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HomeMy WebLinkAboutCD Animals; Amend MC Title 6 & 14CITY OF Agenda Item No: 5, a Meeting Date: June 2, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Cpmmunity Development Prepared by: `Paul A. Jensen, Director [KT] �a_City Manager Approval: SUBJECT: San Rafael Municipal Code Amendments Title 6 (Animals) and 14 (Zoning Ordinance) Amendments to the Zoning Regulations and Animals requirements (text -only edits), applying City-wide, and adoption of a recommended parking lot tree species list. Case Number: Z010-001. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. Pass Ordinance to Print amending San Rafael Municipal Code Title 6 (Animals) and Title 14 (Zoning) (aka, Phase II) as outlined in Attachment 1; 2. Direct the City Clerk to schedule the ordinance for adoption at the next regular City Council meeting; and 1 Adopt a Resolution establishing recommended parking lot tree species (Attachment 2) BACKGROUND: Zoning Code Organization The Community Development Department, Planning Division is responsible for conducting a periodic review of the San Rafael Municipal Code (SRMC) Title 14 (Zoning), and consider whether a comprehensive review or updates are necessary in order to respond to changes in state and federal regulations, local policies, or updates to the City of San Rafael General Plan. The Zoning Ordinance is organized into the following Divisions and Chapters: ❖ Division I. General Provisions: This division includes Chapter 14.01 Title, Components and Purpose; Chapter 14.02 Organization, Applicability and Interpretation; and, Chapter 14.03 Definitions. Division 11. Base District Regulations: This division includes Chapters 14.04 through 14.11 Land Use Tables and Development Standards for all City zoning districts (i.e., Residential; Commercial and Office; Industrial; Planned Development; Marine; Public/Quasi-Public; Parks/Open Space, and; Water). ❖ Division 111. Overlay District Regulations: This division includes Chapter 14.12 Hillside Development Overlay District (-H); Chapter 14.13 Wetland Overlay District (-WO); Chapter 14.14 Eichler and Alliance Homes Overlay District (-EIA),: and, Chapter 14.15 Canalfront Review Overlay District (-C). FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: t7'r e _ J SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Division IV. Regulations Applying in All or Several Districts: This division includes Chapter 14.16 Site and Use Regulations; Chapter 14.17 Performance Standards; Chapter 14.18 Parking Standards; and, Chapter 14.19 Signs. Division V. Administrative Regulations: This division includes Chapters 14.20 through 14.30 Zoning Administrator Authority, Administrative Permits, Use Permits, Variances, Exceptions, Environmental and Design Review Permits, Request for Reasonable Accommodation, Amendments, Appeals, Public Notice and Enforcement. Prior Zoning Code Amendments (Phase I) The Zoning Ordinance underwent a comprehensive review and update in 2004, following the adoption of General Plan 2020. The zoning code had undergone a more comprehensive update in 1991, following adoption of General Plan 2000. This current amendment is not a comprehensive update, but consists of selective revisions addressing amendments made to the General Plan 2020 policies, changes in state requirements, and various staff initiated changes. It follows a recent set of zoning code text amendments adopted in 2010. In the near future, staff also expects to bring forward a set of minor corrections to the City adopted zoning map, as a separate action, to adjust zoning to match parcel boundaries and correct minor inconsistencies found between General Plan designations and zoning districts. These corrections to the zoning map are not related or affected by any of the current amendments or implemented in 2010. In 2009, Planning Division staff initiated a set of amendments to the zoning code as a general `clean-up' effort, as well as to downgrade certain types of discretionary review, broaden and improve interpretations, and reduce the discretionary permit process for new and existing businesses in response to the economic recession. The City Council adopted this group of amendments on June 21, 2010, by Ordinance No. 1882 (File Z009-001). Staff also had noted that additional amendments were being considered, that might require more detailed review and discussion by the Design Review Board, Planning Commission and City Council (e.g., Phase II Amendments). Items that were identified for further consideration as part of Phase II included an evaluation of design review requirements for upper story residential additions and consideration of revisions to the —H (Hillside Overlay) District regulations. Work on the Phase II amendments was re-initiated by Planning Division staff in June 2012, to address the following goals: • Implement state laws including housing requirements for providing emergency shelters for the homeless, cottage food industry (for food related home occupations); • Address sustainability with new solar energy, wind energy, electric vehicle charging stations and parking lot landscaping regulations; • Further streamline discretionary review processes and reduce permit review (downgrade permits); • General code updates for accessory structures, animal keeping, hillside and wetland overlay districts, design review requirements, zoning code definitions and various minor revisions to regulations. Proposed Municipal Code Amendments, Parking Lot Tree Species List, and Phase I WEV Parking Code Amendment Status Report The final draft Phase II amendments (File Z010-001), reflected in Attachment 1 (pages 7-102 of this report), are summarized as follows: Chapter 6.04. Animal keeping permit requirements are proposed to be revised to be consistent with the Zoning Code Chapter 14.17 Animal Keeping Regulations. Chapter 14.03. Definitions are proposed to be revised to improve the existing list of definitions, to coincide with other code changes, and to provide definitions for undefined terms. In particular. Height Definition has been updated to codify the current method of measurement, which follows the 1997 Uniform Building Code (UBC). Chapters 14.04 through 14.11. Include minor revisions to the land use tables and development standards of several districts to be consistent with concurrent revisions proposed in the code, i.e.. to add or modify land uses. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Chapter 14.12. Hillside Overlay District standards are proposed to be revised to codify past practices and clarify review requirements, consistent with the City Hillside Design Guidelines Manual, as adopted in 1991. In particular, staff has codified as a requirement that alternate vehicle parking and maneuvering requirements and steep driveway conditions on hillside lots shall be subject to review and approval of an exception to hillside design standards. Y Chapter 14.13. Wetland Overlay District regulations are proposed to be revised to be consistent with 2012 amendments made to the General Plan 2020 Conservation Element, regarding wetland conservation. The entire chapter has also undergone a general revision to the text, primarily consisting of editorial revisions. Chapter 14.16. Proposes changes primarily to: i) implement revisions made to the General Plan 2020 Housing Element, in response to state law (SB2) requiring the City to permit Emergency Shelters within the City; ii) revise accessory structure and fence requirements, iii) adopt standards to address sustainability; iv) add Solar and Small wind energy systems standards; and, v) revise review procedures for Wireless Telecommunications antenna facilities in response to amendments and rulings on the federal Telecommunications Act of 1996 and the Middle Class Tax Relief Act of 2012, etc. Chapter 14.17. Performance standards sections changes primarily addressing bee keeping*, outdoor storage and temporary uses. (*Note: the Phase 11 project does not include adoption of new application fees (i.e., the Fee Schedule prepared and updated by the City Finance Division). A new application fee might be considered desirable for the review of animal keeping permits, which is currently administered through the administrative use permit process. Furthermore, staff has not proposed any changes to Large Family Daycare uses as part of this effort, which will be addressed as an independent code amendment). r Chapter 14.18. Parking lot screening and landscaping standards have been revised in in response to state laws requiring the City to respond to global climate change, and implementing policies of the new General Plan 2020 Sustainability Element. A list of recommended parking lot tree species has also been prepared, and recommended for adoption by separate resolution. r Chapter 14.19. Sign standards are amended to allow temporary window signage during construction, renovation of vacancy of retail storefronts. ➢ Chapter 14.25. Environmental and Design Review revisions are proposed primarily to exempt upper story residential additions of 500 square feet and smaller from design review. In addition, as noted in the Chapter 14.18 revisions summary above, a list of recommended tree species has been developed for parking lots as a companion to proposed changes to landscaping requirements; which are intended to help reduce solar heat gain in parking lots. Lastly, the Council had requested an update on the effect of Phase I amendments to parking standards adopted for the WEV area. A memorandum has been provided addressing this topic, as noted in the Project Description and Analysis section of this report. Public Outreach As part of this effort, staff referred copies of the proposed amendments to several neighborhood and interest groups for preliminary review and comment, including the Federation/North San Rafael Coalition, Sustainable San Rafael, the Climate Change Action Committee, Marin Conservation League and Chamber of Commerce. A summary of the discussion and outcomes of these meetings can be found in the February 25, 2014 Planning Commission staff report (Attachment 4c, pages 137-138 of this report). Design Review Board Review On September 17, 2013, October 8, 2103, November 5, 2013 and December 3, 2013 staff presented the draft Phase II amendments (including the draft parking lot tree species list) to the San Rafael Design Review Board, which accepted public input and provided direction on further revisions. The Board had recommended the following further changes: Chapter 14.03. Adoption of a new Height definition that would be more uniform, consistent with the hillside method of measurement, and replace the current method following the 1997 Uniform Building Code. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Palle: 4 Chapter 14.16. Allow retaining walls of up to four feet (4') tall within required yard setbacks. Chapter 14.25. Downgrade review of upper story residential additions of 500 square feet and smaller to Administrative level, as opposed to exempting these additions from review. Planning Commission Review On February 25, 2014, the Planning Commission received a report and presentation on the Phase II draft amendments, including the recommended parking lot tree species list. The Commission continued the hearing to March 11 directing staff to make further changes and provide additional information. On April 15, the Commission reviewed a final draft and voted 5-0 (members Wise and Lubamersky absent) to recommend approval of the amendments with the following additional changes: r Chapter 14.03. Retain a revised UBC method of height measurement, with further refinements recommended by the Planning Commission to improve the clarity of the definition and exhibits. Chapter 14.16 — Fences and Walls. Allow solid fences in exterior front and side yards up to four feet (4') in height (an increase from the current 3' limitation), to be in keeping with the recommended four foot (4') retaining wall height. y Chapter 14.16 — Wind energy systems. Establish a minimum 12' clearance required from grade to the tip of a wind turbine blade at its lowest point. y Chapter 14.25. Exempt upper story residential additions of 500 square feet and smaller from design review. The PC resolution 14-04 is attached (Attachment 3, pages 106-108 of this report). All revisions recommended by the Planning Commission have been incorporated into the draft Ordinance and Resolution before the City Council. The Board and Planning Commission meetings can be viewed at http://www.cityofsanrafael.org/meetings by selecting the desired meeting date. PROJECT DESCRIPTION: Municipal Code Amendments & Adoption of Parking Lot Tree Species The project consists of selective amendments to San Rafael Municipal Code Chapter 14 (Zoning) and Chapter 6 (Animals), with changes suggested by the Design Review Board (Board) and recommended by the Planning Commission, reflected in the attached draft Resolution (Attachment 1). This includes amendment to the following specific sections of San Rafael Municipal Code Title 6 and Title 14: ✓ Chapter 6.04 (Animal keeping permit requirements) ✓ Chapter 14.03 (Zoning definitions) ✓ Chapters 14.04 thru 14.11 (Land Use tables and, development standards) ✓ Chapter 14.12 (Hillside overlay standards) ✓ Chapter 14.13 (Wetland overlay district) ✓ Chapter 14.16 (Site and use regulations) ✓ Chapter 14.17 (Performance standards) ✓ Chapter 14.18 (Parking lot landscaping) ✓ Chapter 14.19 (Temporary construction signs) ✓ Chapter 14.25 (Environmental and design review. upper story residential additions) A list of recommended parking lot tree species has also been developed, as a companion to the Parking lot landscaping amendments to Chapter 14.18. This has been recommended by adoption of a separate resolution (Attachment 2. pages 103-105 of this report). Discussion of the changes has been summarized in the Background section of this report, and discussed in detail in the attached Planning Commission staff reports (Attachment 4. see page #'s 109 through 152 of this report). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Report on Prior Amendments to WEV Parking The City Council had asked staff to report back on the effect of the prior 2010 amendment to the West End Village (WEV) downtown parking standards. The discussion of this item can be found in the WEV Parking Memorandum attached (Attachment 4.c, pages 146-152 of this report). ANALYSIS: As noted in the Background section, the Phase II revisions (Attachment 1 — Exhibit A) are not intended to provide a comprehensive or significant update to the City zoning regulations. Rather, these revisions are intended to address new topic areas in response to state law and updates made to the General 2020, and improve existing code provisions. These edits have been prepared with input from other City departments, neighborhood interest groups, the Design Review Board and Planning Commission, and reflect the final recommendation made by the Planning Commission on April 15, 2014 addressing the draft municipal code amendments and the recommended tree species list. Attachment 4 (Planning Commission staff reports) provides detailed discussion and analysis of the recommendations made by the Planning Commission and others. Specifically, the February 25, 2014 Planning Commission staff report summarizes the project consistency with the General Plan 2020 policies, and internal consistency with other municipal code zoning regulations. Staff has concluded that the final draft implements the primary goals established for this work effort, as noted in the Background section of this report. These amendments should improve implementation of zoning and land use regulations, and implement the City of San Rafael General Plan 2020 goals and polices. Lastly, staff notes that following the Planning Commission recommendation of the draft amendments, the state Department of Housing and Community Development (HCD) made further changes to the definitions required to implement SB2, Transitional and Supportive Housing requirements. These changes are minor in their effect, and do not materially alter the draft definition that was reviewed and recommended by the Planning Commission. Primarily, it consists of deleting a reference to the Health and Safety code that has been replaced with revised Government Code section with regard to housing element law and the transitional and supportive housing zoning requirements. A memorandum from the HCD is attached (Attachment 5, pages 153-154 of this report). The draft Chapter 14.03 Definitions recommended in Attachment 1 have been updated to reflect the change in state regulations. ENVIRONMENTAL REVIEW: The draft amendments to the San Rafael Municipal Code would codify existing long-standing interpretations made based on existing guidelines or policies, implement state and federal laws, and implement new policies adopted as part of the City General Plan 2020. The proposed ordinance amendments would not result in any direct or indirect physical, environmental impact. Therefore, the Community Development Department, Planning Division has determined that this project is covered by the California Environmental Quality Act (CEQA) general rule, which establishes that CEQA applies only to projects which have the potential for causing a significant effect on the environment, pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to environmental review. NOTICING AND CORRESPONDENCE Mailing of notices to any individual property owners, nor any interested public agencies has not been required given that the project consists only of edits to the zoning code text and would not affect the adopted zoning map, nor alter land uses or zoning standards that could have an impact policies or services provided by any other agency. No public posting has been required as the text amendments are City-wide, and do not involve rezoning of any specific site. However, a letter has been mailed directly to all of the property owners within the geographic area depicted on Map 14.16.115. which designates where Emergency Shelters may be permitted by right. A notice of the proposed text edits has also been published in the Marin Independent Journal at least 15 days prior to all public hearings held on this matter, including this City Council hearing. A copy of the public hearing notice is attached (Attachment 6, page 155 of this report). SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pal4e: 6 The West End Neighborhood Association representative participated in Board and Commission hearings and provided comment on the draft amendments. Copies of prior correspondence have not been forwarded to the City Council, as the comments were considered by the Planning Commission. The WENA representative may provide additional comments on this final draft. The discussion and public comments provided on the project at the Board meetings and Commission hearings can be viewed on the City website at: http://www.cityofsanrafael.org/meetings/ FISCAL IMPACT: Staff time preparing the Municipal Code Amendments is covered by the City General Fund as a part of ongoing City operations. OPTIONS: The City Council has the following options available for action on this project: 1. Approve the project (pass Ordinance to print and adopt Resolution) (staff recommended); 2. Continue the matter to future City Council meeting for further review and discussion; or 3. Deny the Ordinance and/or Resolution ACTIONS REQUIRED: Staff recommends that the City Council: 1. Pass the Ordinance to Print, and 2. Adopt the Resolution recommending parking lot tree species ATTACHMENTS: Page Number 1. Draft Ordinance and Exhibit A, amending San Rafael Municipal Code (Z010-01) 7 2. Draft Resolution and Exhibit A, adopting recommended parking lot tree list 103 3. PC Resolution 14-04, adopted April 15, 2014 recommending approval (Z010-01) 106 4. PC Staff Reports a. April 15, 2014 (no Exhibits) 109 b. March 11, 2014, and select Exhibit (Small Wind Energy primer) 111 c. February 25, 2014, and select Exhibits (General Plan 2020, Building 122 Height, & WEV Parking Memorandum) 5. Department of HCD April 24, 2014 Memorandum 153 6. Public Hearing Notice 155 ORDINANCE NO. 1923 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING MUNICIPAL CODE TITLE 14 (ZONING) TO IMPROVE INTERPRETATIONS, AMEND DISCRETIONARY REVIEW REQUIREMENTS, IMPLEMENT NEW STATE LAWS AND GENERAL PLAN POLICIES AND TITLE 6 (ANIMALS) TO REVISE ANIMAL PERMIT REQUIREMENTS, AND AS OTHERWISE RECOMMENDED BY THE CITY COUNCIL (ZC 10-001) WHEREAS, on the 21st day of June 2010, by Ordinance No. 1882, the City Council adopted a collective group of amendments to Title 14 — Zoning as a general `clean-up' of the provisions and to respond to changes in State Law, citywide budget cuts resulting in reductions