVITALI, CHAIR
SAMINA SAUDE, VICE CHAIR
CAMILLE HARRIS, COMMISSIONER
ALDO MERCADO, COMMISSIONER (Arrived at 7:03)
JON HAVEMAN, COMMISSIONER
SHINGAI SAMUDZI, COMMISSIONER
ALSO PRESENT: LESLIE MENDEZ, PLANNING MANAGER
KRYSTLE RIZZI, PROJECT CONTRACT PLANNER
APPROVAL OR REVISION OF ORDER OF AGENDA ITEMS
No changes made to the order of the Agenda.
PUBLIC NOTIFICATION OF MEETING PROCEDURES
Chair Previtali invited Planning Manager Leslie Mendez, who informed the community the
meeting is being streamed live to YouTube and members of the public could provide public
comment either on the telephone or through Zoom. She explained the process for
community participation on the telephone and Zoom.
ORAL COMMUNICATIONS FROM THE PUBLIC
None.
CONSENT CALENDAR
Approval of the Planning Commission Meeting Minutes of April 12, 2022
Chair Previtali invited public comment and there was none.
Commissioner Mercado moved and Commissioner Haveman seconded to approve the
Consent Calendar. Chair Previtali invites Planning Manager Leslie Mendez to take roll:
AYES: Commissioners Harris, Haveman, Mercado, Vice Chair Suade, & Chair
Previtali
NOES: None
ABSENT: None
ABSTAIN: Commissioner Samudzi
Motion carried 5 – 0
ACTION ITEMS
88 Vivian Street (70-unit Residential Development)
To demolish the existing Country Club Bowl and construct 70 for-sale residential units, including
six available to low-income households, in 14 separate buildings.; APN: 008-092-02;
Neighborhood Commercial (NC) Zone; Matt Ashton of Ashton 3, LLC Applicant; Charlie Kinstler,
Owner; Canal Neighborhood
Project Planner: Krystle Rizzi, Contract Planner, krystle.rizzi@cityofsanrafael.org
Chair Previtali invited Project Planner to present the Staff Report. Krystle Rizzi presented.
Applicant, Matt Ashton, gave a presentation.
Staff & Applicant responded to questions from the Commissioners.
Chair Previtali opened public hearing and asked Staff to open public comment.
Comment in support of project from resident, Melanie Stein.
Comment about impacted parking by resident, Jeri Di Pietro.
Chair Previtali closed public hearing and called on Commissioners, in turn, to ask follow-up
questions of Applicant and Staff.
Commissioners discussed general parking concerns in Marin County and San Rafael.
Commissioners offered final comments on the Project.
Commissioner Samudzi moved and Vice Chair Saude seconded a motion to adopt the
recommended action, with the corrections highlighted by staff planner per the Staff Report.
Planning Manager takes roll:
AYES: Commissioners Harris, Haveman, Mercado, Samudzi, Vice Chair Suade, &
Chair Previtali
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried 6 – 0
DIRECTOR’S REPORT
Planning Manager reported on the following items:
• Update on the next Planning Commission meeting
• Update on first streamlined DRB review of a 10-unit development on Brookdale.
• Update on the first hybrid meetings of DRB and PC in second half of June 2022.
COMMISSION COMMUNICATION
None.
ADJOURNMENT
There being no further business, Chair Previtali adjourned the meeting at 8:26 PM.
________________________________
LESLIE MENDEZ, Planning Manager
APPROVED THIS _____DAY OF____________, 2022
_____________________________________
JON PREVITALI, Chair
Community Development Department – Planning Division
Meeting Date: May 24, 2022
Agenda Item:
2
Case Numbers:
P22-005
Project Planner:
Leslie Mendez, Planning
Manager
Jeff Ballantine, Senior
Planner
REPORT TO PLANNING COMMISSION
SUBJECT: Proposed Amendments to the San Rafael Municipal Code to Implement Two-Unit
Developments and Urban Lots Splits consistent with Senate Bill (SB) 9, The California Home Act
EXECUTIVE SUMMARY
Senate Bill (SB) 9, which took effect on January 1, 2022, is part of the legislature’s multi-year efforts to
address the state’s housing crisis by streamlining approval and encouraging production of certain
residential developments. Staff has prepared a Draft Ordinance that incorporates the requirements of SB
9 for Two-Unit Developments and Urban Lot Splits and includes City specific standards where allowed.
Because residential units created pursuant to SB 9 contribute to the housing stock and contribute towards
the City’s regional housing obligation, the Ordinance is intended to facilitate this process and includes a
provision to allow Accessory Dwelling Units (ADUs) under 500 square feet in size, which count toward
meeting the City’s low-income obligation.
RECOMMENDATION
It is recommended that the Planning Commission accept public comment, discuss and provide feedback
regarding proposed amendments to Title 14 and Title 15 of the San Rafael Municipal Code to add
provisions to implement Senate Bill 9 and adopt a resolution recommending approval of the proposed
ordinance and associated amendments.
BACKGROUND
On September 16, 2021, Governor Newson signed SB 9, the California Home Act, into law which requires
municipalities to allow additional housing development in single-family zoned neighborhoods through
subdivisions and additional primary residential units.
This bill, which took effect on January 1, 2022, consists of two primary components:
1) Two-Unit Developments (Government Code Section 65852.21). Provisions to allow development
of up to two primary residential units on lots in single-family zoning districts; and
2) Urban Lot Splits (Government Code Section 6441.7). Provisions to allow the subdivision of lots in
single-family zoning districts into two lots.
These two components can be combined such that an Urban Lot Split in conjunction with a Two-Unit
Development on each of the resulting parcels would allow for a total of four primary residential units on
what was previously a single-family residential parcel. Municipalities must process SB 9 applications
ministerially, without discretionary review or a hearing.
REPORT TO PLANNING COMMISSION – SB 9 Ordinance Page 2
SB 9 contains eligibility criteria addressing environmental site constraints (e.g., wetlands, wildfire risk, etc.),
anti-displacement measures for renters and low-income households, and the protection of historic
structures and districts (see detailed eligibility requirements below). SB 9 requires the City to approve a
Two-Unit Development and Urban Lot Split only if the project conforms to all applicable objective
requirements, except as otherwise provided in SB 9. A key exception is that a local agency must eliminate
objective development standards on a project-by-project basis if they would prevent an otherwise eligible
lot from being split or prevent the construction of up to two units of at least 800 square feet in size.
Eligibility Requirements for Two-Unit Developments
SB 9 requires that a Two-Unit Development be considered ministerially, if the proposed housing
development meets all the following requirements:
1. The project site is in a single-family residential zoning district.
2. The proposed housing development would not require demolition or alteration of existing housing
that:
a. Is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable
to persons and families of moderate, low, or very low income.
b. Is subject to any form of rent or price control through a public entity’s valid exercise of its
police power.
c. Has been occupied by a tenant in the last three years.
3. The proposed housing development would not result in the demolition of more than 25 percent of
the existing exterior structural walls unless site has not been occupied by a tenant in the last three
years.
4. The development is not on a parcel on which the owner has withdrawn it from renting or leasing
under Section 7060 of the Government Code (Ellis Act) within 15 years preceding the development
application.
5. The project site is not a historic landmark or located within a state or local historic district.
6. The development is not located in specified designated areas, unless certain standards are met.
Such designated areas include: high fire hazard severity zone, farmland, wetland, hazardous waste
site (according to listing on the Cortese list), flood hazard area as determined by FEMA maps,
lands within conservation plans, lands under conservation easement, or lands designated as
habitat protection areas for species identified in the California Endangered Species Act (CESA)
and the U.S. Endangered Species Act (ESA).
In addition, SB 9 requires that any residential unit created pursuant to the law must be rented for a term
longer than 30 days (i.e. no short term rentals are permitted).
Eligibility Requirements for Urban Lot Splits
Similar to eligibility criteria established for Two-Unit Developments, SB 9 requires that the parcel map for
an Urban Lot Splits be considered ministerially, if the proposed lot split complies with the following
requirements:
1. The parcel being subdivided is located within a single-family residential zoning district and would
not result in the demolition or alteration of the following types of housing units:
a. Housing unit that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
REPORT TO PLANNING COMMISSION – SB 9 Ordinance Page 3
b. Housing unit that is subject to any form of rent or price control through a public entity’s valid
exercise of its police power.
c. Housing units that have been occupied by a tenant in the last three years.
d. Housing units that are located on a parcel on which the owner has withdrawn it from renting
or leasing under Section 7060 of the Government Code within 15 years preceding the
development application (i.e., an exit of the rental housing business pursuant to the Ellis
Act).
2. The Site is not a historic landmark, or located within a historic district, either state or local.
3. The development is not located in specified designated areas, including a high fire hazard severity
zone, farmland, wetland, hazardous waste site (according to listing on the Cortese list), flood
hazard area as determined by FEMA maps, lands within conservation plans, lands under
conservation easement, or lands designated as habitat protection areas for species identified in
the California Endangered Species Act (CESA) and the U.S. Endangered Species Act (ESA).
4. The parcel has not been established through a prior exercise of an urban lot split authorized by SB
9, and neither the parcel owner nor any person acting in concert with the owner has previously
exercised an urban lot split under SB 9 on an adjacent parcel.
In addition, SB 9 requires that the City require an applicant for an urban lot split to sign an affidavit stating
that the applicant intends to occupy one of the housing units as their principal residence for a minimum of
three years from the date of the approval of the urban lot split. However, no such affidavit is required of a
community land trust or qualified nonprofit.
SB9 allows a city to deny a proposed Two-Unit Development or Urban Lot Split if the project would have
a specific, adverse impact, as defined in Public Health and Safety Code Section 65589.5(d)(2), upon public
health and safety or the physical environment and for which there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact.
ANALYSIS
SB 9 requires that, except as specifically provided within the bill, local agencies may only apply existing
objective development standards (i.e. objective zoning, design review, and subdivision standards)
provided the standards do not physically preclude the construction of up to two units that are at least 800
square feet in floor area with four-foot side and rear yard setbacks, on each of the existing or newly created
lots.
The City’s Municipal Code currently contains objective standards in Title 14 (Zoning) and Title 15
(Subdivisions) that are currently applied to residential projects and/or lot splits and can continue to be
applied to these types of projects.
Two-Unit Housing Development Objective Development Standards:
A description of the development standards imposed by SB 9, the City’s existing objective standards, and
development standards that are left to the City’s discretion are below followed by staff’s recommendation
of the discretionary standards.
Objective Standards Imposed by SB 9
1. Min. floor area: 800 sq. ft. per dwelling
2. Max. rear yard setback: 4 ft. for dwelling units < 800 sq. ft.
3. Max. side yard setback: 4 ft. for dwelling units < 800 sq. ft.
REPORT TO PLANNING COMMISSION – SB 9 Ordinance Page 4
4. No setback may be imposed on an existing structure, or a structure constructed in the same location
and to the same dimensions as an existing structure.
5. Max. off-street parking space: 1 per dwelling. No parking required if:
a. Parcel is located within one-half mile walking distance of either a high-quality transit
corridor; or
b. There is a car share vehicle located within one block of the parcel.
Existing Objective Development Standards in the SRMC
The following existing objective development standards in San Rafael Municipal Code (SRMC) Section
14.04.030 would apply to SB 9 applications:
1. Min. front yard setback: 15 ft. to 20 ft., depending on zoning district
2. Max. height: 30 ft.
3. Max. lot coverage: 20% to 40%, depending on zoning district
4. Max. Upper Floor: 50% of max. lot coverage for lots less than 5,000 sq. ft.
5. Max. Upper Floor: 75% of max. lot coverage for lots 5,000 sq. ft. or larger
If a property is in an overlay district, then additional standards would apply. If located in the Eichler and
Alliance Homes Overlay District (SRMC Ch. 14.14), then the maximum allowable height is 17 feet. If
located in the Hillside Overlay District (SRMC Ch. 14.12), then there are additional restrictions on building
height, lot coverage, natural state, gross building square footage, and street and driveway grades. The
Wetland Overlay District (Chapter 14.12) and creek setback requirements (Section 14.16.080), also apply
to properties that are in the Wetland Overlay District or nearby a creek.
Objective Standards Left to City’s Discretion
Municipalities have the discretion to adopt the following additional standards specifically for SB 9
applications:
1. Impose a maximum floor area of 800 sq. ft. or greater
2. Impose a maximum height for units greater than 800 sq. ft.
3. Impose minimum setbacks for units greater than 800 sq. ft. up to the district minimum
4. Impose no side or rear yard setbacks—other than to accommodate life and safety
5. Impose no required parking
6. Restrict the total number of units to four inclusive of ADUs for sites that utilize both the Urban Lot
Split and Two-Unit Development provisions in SB 9
7. Allow ADUs in addition to the primary unit and/or allow and restrict the size of ADUs constructed
on sites that utilize both the Urban Lot Split and Two-Unit Development provisions in SB 9
Staff Recommended Objective Standards for Two-Unit Housing Developments
SB 9 is an opportunity to accommodate significant growth and improved diversity in the City’s housing
stock. Housing and homelessness is included as one of the four core focus areas adopted by the City
Council in the City’s Goals & Objectives FY2021-2022. A key ingredient of this focus area is creating new
housing and, particularly, creating new affordable housing. The provisions in SB 9 have the potential to
accommodate a significant increase in residential units, as well as accommodate units that are affordable
by design. Since SB 9 allows both the production of additional parcels through subdivision, and the
development of up to four residential units per parcel on single-family zoned lots, many of these new in-fill
units are expected to be smaller than the existing single-family houses, and thus more affordable by design.
To further promote and streamline the production of housing in compliance with the City’s housing goals
and to address the region’s housing crisis, while simultaneously considering the impact parking could have
on access and evacuation routes, staff has proposed the following objective development standards to
REPORT TO PLANNING COMMISSION – SB 9 Ordinance Page 5
apply to SB 9 applications and has incorporated them in the draft ordinance found in Attachment A of
Exhibit 1:
1. No maximum floor area requirement
2. Minimum 4 ft. side and rear setbacks
3. One off street parking space per unit, unless (as required by SB 9):
a. Parcel is located within ½ mile of a transit corridor or major transit stop
b. Car share vehicle located within one block of the parcel.
4. Allowing ADUs of under 500 square feet in size—which count towards the City’s low income
housing obligation—on developments utilizing both the Urban Lot Split and Two Unit Development
provisions in SB 9.
Urban Lot Split Subdivision Objective Standards:
A description of the development standards imposed by SB 9, the City’s existing objective standards, and
development standards that are left to the City’s discretion are below followed by staff’s recommendation
of the discretionary standards.
SB 9 Mandated Standards
SB 9 mandates that the following subdivision standards apply to Urban Lot Split applications:
1. The parcel subdivision would create no more than two new parcels of approximately equal lot area
and the smaller parcel shall be not less than forty (40) percent of the lot area proposed for
subdivision; and
2. Each parcel would have a minimum size of 1,200 square feet, unless authorized by ordinance.
The City cannot impose standards that would physically preclude the construction of two units on either of
the resulting parcels or that would result in a unit size of less than 800 square feet. In addition, the City is
prohibited from requiring dedications of rights-of-way or the construction of offsite improvements and shall
not require the correction of nonconforming zoning conditions as part of any approval for these types of
projects.