in Community Development Department staff, and in order to streamline and modify certain types of discretionary permit review, broaden interpretations and promote re -tenancy of commercial vacancies; and WHEREAS, a second phase of amendments were planned and initiated to further update the zoning provisions and discretionary review requirements; and WHEREAS, the amendments to the San Rafael Municipal Code, Title 6 and Title 14 proposed as part of this second phase of amendments would i) implement policies contained in the General Plan, ii) respond to requirements of State Law, iii) downgrade existing levels of discretionary review, iv) add standards to codify existing zoning interpretations, and v) codify standards found in other provisions, policies, and guidelines of the City; and WHEREAS, on February 25, 2014 and March 11, 2014 the Planning Commission held a duly -noticed public hearing and considered the proposed amendments to the San Rafael Municipal Code, Title 14 and Title 6, accepting all public testimony and the written report of the Department of Community Development, and on April 15, 2014 recommended to the City Council approval of amendments with further revisions, as presented and discussed at the meeting; and WHEREAS, on June 2, 2014 the City Council held a duly -noticed public hearing and considered the proposed amendments to the San Rafael Municipal Code, Title 14 and Title 6, accepting all public testimony and the written report of the Department of Community Development; and WHEREAS, the amendments to the San Rafael Municipal Code, Title 6 and Title 14 do not propose any changes to City policies or regulations resulting in an increase in potential development intensity that would result in a direct or indirect physical, environmental impact; therefore it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to environmental review; and 1 WHEREAS, the City Council makes the following findings pursuant to Zoning Code Section 14.27.060 for adoption of the amendments to the San Rafael Municipal Code Title 6, Animals and Title 14, Zoning as outlined in the attachment "Exhibit A": 1. The amendments to San Rafael Municipal Code are consistent with the policies and programs of the San Rafael General Plan 2020 in that: a. As proposed, the amendments would update provisions consistent with the San Rafael General Plan 2020 Sustainability and Conservation Elements and State and Federal Laws regarding local regulation of cottage foods industry, telecommunications and emergency shelters, and in accord with existing City policies, provisions and design guidelines including the hillside design guidelines manual and checklist. This action would be consistent with General Plan Program LU -23a (Zoning Ordinance Amendments), which encourages periodic updates to the Zoning Ordinance in order to maintain a current and internally consistent code. b. As proposed, the amendments would meet the requirements of state law, specifically Section 65589.5 of the state Government Code by providing emergency shelter, transitional housing, and supportive housing in compliance with the Housing Accountability Act, and Section 15401.9 of the Public Resources Code by establishing water conservation requirements for water -efficient landscape design. Further, amendments to the wireless communications facilities provisions would streamline the review process consistent with the requirements of the Federal Telecommunications Act of 1996. These actions would be consistent with General Plan Policy LU -23 (Land Use Map and Categories) and Program LU -23a (Zoning Ordinance Amendments), which directs that the Zoning Ordinance be updated periodically, and as needed, to address changes in state law. c. As proposed, the amendments to the zoning ordinance Title 14 definitions, land use tables and development standards, overlay district standards, regulations applying in several districts, and administrative regulations, and the minor amendments to Title 6 Animals would be consistent with all pertinent and applicable General Plan 2020 policies, including the following: i. Amendments to update transitional and supportive housing needs and implement emergency shelter provisions are consistent with Policy H-13 (Special Needs), H-16 (Residential Care Facilities and Emergency Shelters), Program H -16c (Residential Care Facilities), and H -16d (Emergency Shelters) which directs that the zoning ordinance be updated to provide for and address local housing needs, including emergency shelter housing. 2 ii. Amendments to update the wetland overlay district appropriately implements General Plan Policy CON -3 (Wetland Protection and Mitigation) by establishing updated wetland fill and replacement requirements, including amount, timing and project mitigation requirements. iii. Amendments to provide solar, wind energy and revised alternative fuel vehicle and parking lot landscaping requirements, updated home occupation provisions allowing for cottage food industry, updated animal keeping regulations specifically pertaining to bee keeping, and provisions to allow for e -waste recycling events implements Policies SU -3 (Alternative Fuel and Fuel Efficient Vehicles), SU -4 (Renewable Energy), SU -5 (Reduce Use of Non - Renewable Resources), SU -6 (New and Existing Trees), SU -7 (Local Food Production), and SU -9 (Zero Waste). iv. Amendments to parking lot design standards would promote Policy AW -8 (Reduce Pollution from Urban Runoff), encouraging and supporting landscape design solutions to reduce runoff pollutants. V. Amendments to the code provisions including but not limited to the zoning definitions, land use tables and development standards, site and use regulations, performance standards and administrative regulations are consistent with General Plan Program LU -23a (Zoning Ordinance Amendments), which encourages periodic updates to the Zoning Ordinance in order to maintain a current and internally consistent code and in response to state laws. 2. The public health, safety and general welfare are served by adoption of the proposed Zoning Ordinance amendments, in that they would: a) correct errors and inconsistencies and delete obsolete code provisions; b) incorporate new code provisions to address State regulations; c) implement policies and programs in the San Rafael General Plan 2020 that encourage periodic update to the Zoning Ordinance, ensure consistency with the General Plan; d) promote existing and new businesses by simplifying the planning review process; and e) simplify certain activities subject to an Environmental and Design Review Permit without compromising neighborhood character or public review. Furthermore, the City Council has determined that the proposed amendments as further revised by the City Council would not have impacts greater than those that would result from the amendment in its original form. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Findings. The City Council of the City of San Rafael hereby determines and finds that all of the facts and statements contained in the recitals herein and findings of the Planning Commission Resolution 14-04 recommending to the Council adoption of this ordinance, are true and correct. DIVISION 2. Approval. The City Council of the City of San Rafael hereby adopts the ordinance approving the amendments to San Rafael Municipal Code Title 6 and Title 14 as presented in Exhibit "A" attached hereto and incorporated herein by reference. DIVISION 3. Publication. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. Y Q.1 PHILLIPS, Mayor ATTEST: ESTHER C. BEIRNE, City Clerk The foregoing Ordinance No. 1923 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, the 2nd day of June, 2014, and was ordered passed to print by the following vote, to wit: 4 AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of June, 2014. ESTHER C. BEIRNE, City Clerk EXHIBIT A TITLE 6 — ANIMALS Replace Chapter 6.04 containing revised text as follows: CHAPTER 6.04 — POULTRY, FOWL AND DOMESTIC ANIMALS* Sections: 6.04.010 Permit required. 6.04.050 Premises to be open to inspection. 6.04.060 Sanitary regulations. 6.04.070 Revocation of permit. 6.04.080 Unlawful to sell fowl or rabbits as pets or novelties. 6.04.100 Trespassing animals. * Running at large -- See San Rafael Charter, Art. III, § 31. 6.04.010 Permit required. It is unlawful for any person to keep, harbor, or maintain any poultry, chickens, turkeys, ducks, geese, rabbits, hares, cows, goats, sheep or other domesticated animals except cats and dogs, or to cause, permit or allow the same to be kept or maintained in any premises within the city without first having obtained any required permits and approvals from the city. (Ord. 169). 6.04.050 Premises to be open to inspection. All places and premises where any of the fowl, poultry or animals are kept shall be open at all reasonable times to the inspection of the city health officer, or city official designated by the city manager to enforce applicable animal keeping regulations. (Ord. 169). 6.04.060 Sanitary regulations. Any person keeping animals within the city, consistent with provisions established for animal keeping, shall make all reasonable and lawful sanitary provisions for the keeping of the poultry, fowl or other animals. (Ord. 169). 6.04.070 Revocation of permit. All permits issued by the city for animal keeping shall be revocable whenever, in the opinion of the public health officer or designee of the city manager responsible for enforcement of animal keeping regulations, the sanitation, safety and welfare shall require. (Ord. 169). 6.04.080 Unlawful to sell fowl or rabbits as pets or novelties. It is unlawful for any person to display, sell, offer for sale, barter or give away any baby chicks, rabbits, ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated. This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to be raised for food purposes. (Ord. 475). 6.04.100 Trespassing animals. Any animal found trespassing on any private enclosure in the city may be taken up by any person at interest and delivered to the poundkeeper. Every person taking up any animal under the provisions of this section shall immediately thereafter give notice thereof to the poundkeeper, and every such person and any person in whose custody such animal may, in the meantime, be placed. shall deliver such animal to the poundkeeper without fee or charge. (Ord. 4-5). Ord. 1923 TITLE 14 — ZONING CHAPTER 14.03 - DEFINITIONS Delete the existing definitions in Section 14.03.030 for "Duplex" and "Height": Add the following new definitions in Section 14.03.030: "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Food service establishment" means a business serving food and/or beverages such as a restaurant, cafe, coffee shop, cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service. "Height, hillside" means the height of all structures, fences and walls measured vertically from the existing (e.g., natural) grade to the uppermost point of the roof edge, wall parapet, mansard or other feature above the existing grade at any given point. See illustration below. Hillside Height Measurement H t. Excavated grade Existing grade "Height, non -hillside " means the vertical distance above a reference datum measured to 1) the highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest pitched roof (see Figure 3 for various roof types.) The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior of the building (see Figure ?A). Ord. 1923 A-'- M 711 11% ITEM Add the following new definitions in Section 14.03.030: "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Food service establishment" means a business serving food and/or beverages such as a restaurant, cafe, coffee shop, cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service. "Height, hillside" means the height of all structures, fences and walls measured vertically from the existing (e.g., natural) grade to the uppermost point of the roof edge, wall parapet, mansard or other feature above the existing grade at any given point. See illustration below. Hillside Height Measurement H t. Excavated grade Existing grade "Height, non -hillside " means the vertical distance above a reference datum measured to 1) the highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest pitched roof (see Figure 3 for various roof types.) The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior of the building (see Figure ?A). Ord. 1923 A-'- 2. An elevation 10 feet higher than the lowest grade when the highest adjoining sidewalk or ground surface described in Item 1 above is more than 10 feet above lowest grade (see Figure 2B). The height of a stepped or terraced building may be determined based on the existing grade condition at each distinctive building segment, as determined by the community development director. Figure 1 Determination of reference d6ltum Figure 2 Building height by Building Code provisions Ord. 1923 A-3 f� ..� { Height He igh of Bui;ding of Building � � l r� Oatum_. t I tVmow., Figure 2A '? ` Ord. 1923 A-3 ..� Figure 2B Ord. 1923 A-3 Figure 3 Building height for various roof types UBC ( j Gabie "Residential, duplex" means one structure on a single lot containing two (2) dwelling units, each of which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household for "transitional housing" and "supportive housing" as defined under the State Health and Safety Code. "Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one or more structures located on a single parcel or common lot. "Residential, single-family" means low density residential development containing one (1) primary residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a single-family dwelling and/or second dwelling unit as a household for "transitional housing" or "supportive housing" as defined under the State Health and Safety Code. Single -room occupancy development. See "Boarding house." "Small wind energy system" means a wind energy conversion system consisting of a freestanding or roof mounted wind turbine and associated control or conversion electronics which is intended to produce energy for use primarily on site. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (i.e., adults with low-income having one or more disabilities including mental illness, HIV or AIDS, substance abuse or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act Division 4.5, commencing with Section 4500 of the Welfare and Institutions Code and may include, among other populations, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans, or homeless people) and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance Ord. 1923 A-4 and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. "Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical energy, which it then converts into electricity. Replace the existing definitions in Section 14.03.030 with the following new definitions: "Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building and use that requires a foundation or structural support on the ground. Accessory structures include, but are not limited to, garages/carports, gazebos, greenhouses, storage sheds, freestanding solar panel arrays, small wind energy systems, cabanas, studios, sport courts, spas, hot tubs and pools. Accessory structure would not include a "tree house" that does not have a foundation support on the ground or require building permit. "Creek" means a perennial, intermittent or ephemeral open watercourse, which has a defined bed and bank and connect to other water bodies, as shown on the San Rafael General Plan watershed and creeks map. Creek also includes unmapped tributaries to the bay to the point at which they have a defined bed and bank. Creek is distinguishable from a "drainageway." Drainageway means: (1) an open swale or localized depression that lacks defined banks, which transports stormwater to creeks, wetlands or water bodies such as the bay; and (2) man-made open ditches or channels (typically with low habitat value) which drain developed properties. Drainageway is distinguishable from a "creek." "Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section 14.16.225). "Lot coverage" means that portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches (30") in height; and detached recreational and storage structures that are greater than one hundred (120) square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, detached garden sheds, tool sheds, playhouses and similar detached accessory structures that do not require a building permit and are not greater than one hundred twenty (120) square feet in size and no taller than eight feet (8') in height, and portions of structures that are located below. Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Medical office uses typically require use of specialized medical equipment and medical training to evaluate, diagnose and administer treatments, medication or therapies which require a prescription (including administering oxygen or performing dialysis, and sleep diagnostics facilities); increased support staff needs; multiple patient treatment rooms; and patient waiting areas. Counseling services and other services provided by nonmedical professionals may also be included under "offices, general." Ord. 1923 A-5 "Structure" means anything constructed or erected that requires a foundation or a structural support on the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the height does not exceed six feet (6'); retaining walls four feet (4) or less in height; in -ground swimming pools; and improvements built at -grade such as parking lots and access drives or walks. Yard, side. "Side yard" means an open area extending between the front yard and the rear yard and between the side lot line and a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title. Ord. 19-13 A_h CHAPTER 14.04 — RESIDENTIAL DISTRICTS (R, DR, MR, HR) Replace existing Section 14.04.020 Land Use Regulations and Table 14.04.020 with the following: 14.04.020 Land use regulations (R, DR, MR, HR, PD). P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed. Table 14.04.020 Tvve of Land Use R DR MR HR PD Additional Use Regulations Residential Uses residential P P P P C -Single-family Duplex residential P P P C r—Multifamily residential P P C Animal keeping A A A A A See standards, Chapter 14.17.020 See Chapter 6.04 Boardinghouse or roomin house C C C Conversion of senior housing to C C C C C nonsenior housing Emergency shelters for the homeless C See standards, Section 14.16.115 Permanent Temporary or rotating C C C C C Home occupations P P P P P See standards, Chapter 14.16 Mobile home parks C C See standards, Chapter 14.17 Residential care facilities for the handicapped Small (0-6 residents) P P P P C Large (7 or more residents) P P P P C Residential care facilities, other Small (0-6 residents) P P P P C Large (7 or more residents) C C Second dwelling units (800 square P P P P P See standards, Chapter 14.16 feet in size or less) Second dwelling units (greater C C C C C See standards, Chapter 14.16 than 800 square feet in size or in a separate building not meeting required setback or height requirements) Visitor Accommodations Bed and breakfast inns C* C C C *On nonhillside lots, 20,000 square feet or larger. Hotels and motels C C Day Care Day care facility, child or adult Family day care home Small (0-8 children or adults) P P PP P Lar,4e (9-14 children) CZ CZ CZ CZ CZ See standards, Chapter 14.17 Ord. 1923 A-7 Type of Land Use jRfDR MR HR PD Additional Use Re ulations Lar e (9-14 adults) C C C Day care center (15 or more C*C C C* *Prohibited in R2a, RI a and PD children or adults) districts, and R20 hillside residential lots. Public and uasi-Public Uses Clubs and lodges, including youth C C C ou s O ens ace P P P P P Public parks, playgrounds and P P P P P recreation facilities Religious institutions C* C C C C* *Prohibited in R2a, R1 and PD - hillside districts, and R20 hillside residential lots. Schools Public P* P P P C* *Prohibited in R2a, RI and PD - hillside districts, and R20 hillside residential lots. Parochial, private C* C C C C* *Prohibited in R2a, Rla and PD - hillside districts, and R20 hillside residential lots. Use of closed school sites C* C C C C* May include: child care programs; educational, recreational, cultural and religious classes, programs, and activities; administrative offices incidental to educational service uses; churches; counseling groups and those private business uses which would be permitted as home occupations. *Prohibited in R2a, RI a, and PD -hillside districts, and R20 hillside residential lots. Offices and Related Uses Medical services (medical, dental and health-related services with sale of articles clearly incidental to the servicesprovided) Hospitals C C Major medical facilities. C C C including extended care facilities (treatment and convalescent) and children's treatment facilities Commercial Uses Plant nurseries and garden supply C C C C j Trans ortation Facilities j Parkin lot, public or rivate C C C See regulations, Chapter 14.18 Ord. 1923 A-8 Type of Land Use7Uses DR MR HR PD Additional Use Regulations AccessoryStructuAccessory structureP PP P See regulations, Chapter 14.16 customarily incidepermitted use and c same site (Ord. 1838 § 18, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1802 § 2, 2003: Ord. 1663 § 1 (part), 1994; Ord. 1652 § 1, 1993; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 7, 6-21-10) Ord. 1923 A-9 CHAPTER 14.05 — COMMERCIAL AND OFFICE DISTRICTS Replace existing Section 14.05.020 and Table 14.05.020 with the following: 14.05.020 Land use regulations (GC, NC, O, C/O, R/O, FBWC). A. Francisco Boulevard West Commercial District (FBWC): Land use regulations for new development and/or redevelopment. 1. New development and redevelopment within the Francisco Boulevard West commercial district shall be subject to initial use permit review by the planning commission. Master use permits shall be required for multi -tenant shopping center developments, specifying the types of uses which may go into the center, approving an initial roster of tenants, and identifying procedures for subsequent review and approval of future tenants when changes in occupancy occur. 2. Prerequisites for initiating the use permit review process are as follows: a. The proposed use is listed on the commercial matrix as requiring a conditional use permit and meets the review criteria specified in subsection (A)(3) of this section; b. In the event the proposed use is not listed on the commercial matrix as requiring a conditional use permit, but the proposed use meets the review criteria specified below, application for determination may be made to the planning commission. The planning commission shall determine whether the proposed use is consistent with the specified review criteria for the Francisco Boulevard West commercial district. 3. Review criteria for evaluating proposed uses in new development and redevelopment projects in the Francisco Boulevard West commercial district are listed below. In order to initiate the use permit process as indicated in either subsection (A)(2)(a) or (A)(2)(b) of this section, the proposed project must meet one or more of the following criteria: a. Generates high tax revenue; b. Constitutes a large-scale business; c. Constitutes a multi -tenant center with shops which provide related services or types of goods; and/or d. Has a regional market base. P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.05.020 Type of Land Use GC NC O C/O R/O FB W CC* Additional Use Regulations Commercial Uses Animal sales and service, See Chapter 10.2 excluding exterior kennels, pens or runs animal care facilities CZ CZ CZ Animal retail sales P P P Boat sales CZ CZ Building materials and supplies Brick, eravel, rock, concrete, P* P* C *See Outdoor storage. lumber and tile sales Electrical supply stores!P * HEP* P* C Equipment rental business P* C Ord. 1923 A_ 10 Type of Land Use GC NC O C/O RIO FBWC* Additional Use Regulations Glass and window stores P* P* C Hardware stores P* P* P* P* C P* P* (and ancillary P*P* C =Pamtstores serviceuehotoeo sho s P P P P Computer services P P P P Locksmith shop P P P P Office furniture sales and P P P P C rentals Office supply and business PP P P C machine shops Printing shops P P P CZ See Chapter 10.36 Card rooms Coffee roasters CZ CZ Food and beverage service establishments Brew pubs CZ CZ CZ Caterin establishments P CZ P Cocktail lounges C C Fast food restaurants C C C Food service establishment, C C high volume Food service establishment (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge, live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or less in P P P P P C size (2) More than 1,000 sq. ft. P CZ CZ P CZ CZ in size Food service establishment CZ CZ CZ CZ with a cocktail lounge, live entertainment, and or dancing Live entertainment, dancing C C C (without food service) Ord. 1923 A-1 l Type of Land Use GC NC O C/O R/O FBWC* Additional Use Re ulations Outdoor eating areas A* A* A* A* A* A* For outdoor eating areas on private property see Section 14.17.110 standards. For outdoor seating areas located on city sidewalks or rights-of- way, see Section 14.16.277 standards. Food and beverage stores Bakeries, retail (and ancillary P P P P P C food service) Candy stores and P P P confectioneries Convenience markets CZ CZ CZ CZ Grocery stores and P* P* P* C C *Operating between supermarkets 11 p.m. and 6 a.m. requires a use permit (CZ) to review lighting, noise, and compatibility with surrounding residential uses. Liquor stores (1) Less than 200 ft. from CZ CZ CZ CZ CZ residential district (2) 200 ft. or more from P P P C C residential district Fortunetelling A A See Chapter 14.17 standards. *Rear ground level or 2nd floor or above. Funeral interment services CZ CZ (including mortuaries, but excluding crematories) A A A A A See Section 14.16.225 Kiosks standards Motor vehicle sales and service ( including automobiles. motorcycles, trailers, trucks and recreational vehicles) Auto detailing CZ Coin-o2,,Nashing C C C C Gasoline stations (including C C C C C C See Section 14.16.160 j nuni-markets. and minor regulations. For repair, such as tune-ups. repair. see Chapter brakes. batteries, tires, and 14.1, standards. mufflers) Ord. 1923 A-12 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Rentals CZ CZ CZ See Chapter 14.17 Repairs, major (engine work, CZ standards. paintin , and body work) Repairs, minor (tune-ups, CZ CZ CZ CZ C See Chapter 14.17 brakes, batteries, tires, standards. mufflers and upholstery' Sales, new or used vehicles (1) Five or fewer vehicles CZ CZ CZ displayed or stored on-site (2) More than five vehicles C C C dis la ed or stored on-site Sales, arts and sup lies P P C Sales, tires and ancillary CZ CZ CZ service Music rehearsal/recording studios CZ CZ Outdoor storage, including CZ CZ CZ CZ C temporary or permanent storage containers Personal service establishments Artistic and photographic P P P studios, without sale of equipment or supplies P P P P C Barber shops/beauty salons P Dry cleaning establishments, P P P P P with no on-site processing Dry cleaning establishments, CZ CZ CZ CZ CZ with on-site processing Laundromats (self service) P P P P P P P See Chapter 8.34 Massage and/or bodywork P P offices or establishments Nail salons P P P P P Seamstressitailor P P P P P Shoe repair P P P P P Recreational facilities (indoors) C See Chapter 10.32 Bowling alleys C C C See Chapter 14.17 Game arcades C standards. Fitnessrecreation facility CZ CZ CZ CZ CZ 1 Poolhalls, billiards C C C Theaters C C C C Retail P C antique stores P C Apparel stores P P Appliance stores (and ancillary P P C repair) � art, craft. music and P P P C hotogra hie sup ly stores Ord. 1923 