Objective Standards Left to City’s Discretion
Municipalities have the discretion to adopt the following additional objective standards specifically for SB
9 Urban Lot Split applications:
1. Adopt a minimum lot size smaller than 1,200 square feet per parcel
2. Require easements for the provision of public services and facilities
3. Require that each parcel shall have access to, provide access to, or adjoin the public right-of-way
Staff Recommended Objective Standards for Urban Lot Splits
To encourage resilient development of our neighborhoods, including creation of lots and housing units
that have access to utility and effective emergency services, staff recommends and has included the
following object standards in the draft ordinance:
1. Require easements for the provision of public services and facilities
2. Require that each parcel shall have access to, provide access to, or adjoin the public right-of-way
Elections to Objective Development standards:
SB 9 requires a local agency to eliminate objective development standards applicable to either an Urban
Lot Spit or a Two-Unit Development on a project-by-project basis if the standards would prevent an
REPORT TO PLANNING COMMISSION – SB 9 Ordinance Page 6
otherwise eligible lot from being split or prevent the construction of up to two units of at least 800 square
feet in size.
Staff Recommended Election Standards
To assist in the streamlined processing of such future applications that require exceptions to the objective
standards and to provide transparency to both applicants and neighboring residents, staff recommends
the City adopt a hierarchy of development standards. Staff has suggested, as incorporated in the draft
ordinance, that standards be set aside in the following order until the site can contain two, 800-square-foot
units:
1. Natural State (where applicable)
2. Lot Coverage
3. Front Setbacks
4. Second Floor Area limitations
ENVIRONMENTAL DETERMINATION
Pursuant to Government Code sections 65852.21(j) and 66411.7(n), the City may adopt an
ordinance to implement the provisions of Government Code Sections 65852.21 and 66411.7, and
such an ordinance shall not be considered a project under the California Environmental Quality
Act (“CEQA”).
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 on May 7,
2022 and mailed to all stakeholders, agencies and special interest groups on May 6, 2022. A subsequent
email notification was sent to all stakeholders, agencies and special interest groups on May 11, 2022.
Those noticed included, among others, all neighborhood associations, the Federation of San Rafael
Neighborhoods, and housing advocacy groups. As of the writing of this staff report, no public comment
has been received. Any communication received will be forwarded to the Planning Commission.
OPTIONS
The Planning Commission has the following options to consider on this matter:
1. Adopt the Resolution recommending City Council Adoption of the proposed ordinance.
2. Adopt the Resolution recommending City Council Adoption of the proposed ordinance with
modifications.
3. Direct staff to return with more information.
EXHIBITS
1. Resolution recommending City Council adopt an Ordinance implementing the provisions of SB 9
Attachment A: Draft SB 9 Ordinance
EXHIBIT 1
Exhibit 1 Page-1
RESOLUTION NO. 22-
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE OF THE
CITY OF SAN RAFAEL ADDING SECTION 14.16.282 (TWO-UNIT HOUSING
DEVELOPMENTS) TO CHAPTER 14.16 (SITE AND USE REGULATIONS) OF
DIVISION IV (REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS) OF
TITLE 14 (ZONING) AND CHAPTER 15.155 (URBAN LOT SPLITS) TO TITLE 15
(SUBDIVISIONS) OF THE SAN RAFAEL MUNICIPAL CODE, TO IMPLEMENT
GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 (SENATE BILL 9)
RELATED TO TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT SPLITS
(ZO22-003)
WHEREAS, SB-9 the California Home Act (Chapter 162, Statutes of 2021)
enacted Sections 66411.7 and 65852.21 to the Government Code, effective January 1,
2022; and
WHEREAS, these provisions require the City to provide ministerial approval of
urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling
units (“Two-Unit Developments”) on each single-family residential zoned lot within the City,
subject to certain limitations; and
WHEREAS, Government Code Section 66411.7(a) limits eligibility of Urban Lot
Splits by size and proportionality; and
WHEREAS, Government Code Sections 66411.7(a)(3)(C) and 65852.21(a)(2)
limit Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not
located on or within certain farmland, wetlands, very high fire hazard severity zones,
hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory
floodways, lands identified for conservation, habitats for protected species, and historic
properties, unless projects on such sites meet specified conditions; and
WHEREAS, Government Code Sections 66411.7(a)(3)(D) and 65852.21(a)(3)
through (a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development,
respectfully, that propose to demolish or alter housing subject to affordability restrictions,
housing subject to rent or price controls, housing that has been occupied by a tenant in
the last three years, housing that has been withdrawn from rent or lease within the past
15 years, and housing that requires demolition of existing structural walls unless
authorized by local ordinance or has not been tenant-occupied within the past three years;
and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E)
allow a city to deny an Urban Lot Split for properties within a historic district or listed on
the State’s Historic Resource Inventory or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city or county ordinance;
and
WHEREAS, Government Code Sections 66411.7(c) and 65852.21(b) allow a city
to establish objective zoning standards, objective subdivision standards, and objective
design review standards for Urban Lot Splits and Two-Unit Developments, respectively,
subject to limits within state law; and
EXHIBIT 1
Exhibit 1 Page-2
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction
of two units on either of the resulting parcels from an Urban Lot Split or that would result
in a unit size of less than 800 square feet” for a Two-Unit Development; and
WHEREAS, Government Code Sections 66411.7 and 65852.21 allow a city to
deny a proposed Two-Unit Development or Urban Lot Split, respectively, if the project
would have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact; and
WHEREAS, pursuant to Government Code Sections 65852.21(j) and 66411.7(n),
the City may adopt an ordinance to implement the provisions of Government Code
Sections 65852.21 and 66411.7, and such an ordinance shall not be considered a project
under the California Environmental Quality Act (“CEQA”); and
WHEREAS, on May 24, 2022, the Planning Commission held a duly-noticed public
hearing on the proposed amendments to the San Rafael Municipal Code, Title 14 and Title
15, 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
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 A 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 14 – Zoning Ordinance and
Zoning Map are consistent with the policies and programs of the San Rafael
General Plan 2020 in that as proposed the amendments would:
a. Align the city’s regulations to Government Code Sections 66411.7 and
65852.21;
b. Be consistent with General Plan Program LU-2.12B (Alternative Housing
Types) which supports accommodating innovative housing types and
amending the zoning code to support the conversion of existing underutilized
buildings into housing units; and
c. Be consistent with Policy LU-3.3 (Housing Mix) which encourage a diverse
mix of housing choices in terms of affordability, unit type, and size.
2. The public health, safety and general welfare are served by adoption of the
proposed amendments to the SRMC, in that they would: (1) implement standards
in line with state regulations related to Two-Unit Housing Developments and Urban
Lot Splits; and (2) accommodate additional housing units within the City.
EXHIBIT 1
Exhibit 1 Page-3
The foregoing Resolution was adopted at the regular City of San Rafael Planning
Commission meeting held on the 24th day of May 2022.
Moved by Commissioner _______________ and seconded by Commissioner
________________.
AYES:
NOES:
ABSENT:
SAN RAFAEL PLANNING COMMISSION
ATTEST: _________________________ BY: ________________________
Leslie Mendez, Secretary Jon Previtali, Chair
ATTACHMENTS:
A. Amendments to San Rafael Municipal Code Title 14 (Zoning) and Title 15
(Subdivisions)
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 1 of 14
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING SECTION 14.16.282
(TWO-UNIT HOUSING DEVELOPMENTS) TO CHAPTER 14.16 (SITE AND USE
REGULATIONS) OF DIVISION IV (REGULATIONS APPLYING IN ALL OR SEVERAL
DISTRICTS) OF TITLE 14 (ZONING) AND CHAPTER 15.155 (URBAN LOT SPLITS)
TO TITLE 15 (SUBDIVISIONS) OF THE SAN RAFAEL MUNICIPAL CODE, TO
IMPLEMENT GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 (SENATE
BILL 9) RELATED TO TWO-UNIT HOUSING DEVELOPMENTS AND URBAN LOT
SPLITS
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted Sections 66411.7 and
65852.21 to the Government Code, effective January 1, 2022; and
WHEREAS, these provisions require the City to provide ministerial approval of
urban lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling
units (“Two-Unit Developments”) on each single-family residential zoned lot within the
City, subject to certain limitations; and
WHEREAS, Government Code Section 66411.7(a) limits eligibility of Urban Lot
Splits by size and proportionality; and
WHEREAS, Government Code Sections 66411.7(a)(3)(C) and 65852.21(a)(2)
limit Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not
located on or within certain farmland, wetlands, very high fire hazard severity zones,
hazardous waste sites, earthquake fault zones, special flood hazard areas, regulatory
floodways, lands identified for conservation, habitats for protected species, and historic
properties, unless projects on such sites meet specified conditions; and
WHEREAS, Government Code Sections 66411.7(a)(3)(D) and 65852.21(a)(3)
through (a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development,
respectfully, that proposes to demolish or alter housing subject to affordability
restrictions, housing subject to rent or price controls, housing that has been occupied by
a tenant in the last three years, housing that has been withdrawn from rent or lease
within the past 15 years, and housing that requires demolition of existing structural walls
unless authorized by local ordinance or has not been tenant-occupied within the past 3
years; and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E)
allow a city to deny an Urban Lot Split for properties within a historic district or listed on
the State’s Historic Resource Inventory or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or county
ordinance; and
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 2 of 14
WHEREAS, Government Code Sections 66411.7(c) and 65852.21(b) allow a city
to establish objective zoning standards, objective subdivision standards, and objective
design review standards for Urban Lot Splits and Two-Unit Developments, respectively,
subject to limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards,
and objective design review standards may not have the effect of “precluding the
construction of two units on either of the resulting parcels from an Urban Lot Split or that
would result in a unit size of less than 800 square feet” for a Two-Unit Development;
and
WHEREAS, Government Code Sections 66411.7 and 65852.21 allow a city to
deny a proposed Two-Unit Development or Urban Lot Split, respectively, if the project
would have a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact; and
WHEREAS, pursuant to Government Code Sections 65852.21(j) and 66411.7(n),
the City may adopt an ordinance to implement the provisions of Government Code
Sections 65852.21 and 66411.7, and such an ordinance shall not be considered a
project under the California Environmental Quality Act (“CEQA”); and
WHEREAS, the City Council desires to implement objective standards and an
application process for projects undertaken pursuant to Government Code Sections
65852.21 and 66411.7 by the adoption of such an ordinance;
BE IT ORDAINED by the City of San Rafael as follows:
Section 1. The above findings are adopted and incorporated herein.
Section 2. Section 14.16.282 (Two-Unit Housing Developments) is added to Chapter
14.16 (Site and Use Regulations) of Division IV (Regulations Applying in All
or Several Districts) of Title 16 (Zoning) of the San Rafael Municipal Code
as set forth below.
14.16.282 – Two-Unit Housing Developments.
A. Purpose. The purpose of this section is to provide procedures and
development standards for the establishment of Two-Unit Housing
Developments pursuant to Government Code Section 65852.21. To
accomplish this purpose, the regulations outlined herein are determined to be
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 3 of 14
necessary for the preservation of the public health, safety and general
welfare, and for the promotion of orderly growth and development.
B. Filing, Processing and Action.
1. Ministerial Review. A Two-Unit Housing Development shall be
ministerially approved, without discretionary review or hearing, if the
proposed housing development meets all provisions of this chapter.
Review shall be done through submittal of a building permit application.
2. The City shall act on an application for a Two-Unit Housing Development
within 60 days of receipt of a complete application. If the applicant
requests a delay in writing, the sixty-day time period shall be tolled for the
period of the delay. The City has acted on the application if it:
a. Approves or denies the building permit for the Two-Unit
Development; or
b. Informs the applicant in writing that changes to the proposed
project are necessary to comply with this chapter or other
applicable laws and regulations.
3. Adverse Impact Upon Health and Safety. A proposed Two-Unit Housing
Development shall be denied if the Building Official makes a written
finding, based upon a preponderance of the evidence, that the proposed
Two-Unit Housing Development would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section
65589.5 of the Government Code, upon public health and safety or the
physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
4. Limitations on Approval. A proposed Two-Unit Housing Development shall
not be eligible for approval pursuant to this Chapter if any of the following
circumstances apply:
a. The Two-Unit Housing Development would require demolition or
alteration of “protected housing.” Protected housing includes:
i. Housing that is subject to a recorded covenant, ordinance or
law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
ii. Housing that is subject to rent control through valid local rent
control provisions.
iii. Housing that has been occupied by a tenant in the last 3
years
b. The Two-Unit Housing Development would be located on a parcel
on which the owner has withdrawn it from renting or leasing under
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 4 of 14
Section 7060 of the Government Code within 15 years preceding
the development application (i.e. an exit of the rental housing
business pursuant to the Ellis Act).
c. The Two-Unit Housing Development would be located within a
historic district, would be included on the State Historic Resources
Inventory, or would be within a site that is legally designated or
listed as a city or county landmark or historic property or district.
d. The Two-Unit Housing Development would be located in any of the
specified designated areas set forth in subparagraphs (B) to (K),
inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of
the California Government Code, unless requirements therein are
met.
C. Development Standards. The following objective development standards shall
apply to Two-Unit Housing Developments. In addition to these standards, all
provisions of the California Building Code shall apply to Two-Unit Housing
Developments.
1. General Standards.
a. Two-Unit Housing Developments may either be detached or
attached, as long as attached structures meet building code safety
standards and are sufficient to allow separate conveyance.
b. Two-Unit Housing Developments shall be permitted in all single-
family residential zones including R2a, R1a, R20, R10, R7.5, and
R5.
c. Short Term Rentals Prohibited. The rental of any unit a Two-Unit
Housing Development shall be for a term of longer than thirty (30)
days.
d. Utility Connections. Each primary unit in a Two-Unit Housing
Development shall be served by separate water, sewer and
electrical utility connections which connect each unit directly to the
utility.
e. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling
Units (JADUs) shall be permitted as set forth in Section 14.16.285 –
Accessory Dwelling Units on parcels not created through an Urban
Lot Split (Chapter 15.155).
f. Accessory Dwelling Units (ADUs) shall be permitted as set below
on parcels created through an Urban Lot Split (Chapter 15.155).
i. A Two-Unit Housing Development proposing one primary
dwelling unit shall be permitted ADUs and JADUs as set
forth in Section 14.16.285 – Accessory Dwelling Units.
ii. A Two-Unit Housing Development proposing a total of two
primary dwelling units shall be permitted one ADU per
dwelling unit with a maximum size of less than 500 square
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 5 of 14
feet. All other provisions and development standards of
Section 14.16.285. shall apply.
iii. Any ADU 500 square feet or greater that was issued a
building permit prior to the date of the first reading of this
ordinance shall not otherwise preclude development
pursuant to this Section.
iv. The rental of any ADU/JADU shall be for a term of longer
than thirty (30) days.
2. Objective Development Standards. All applicable objective development
standards set forth in Title 14 – Zoning of the San Rafael Municipal Code
apply to a Two-Unit Housing Development. However, where the following
standards conflict or are inconsistent with objective development
standards in Title 14, the following standards shall prevail:
a. Four-foot rear and side yard setbacks are required.
b. One off-street parking space is required per dwelling. No parking
shall be required if:
i. The parcel is located within one-half mile walking distance of
either a high-quality transit corridor as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a
major transit stop as defined in Section 21064.3 of the Public
Resources Code; or
ii. There is a car share vehicle located within one block of the
parcel.
3. Exceptions to Development Standards.
a. Notwithstanding subsection 2 of this section, all development
standards shall be subject to the following exceptions:
i. Any standards that would have the effect of physically
precluding the construction of two units or that would
physically preclude either of the two units from being at least
800 square feet, shall not be imposed.
ii. Election of development standards. If necessary, objective
zoning, subdivision, or design standards will be set aside in
the following order until the site can contain two, 800-square-
foot units:
a) Natural State (where applicable)
b) Lot Coverage
c) Front Setbacks
d) Second Floor Area limitations
iii. No setback shall be imposed for a Two-Unit Housing
Development constructed in the same location and to the
same dimensions as an existing structure.
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 6 of 14
b. Two-Unit Housing Developments are not eligible for any additional
Exceptions, Variances, or other deviations from the objective
development standards.
Section 3. Chapter 15.155 (Urban Lot Splits) is added to Title 15 (Subdivisions) of the
San Rafael Municipal Code to read as follows:
CHAPTER 15.155
URBAN LOT SPLITS
15.155.010 Purpose and Intent
It is the purpose of this Chapter to provide procedures necessary for the
implementation of Section 66411.7 of the Government Code pertaining to Urban Lot
Splits. To accomplish this purpose, the regulations outlined herein are determined to
be necessary for the preservation of the public health, safety and general welfare, and
for the promotion of orderly growth and development.
15.155.020 Filing, Processing, and Action
A. Ministerial Review. An Urban Lot Split shall be ministerially approved, without
discretionary review or hearing, if the proposed subdivision meets all
provisions of this chapter and conforms to all applicable objective
requirements of the Subdivision Map Act (Division 2) commencing with
Section 66410 of the Government Code.
B. Parcel Map. Applicants for Urban Lot Splits shall submit a Parcel Map
application.
C. The City shall act on a Parcel Map application for an Urban Lot Split within 60
days of receipt of a complete application. If the applicant requests a delay in
writing, the 60-day time period shall be tolled for the period of the delay. The
City has acted on the application if it:
1. Approves or denies a Parcel Map application for an Urban Lot Split; or
2. Informs the applicant in writing that changes to the proposed project are
necessary to comply with this Chapter or other applicable laws and
regulations.
D. Parcel maps for Urban Lot Splits shall not be conditioned on dedication of
right of way or construction of offsite improvements.
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 7 of 14
E. Adverse Impact Upon Health and Safety. A proposed Urban Lot Split shall be
denied if the Building Official makes a written finding, based upon a
preponderance of the evidence, that the proposed Urban Lot Split would have
a specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Section 65589.5 of the Government Code, upon public
health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
F. Limitations on Approval. A proposed Urban Lot Split shall not be eligible for
approval pursuant to this Chapter if any of the following circumstances apply:
1. The proposed Urban Lot Split would require demolition or alteration of
“protected housing.” Protected housing includes:
a. Housing that is subject to a recorded covenant, ordinance or law
that restricts rents to levels affordable to persons and families of
moderate, low, or very low income.
b. Housing that is subject to rent control through valid local rent
control provisions.
c. A parcel on which the owner of residential real property has
withdrawn accommodations from rent or lease pursuant to Section
7060 of the Government Code within 15 years preceding the
development application (i.e. an exit of the rental housing business
pursuant to the Ellis Act).
d. Housing that has been occupied by a tenant in the last three years.
2. The parcel to be subdivided is located within a historic district, is included
on the State Historic Resources Inventory, or is within a site that is legally
designated or listed as a city or county landmark or historic property or
district.
3. The parcel to be subdivided is located in any of the specified designated
areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of
subdivision (a) of Section 65913.4 of the California Government Code and
does not satisfy the eligibility requirements therein.
4. The parcel to be subdivided has been established through prior exercise
of an Urban Lot Split pursuant to this Chapter.
5. Either the owner of the parcel to be subdivided or any person acting in
concert with the owner has previously subdivided an adjacent parcel using
an Urban Lot Split pursuant to this Chapter. “Acting in concert” means the
owner, or a person acting as an agent or representative of the owner,
knowingly participated with another person in joint activity or parallel
action toward a common goal of subdividing the adjacent parcel.
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 8 of 14
15.155.030 Development Standards
The following objective development standards shall apply to Urban Lot Splits. In
addition to these standards, all provisions of the California Building Code shall apply to
Urban Lot Splits.
A. General Standards
1. Urban Lot Splits shall be permitted in all single-family residential zones
including R2a, R1a, R20, R10, R7.5, and R5.
2. Uses created through an Urban Lot Split shall be limited to residential
uses.
3. Short Term Rentals Prohibited. The rental of any unit created through an
Urban Lot Split, either primary or accessory, shall be for a term of longer
than thirty (30) days.
4. Accessory Dwelling Units. Accessory dwelling units and junior accessory
dwelling units shall be permitted as set forth in Section 14.16.282.C.1.f.
5. Objective Development Standards. All applicable objective development
standards set forth in Title 14 – Zoning and Title 15 – Subdivisions of the
San Rafael Municipal Code apply to an Urban Lot Split in addition to, or
except as qualified, below.
6. Parcels created through Urban Lot Splits shall conform to the following:
a. One of the two parcels shall not be smaller than 40% of the lot area
of the original parcel area of the subdivision;
b. Each of the two parcels shall have a minimum lot size of 1,200
square feet.
c. Each parcel shall have access to, provide access to, or adjoin the
public right-of-way.
d. Each parcel shall possess easements and/or other necessary
property rights required for the provision of public services and
facilities.
B. Exceptions to Development Standards. Notwithstanding subsection B of this
section, all development standards shall be subject to the following:
1. Any standards that would have the effect of physically precluding the
construction of two units on either of the resulting parcels or that would
result in a unit size of less than 800 square feet, shall not be imposed.
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 9 of 14
2. No setback shall be imposed for an existing structure or a structure
constructed in the same location and to the same dimensions as an
existing structure.
3. Correction of any legal nonconforming zoning condition shall not be
required as a condition of approval of an Urban Lot Split.
4. Urban Lot Splits are not eligible for any additional Exceptions, Variances,
or other deviations from the objective development standards.
Section 4: Text amendments are proposed to the following sections of Title 14 –
Zoning. New wording is shown in underline and deletions are shown in strikethrough.
Section 14.03.030 – Definitions. The following definition is added to this Section:
“Two-Unit Housing Development” means a development in compliance with the
provisions of SB 9 HOME Act of (SRMC Section 14.16.282) that contains no more
than two primary dwelling units and no more than one ADU of less than 500 square
feet per primary dwelling unit.
Table 14.04.020 in Section 14.04.020 – Land Use Regulations (R, DR, MR, HR, PD)
is amended as follows:
Type of Land
Use
R DR MR HR PD Additional Use Regulations
Residential
Uses
Duplex
residential
P* P P P C *Pursuant to regulations and restrictions outlined
in Section 14.16.282
Table14.04.030 - Property development standards (R) with footnotes is amended as
follows:
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Minimum
lot area
(sq. ft.)
2 acres 1 acre 20,000 10,000 7,500 5,000/6,000
(corner)
(J)
Minimum 150 150 100 75 60 50/60 (J)
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 10 of 14
R2a R1a R20 R10 R7.5 R5 Additional
Standards
lot width
(ft.)
(corner)
Minimum
yards
Front (ft.) 20 20 20 20 15 15 (A), (B)
Side/street
side (ft.)
15 15 12′6″ 10 6 10% of lot
width, min.
3′, max. 5′
(C), (D),
(I)
Rear (ft.) 25 25 10 10 10 10
Maximum
height of
structure
(ft.)
30 30 30 30 30 30 (E)
Maximum
lot
coverage
20% 25% 30% 40% 40% 40%
Maximum
upper story
floor size
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
(E), (F),
(G)
Private
yard area
NR NR NR NR NR NR
Parking * * * * * * * Based
on use.
See 14.18
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 11 of 14
R2a R1a R20 R10 R7.5 R5 Additional
Standards
.040., (I)
(I) See Section 14.16.282.C. for property development standard applicable to Two-Unit
Developments.
(J) Parcels created through Chapter 15.155 (Urban Lot Splits) are exempt from these standards.
Section 14.12.030 – Property development standards (-H) is amended as follows:
Development standards shall be those of the underlying zoning district with which a
hillside development overlay district is combined, provided that the following shall be
in addition and shall govern where conflicts arise, except for subsection G, Lot
Standards, where the lot size standard of the underlying zoning district applies when
more restrictive than the subdivision ordinance. Subsections B, F, G, and I shall not
apply to Two-Unit Developments (regulated by section 14.15.282) or Urban Lot Splits
(regulated by Chapter 15.155 – Urban Lot Splits).
Section 14.12.040 – Exceptions to property development standards is amended as
follows:
City Council Exception Required. Exceptions to the property development standards of
this chapter may be approved by the city council, upon the recommendation of the
design review board and the planning commission, when the applicant has
demonstrated that alternative design concepts carry out the objectives of this chapter
and are consistent with the general plan based on the following criteria:
A. The project design alternative meets the stated objectives of the hillside design
guidelines to preserve the inherent characteristics of hillside sites, display
sensitivity to the natural hillside setting and compatibility with nearby hillside
neighborhoods, and maintain a strong relationship to the natural setting; and
B. Alternative design solutions which minimize grading, retain more of the project
site in its natural state, minimize visual impacts, protect significant trees, or
protect natural resources result in a demonstrably superior project with greater
sensitivity to the natural setting and compatibility with and sensitivity to nearby
structures.
This section shall not apply to Two-Unit Developments (regulated by section 14.15.282)
or Urban Lot Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Table 14.16.285 in Section 14.15.285 – Accessory dwelling units (ADUs) is
amended as follows:
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 12 of 14
Attached ADU Detached
ADU
Internal
Conversion
ADU
JADU* NOTES
Minimum Floor
Area
150 square
feet
150 square
feet
150 square
feet
150
square
feet
Maximum Floor
Area(1)
1,000 sq. ft. or
50% of the
floor area of an
existing
primary
dwelling unit,
whichever is
less
1,000 square
feet
N/A 500
square
feet
(1) Less than
500 sq. ft. on
parcels that
utilize both
SRMC
Section
14.16.282
and SRMC
Chapter
15.155
Table 14.18.040 – Parking requirements is amended as follows:
Use Classification Off-Street Parking Required Additional
Standards
Residential
See Section
14.16.282.C.2.
for parking
requirements for
Two-Unit
Housing
Developments
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.
Studios (multifamily
unit)
1 covered space per unit.
Studio (duplex unit),
500 sq. ft. or less in
1 space per unit See Section
14.16.282.C.2 for
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 13 of 14
Use Classification Off-Street Parking Required Additional
Standards
size parking
requirements for
Two-Unit
Housing
Developments
Studio (duplex unit),
Greater than 500 sq. ft.
1.5 spaces per unit (including 1 covered space).
1 bedroom unit 1.5 spaces per unit (including 1 covered space).
Two-bedroom units 2 spaces (1 covered)
Three or more
bedroom units
2 spaces per unit (including 1 covered space).
Section 15.07.020 – Lot design standards amended as follows:
15.07.020 – Lot design standards.
Subsections (a)-(d) shall not apply to Two-Unit Developments (regulated by section
14.15.282) or Urban Lot Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Section 15.07.030 – Street, driveway and parking standards is amended as follows:
15.07.030 – Street, driveway and parking standards.
Subsection (c) shall not apply to Two-Unit Developments (regulated by section
14.15.282) or Urban Lot Splits (regulated by Chapter 15.155 – Urban Lot Splits).
Chapter 15.18 – Definitions. The following definition is added to this Chapter:
15.18.375 - Urban Lot Split.
The subdivision of a parcel within a residential single-family zone into no more than
two parcels pursuant to the authority set forth in Section 66411.7 of the Government
Code.
Section 5: Environmental Review.
The City Council finds and determines that enactment of this Ordinance is statutorily
exempt from the provisions of the California Environmental Quality Act ("CEQA"),
pursuant to Government Code Sections 65852.21(j) and 66411.7(n), as this action is to
adopt an ordinance to implement the requirements of Sections 65852.21 and 66411.7 of
the Government Code.
Section 5: Effective Date.
ATTACHMENT A of EXHIBIT 1
ITEM 2, PLANNING COMMISSION May 24, 2022
Page 14 of 14
This Ordinance shall be in full force and effect thirty (30) days from its passage and
adoption.
Section 6: Severability.
The City Council hereby declares every section, paragraph, sentence, cause, and
phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or
phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining sections, paragraphs, sentences, clauses, or phrases.
Section 7: Certification.
The City Clerk shall cause this ordinance to be posted and/or published in the manner
required by law.
This Ordinance was introduced at the meeting of the City Council on the ___ day of
_______ 2022, and was adopted at a regular meeting of the City Council of the City of
San Rafael on the ___ day of _______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
Kate Colin, Mayor
Attest: ___________________________
Lindsay Lara, City Clerk
Community Development Department – Planning Division
Meeting Date: May 24, 2022
Agenda Item:
3
Case Numbers:
P22-06
Project Planner:
Leslie Mendez (415) 485-3095
REPORT TO PLANNING COMMISSION
SUBJECT: Amend the Planning Commission “Rules and Procedures,” and conduct selection of
liaisons to DRB meetings for second half of the year.
EXECUTIVE SUMMARY
On April 18, 2022, the City Council approved a One-Year Pilot Program for streamlined design review for
certain residential projects. The program, which takes effect on June 2, 2022, requires revisions to the
Planning Commission’s “Rules and Procedures,” which were last amended by the Commission at the
January 2022 annual meeting. In addition, Planning Commission must select liaisons to the Design
Review Board meetings for the second half of 2022 (July through December 2022).
RECOMMENDATION
It is recommended that the Planning Commission take the following actions:
a) Consider and accept the proposed changes to the Planning Commission “Rules and
Procedures;” and
b) Select Planning Commission liaisons to the DRB for the second half of calendar year 2022.
BACKGROUND AND ANALYSIS
Consideration of Revisions to Planning Commission “Rules and Procedures”:
On April 18, 2022 the City Council approved a one-year pilot program for streamlined design review of
certain residential projects. Projects eligible for streamlined review at the Planning Commission (PC) are
residential projects requiring Major Environmental Design Review (SRMC §14.25.040.A) and include
either:
1) New construction of up to ten residential units; or
2) Additions to existing multi-family residential property with three to ten existing units of no more
than 40% of building area and no more than three additional units.
These projects will be reviewed concurrently by two appointed Design Review Board (DRB) members
and the PC during the public hearing on the project. The Board members, selected from the sitting DRB,
will be able to ask questions and will have an opportunity to comment and provide recommendation to
the Planning Commission during the public hearing on the project. The appointed DRB members may
recommend, and the Planning Commission could refer a project to the full DRB (if a project is
controversial, for example).
Staff has revised the PC Rules and Procedures to reflect the changes required by the approved Pilot
Project (see Exhibit 1). Revisions are presented (starting on page 6) in strikeout for deleted text and
underline for added text. The Planning Commission is asked to review and adopt the amendments.
Selection of Commissioners for Design Review Board Liaison:
Planning Commissioners are expected to serve as liaison to the Design Review Board. Each
commissioner (with the exception of the Chair) is requested to serve as liaison for two months, which
REPORT TO PLANNING COMMISSION Page 2
involves attendance at up to four, regular DRB meetings during the two selected months of service. The
liaison is also expected to report back to the Planning Commission at large during the following meeting,
during the Commission Communication time on the agenda. During this year’s annual meeting on
January 11, 2022, DRB liaisons were only selected for the first half of the year due to the vacancy in the
Commission. Now that the PC is fully appointed, staff is requesting that, with the exception of the Chair,
who is exempt, and Commissioner Mercado, who has already served as liaison for two months this year;
that the remaining Commissioners volunteer for one month for the second half of the year, with new
Commissioner Shalk volunteering for two months. See Table 1 below for a schedule of this year’s DRB
meetings and volunteer assignments for the first half of the year.
Table 1. DRB Meeting Dates in 2022 and Liaison Assignments
Months Commission
Liaison DRB Months PC Commission
Liaison
Tuesday, January 4, 2022
Aldo Mercado
July 6 (Wednesday) January 19 (Wednesday) Tuesday, July 19, 2022
Tuesday, February 8, 2022
Shingai Samudzi
Tuesday, August 2, 2022
February 23 (Wednesday) Tuesday, August 16, 2022
Tuesday, March 8, 2022
Jon Haveman
September 7 (Wednesday)
Tuesday, March 22, 2022 Tuesday, September 20, 2022
Tuesday, April 5, 2022
Aldo Mercado
October 4 (cancelled)
Tuesday, April 19, 2022 Tuesday, October 18, 2022
Tuesday, May 3, 2022
Camille Harris
Tuesday, November 8, 2022
Tuesday, May 17, 2022 Tuesday, November 22, 2022
Tuesday, June 7, 2022
Samina Saude
Thursday, December 8, 2022
Tuesday, June 21, 2022 Tuesday, December 20, 2022
OPTIONS
Regarding the “Rules and Procedures,” the Planning Commission has the following options:
1. Approve the recommended amendments to the “Rules and Procedures” to reflect the streamlined
design review pilot program as adopted by City Council;
2. Identify additional areas for further study and direct staff to return with recommended revisions to
the “Rules and Procedures” for action at a future meeting.
EXHIBITS
1. Planning Commission draft “Rules and Procedures” with strike changes to reflect revisions, dated
May 24, 2022
Exhibit 1
Page 1 of 9
Exhibit 1
PLANNING COMMISSION RULES AND PROCEDURES
CITY OF SAN RAFAEL
Proposed May 24, 2024
I. Organization and Officers
A. Organization
1. The Planning Commission shall consist of seven regular members
appointed by the Mayor with the approval of the City Council and shall be
organized and exercise such powers as prescribed by the City Charter
and by the San Rafael Municipal Code (City Code).
2. The term of the Commission members is four years with a staggered
expiration schedule.
3. Vacancies on the Commission for other than expiration will be filled by
appointment for the un-expired portion of the term.
4. If any Commissioner should have three consecutive, unexplained
absences from regular meetings of the Planning Commission as shown in
the roll call of the official minutes, the Chair may recommend to the City
Council that the seat be relinquished.
5. If any Commissioner wishes to request a leave of absence for three to six
consecutive meetings, the request shall be made to and approved by the
Chair. A request for a leave of absence for more than six consecutive
meetings shall be made to and approved by the City Council.
B. Officers
1. Selection
a. A Chair and Vice-Chair shall be elected from among the Commission's
membership at the Annual Meeting held the first meeting of the
calendar year, to serve for a one-year period. It is intended that the
Chair and Vice-Chair be rotated among the Commissioners based on
tenure, as defined by total years of service. In the event the years of
service are identical, tenure will be determined in alphabetical order. It
is the general rule that a Commissioner shall not serve as Chair more
than once in seven consecutive years. However, in the event that: 1) a
position is vacated; 2) a Commissioner is not interested in serving as
an officer; or 3) there is limited tenure among the other
Commissioners, then a Commissioner can be appointed as an officer
more than once in seven years.
Exhibit 1
Page 2 of 9
b. The Vice-Chair shall serve as Chair in the following year.
c. The Chair and Vice-Chair may not succeed themselves. However, in
the event that the current Chair or Vice-Chair has served less than a
year, the Commission may choose to re-elect her/him for an additional
term.
d. The Vice-Chair shall succeed the Chair if he/she vacates the office and
shall serve the un-expired term of the Chair. The Commission shall
elect a new Vice-Chair to serve the un-expired term of that office.
Selection shall be based on seniority.
e. In the absence of the Chair and Vice-Chair, the member of the
Commission with the longest tenure, as defined by total years of
service, shall preside over the meeting. In the event that the years of
service are identical, seniority will be determined by alphabetical order.
2. Responsibilities
The responsibilities and powers of the officers of the Planning
Commission shall be as follows:
a. Chair
- Preside at all meetings of the Commission.
- Call special meetings of the Commission in accordance with legal
requirements and the Rules of Procedure.
- Sign documents of the Commission.
- See that all actions of the Commission are properly taken.
- Assist staff in determining agenda items.
- The Chair shall be an ex officio member of all committees with voice
but not vote.
b. Vice-Chair
During the absence, disability or disqualification of the Chair, the Vice-
Chair shall exercise or perform all the duties and be subject to all the
responsibilities of the Chair.
C. Duties and Powers
1. The Planning Commission shall have the power to recommend to the City
Council, after conducting a public hearing, the adoption, the amendment
or the repeal of a General Plan, a Neighborhood or Specific Plan, the
Zoning Ordinance of the City Code, or a site-specific master plan for a
Planned Development (PD) District, or any part thereof, for the physical
development of the City.
2. The Planning Commission shall exercise such functions with respect to
environmental review, land subdivisions, land use and planning, design
Exhibit 1
Page 3 of 9
review, and zoning, as may be prescribed by City Code, City resolution,
and State law.
3. The Commission shall advise the City Council on those matters falling
within its charged responsibilities in a manner reflecting concern for the
overall development and environment of the City as a setting for human
activities.
D. Rules of Order
Except as otherwise provided in these Rules of Procedure, "Roberts Rules of
Order, Newly Revised" shall be used as a guide to the conduct of the
meetings of the Planning Commission, provided, however, that a failure of the
Commission to conform to said rules of order shall not, in any instance, be
deemed to invalidate the action taken.
II. Meetings
A. Public Meetings
All meetings shall be held in full compliance with the provisions of state law,
ordinances of the City and these Rules of Procedure.
B. Regular Meetings
1. Regular meetings shall be held on the second and fourth Tuesdays
following the first Monday in each month, at 7:00 p.m. in the Council
Chambers of the City Hall, unless otherwise determined by the
Commission. All regular meetings must be held in the following manner:
a. within the city limits of San Rafael.
b. using a remote virtual meeting format
2. Whenever a regular meeting falls on a public holiday, no regular meeting
shall be held on that day. Such regular meeting may be rescheduled to
another business day or canceled by motion adopted by the Planning
Commission. All meetings must be held within the city limits of San Rafael.
3. A meeting of the Commission may be canceled by the Chair for lack of a
quorum, no pending business, or any other valid reason. Such
cancellation may be made at any time prior to the scheduled meeting. All
efforts shall be made by the Community Development Department staff to
notify those involved at the earliest possible time. Prior to the scheduled
meeting, the Community Development staff shall post a cancellation
notice on the City of San Rafael public hearing board, the City website and
at the prescribed location of the meeting.
Exhibit 1
Page 4 of 9
C. Adjourned Meetings
In the event it is the wish of the Planning Commission to adjourn its meeting
to a certain hour on another day, a specified date, time, and place must be
set by a majority vote of the Commissioners present, prior to the regular
motion to adjourn.
D. Special Meetings
Special meetings of the Planning Commission may be held at any time upon
the call of the Chair or by a majority of the voting members of the Commission
or upon request of the City Council following at least 24 hours’ notice to each
member of the Commission and to the press. The time and place of the
special meeting shall be determined by the convening authority. At least 24
hours prior to the scheduled special meeting, the Community Development
staff shall post a notice of the meeting on the City of San Rafael public
hearing board, the City website and at the prescribed location of the meeting.
E. Annual Meeting
The Annual Meeting of the Planning Commission will be held at the first
meeting of the calendar year. The meeting will be devoted to the election of a
Chair and Vice-Chair for the ensuing year and any other business scheduled
by the Commission.
F. Study Sessions/Workshops/Informational Presentations
1. The Commission may be convened in the same manner as prescribed for
the calling of a special meeting for the purpose of holding a study session,
or for presentations of informational items, provided that no official action
shall be taken.
2. Such meetings shall be open to the public.
G. Notification
Public Hearings and Discussion Items - Notice of the time, place/ items to be
considered and action pending shall be given in accordance with the
requirements of the City Code and State Law.
H. Agenda
1. An agenda for each meeting of the Commission shall be prepared by the
Community Development Director or staff in consultation with the Chair.
2. A staff report shall be prepared for each item and-distributed to the
Planning Commission and made available to the public a minimum of 72
hours prior to a regular meeting.
3. A copy of the agenda shall be posted in City Hall 72 hours before a
regular meeting.
Exhibit 1
Page 5 of 9
4. Items not appearing on the agenda cannot be acted upon or discussed by
the Commission. However, the Commission may take action under the
following circumstances:
a. If the Commission finds, by majority vote, that an emergency situation
must be addressed. An "emergency situation” is limited to work
stoppages and crippling disasters;
b. If by a two-thirds vote (or a unanimous vote if two-thirds of the
members are not present), there is a need to take immediate action
and the need for action came to the attention of the Commission and
staff after the agenda was posted.
Prior to discussing such items, the Commission shall publicly identify the
item and shall provide the public an opportunity to provide comment on
the item.
5. Members of the public may address the Commission on any agenda item,
and may, at the beginning of the meeting, address the Commission on any
issue that is not listed on the agenda, provided that the issue is within the
jurisdiction and powers of the Planning Commission.
I. Order of Meetings
1. The Order of business shall be as follows:
a. The Chair shall take the chair at the hour appointed for the meeting
and shall immediately call the meeting to order.
b. The Chair shall lead a pledge of allegiance, for in person meeting; the
pledge of allegiance will not occur for virtual meetings.
c. Members present and absent shall be recorded by roll call.
d. The order of the agenda shall be approved as submitted or revised by
a majority vote of the Commissioners present.
e. The public shall be advised of the procedures to be followed in the
meeting including the protocol and time frames for public comment.
For virtual meetings, the public will be advised of the different ways to
participate. Any member of the audience may comment on any matter
which is not listed on the agenda.
g. The minutes of any preceding meeting shall be submitted for review
and approval by a majority vote of the Commissioners present at that
preceding meeting.
h. The Commission shall then hear and act upon those proposals
scheduled for consideration or public hearing.
i. Director's Report.
j. Commission Communications.
k. Adjournment.
2. Presentation or Hearing of Proposals
Exhibit 1
Page 6 of 9
The following shall be the order of procedure for hearings/discussion items
concerning planning and zoning matters:
a. The Chair shall announce the subject of the public hearing/discussion
item, as noticed.
b. If a request is made for continuance, a motion may be made and voted
upon to continue the public hearing to a definite time and date (noticing
not required) or a time and date to be determined (re-noticing
required).
c. Order of Speaking.
The order of speaking shall be as follows:
1. The Chair shall call for commissioners to make ex parte disclosures
and potential conflict of interest disclosures with respect to the
proposed project.
2. Staff provides a report on the project and summarizes its
compliance with San Rafael's General Plan, compliance with State
laws and the City Code, the status of environmental review, and the
staff recommendation for action(s) by the Commission and Design
Review Board Representatives (if applicable).
3. The public hearing is opened.
4. The applicant makes a presentation to the Commission.
5. The public speaks to the Commission and Design Review Board
Representatives (if applicable).
6. The Commission and Design Review Board Representatives (if
applicable) may ask questions or obtain facts or clarification from
staff, the applicant, or the public after each segment of the agenda.
7. The public hearing is closed.
8. If applicable, the Design Review Board Representatives shall make
recommendations to the Planning Commission.
9. The matter is returned to the Commission for discussion and action.
d. Rules of Testimony
The rules of testimony shall be as follows:
1. Upon opening the public hearing, the Chair shall invite the public to
speak by inviting each speaker (one-at-a-time) to approach the
podium. For virtual meetings, the chair will ask staff to advise the
public on the different options for participating. On large or
controversial projects where many people wish to provide public
testimony, the Chair may request that speaker cards be filled-out
and submitted.
2. Persons presenting testimony to the Commission are requested to
identify themselves by name and place of residence.
Exhibit 1
Page 7 of 9
3. Persons presenting testimony to the Commission shall be limited to
three (3) minutes for their presentation. This time limit may be
limited or extended at the Chair’s discretion.
4. If there are numerous people in the audience who wish to
participate on the issue and it is known that all represent the same
opinion, a spokesperson should be selected to speak for the entire
group. At the Chair’s discretion, the spokesperson may be granted
additional time beyond the three (3) minute limit for his or her
presentation.
5. To avoid unnecessary repetitive evidence, the Chair may limit the
number of speakers or the time on a particular issue.
6. Irrelevant, defamatory, or disruptive comments will be ruled out of
order.
7. No person shall address the Commission without first securing the
permission of the Chair.
8. All comments shall be addressed to the Commission. All questions
shall be made or directed through the Chair.
e. Applicant Presentations
Applicant presentations shall comply with the guidelines developed by
the Planning Commission. Applicants shall be limited to a maximum of
ten (10) minutes for their presentation, inclusive of all members of the
applicant’s team (if applicable). An extension of this time limit may be
granted at the Chair’s discretion.
f. Design Review Board Representatives (if applicable)
The Design Review Board Representatives shall provide a
recommendation to the Planning Commission including any
recommended conditions of approval.
J. Motions
1. A motion to adjourn shall always be in order except during roll call.
2. The Chair of the Commission, or other presiding officer, may make and
second motions and debate from the Chair subject only to such
limitations of debate as are imposed on all members of the
Commission.
K. Voting
1. Voting Requirements
a. A quorum shall consist of four members.
b. The affirmative vote of a majority of the quorum present is
necessary for the Commission to take action on all matters other
than those listed under Section c below.
c. Certain votes of the Commission require a majority vote of the
entire Commission (4 votes) to carry. These are:
Exhibit 1
Page 8 of 9
Adoption or amendment of a General Plan or any part thereof.
Adoption or amendment to any Neighborhood or Specific Plan
or any part thereof.
Adoption or amendment to the Zoning Ordinance of the City
Code or amendment thereto.
Adoption or amendment to a site-specific master plan for a
Planned Development (PD) District.
Other actions as required under federal or state law. (These will
be dealt with as they arise.)
d. When a member of the Commission abstains from voting on any
matter before it because of a potential conflict of interest, because
the Commissioner does not believe he/she can be objective, or
because the Commissioner was absent at any previous hearing on
an item, said vote shall not constitute nor be considered as either a
vote in favor of or opposition to the matter being considered.
Abstentions shall not be allowed for any other reason.
e. A tie vote shall be recorded as a failure of action to pass. A tie vote
on a motion defeats the motion.
2. Roll Call Vote
Any Commissioner, the applicant or an appellant can request a roll call
vote.
For virtual meetings a roll call vote shall be required.
3. Recording of Votes
The minutes of the Commission's proceedings shall show the vote of
each member, including whether they were absent, abstained from
voting, or failed to vote on a matter considered.
4. Disqualification from Voting
A member shall disqualify himself/herself from voting in accordance
with the State Political Reform Act and other applicable state law.
When a member is disqualified, he/she shall state, prior to the
considerations of such matter by the Commission that the member is
disqualifying himself/herself due to a possible conflict of interest and
shall then leave the voting area.
III. Review and Amendments Procedure
A. These Rules of Procedure shall be reviewed at the Annual Meeting of each
year. On an ad hoc basis, the chair may appoint a subcommittee to review
these rules prior to the meeting. The review subcommittee shall present their
recommendations for amending or not amending these rules. Minor changes
may be brought forward by staff for the Commission's consideration.
Exhibit 1
Page 9 of 9
B. In addition, these Rules of Procedure may be amended at any meeting of the
Planning Commission by a majority of the membership of the Commission
provided that notice of the proposed amendment is received by each
Commissioner not less than 5 days prior to said meeting.
(Approved May 9, 2000. Revised February 26, 2002, December 14, 2004, May 29, 2007, January 27, 2009, January
9, 2018, February 11, 2020, January 12, 2021, and May 24, 2022)