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Re ulations Auctions P P See Chapter 10.16 Bic cle shops P P P C Book, ift, station stores P P P C Department stores P P C Discount stores Drug stores and pharmacies P P* P* P P* C C C *Operating between 11 p.m. and 6 a.m. requires a use permit (CZ) to review lighting, noise, and compatibility w s h surrounding residential uses. Electronics sales (televisions, P P C radios, computers, etc.) Florist shops P P P P P Furniture stores and upholstery P P C shops (and ancillary repair) C See Chapter 14.17 Gun shops C standards. Jewelry stores Plant nurseries and garden P P* P* P P* C *See Outdoor storage. supply Secondhand stores and CZ CZ, See Chapter 10.20 pawnshops Shoe stores P P C Shopping centers C C C C Sorting goods stores P P C Stamp and coin shops P P Swinuniniz pool supplies P P A -i4 Ord. 1923 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Re ulations Tobacco retailer, significant C C C Shall not be located within 1,000 feet from schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed day care centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each arcel. Toy stores P P Variety stores P Video sales and rentals P P P C P C P Offices and Related Uses Financial services and institutions P P P P P P Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) Clinics C C C C** C **4th Street west of D Street: Rear ground level or 2nd floor or above. Hospitals C C C Major medical facilities, including extended care facilities (treatment and convalescent) and children's treatment facilities Laboratories CZ CZ CZ CZ** CZ **4th Street west of D Street: Rear ground level or 2nd floor or above. CZ CZ P P* P *4th Street west of D Street: Rear ground Medical offices le- el or 2nd floor or j I abo� e. Ord. 1923 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Re ulations Offices, general CZ P* P P** P *Rear ground level or 2nd floor or above. **4th Street west of D Street: Rear ground level or 2nd floor or above. Public andQuasi-Public Uses Clubs and lodges, including youth C C C groups Public facilities Administrative offices C P P* P *Rear ground level or 2nd floor or above. Day services center C C C C C Job center C Libraries, museums and other C C C C C cultural facilities Public and utility facilities C (corporation, maintenance or storage yards, utility distribution facilities, etc.) Public facilities, other (police, C C C C C C fire, paramedic, post office, etc.) Public parks, playgrounds, and P P P P P recreation facilities Religious institutions C C C C C Schools Parochial, private C C C* C *Rear ground level or 2nd floor or above. Public P P P P P Specialized education and CZ CZ CZ CZ training Residential Uses * * * *See Chapter 14.17 standards. Single-family residential C Duplex residential C Multifamily residential A C P A P A Only in a in development. See Chapter 14.1' standards. animal keeping CZ CZ CZ CZ CZ CZ See Chapter 14.1' standards. Caretaker's residence CZ CZ CZ CZ. CZ C Emergency shelters for the homeless Permanent P C C C See Section 14.16.115. Ord. 192 3 A-16 Type of Land Use GC NC O C/ RIO7FBWC* Additional Use Re ulations Temporary. or rotatin occupations C P C P C P C P PSee CHome Chapter 14.16 regulations. Live/work quarters A A A A A A See Chapter 14.17 standards. Mobile home park C Residential care facilities for the handicapped Small (0-6 residents) (7 or more residents) P P P P P P P P P P P P oLa,rge ial care facilities, other (0-6 residents) (7 or more residents) g or boarding houses P C A P C C P C A P C A P C A P C A See Chapter 14.17 standards. Daare Day care facility, child or adult Family day care Small (0-8 children or P P P adults) Large (9-14 children) CZ CZ CZ See Chapter 14.17 standards. Large (9-14 adults) Day care center (15 or more CZ CZ CZ CZ CZ CZ CZ CZ C children or adults) v isitor Accommodations Hotels, motels, or bed and C C C C breakfast inns Transportation Facilities Bus C C C stations "Park and ride" facilities CZ CZ CZ C Parking facilities, commercial or CZ CZ CZ CZ C municipal Taxi C C C stations Transit stations or transitways C C C See Chapter 10.60 Temporary Uses Temporary uses A A CZ A See Chapter 14.17 standards. Accessory Structures and Uses Accessory structures and uses customariIv ly incidental to a P P P P P P See Chapter 14.16 regulations. permitted use and contained on the same site: * See Section 14.05.020(A). A-1 Ord. 1923 (Ord. 1838 § 21, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 1, 2004; Ord. 1797 § 3, 2003; Ord. 1765 § 1 (part) (Exh. B (part)), 2001; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1693 § 1, 1996; Ord. 1689 § 1, 1995; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 12, 6-21-10) Replace existing Section 14.05.022 and Table 14.05.022 with the following: 14.05.022 Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O). P: Permitted by right; C: Conditional permit/planning commission; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.05.022 Type of Land Use --4S--RC HO CSMU 2/3 NIUE 2/3 MUW WEV 5/M R/O Commercial Uses Animal sales and service, excluding exterior kennels, ens or runs (1) Animal care facilities CZ CZ CZ CZ CZ CZ Animal retail sales P P(27) P CZ P Building materials and supplies Equipment rental P(3) P P businesses (2) Hardware stores (2) P P P P P P Paint stores (2) P P P P P Business sales and service Blueprint and photocopy P P P P P P P(4) shops Computer services P P P P P P P(4) Locksmith shop P P P P P P P(4) Office furniture sales and P P P P P P P(4) rentals Office supply and business P P P P P P P(4) machine shops Printing shops CZ CZ CZ CZ CZ CZ CZ(4) Card rooms (5) C Coffee roasters CZ CZ CZ CZ CZ CZ CZ(4) Food and beverage sen ice establishments Brew pubs CZ CZ CZ CI CZ CZ Catering establishments CZ CZ CZ P P CZ P(4) Cocktail lounges (\vithout C C C C C C C(4) food sen -ice) Fast food restaurants C C C C C C Food sena ice C C C C C C estabtislunent. high N olume Ord. 1023 A-1 � e of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Food service establishment rT (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge, live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or less in P P P P P P P(4) size (2) More than 1,000 sq. P P P P P P CZ(4) ft. in size Food service establishment CZ CZ CZ CZ CZ CZ CZ(4) with a cocktail lounge, live entertainment, and/or dancin Live entertainment and/or C C C C C C C dancing (without food and service) Outdoor eating areas (6) A A A A A A A(4) Food and beverage stores P P P P p P(4) Bakeries, retail (and P ancilla food service) P P P P P P(4) Candy stores and P confectioneries Convenience markets (7) CZ CZ CZ CZ CZ CZ CZ(4) Grocery stores and P P P P P P C(4) su ermarkets (7) Liquor stores (1) Less than 200 ft. CZ CZ CZ CZ CZ CZ —CZ(4) from residential district P P P P CZ(4) (2) 200 or more ft. from P P residential district Fortunetellin (S) A(9) A(9) A A A(9) Funeral and interment CZ CZ services (including mortuaries, but excluding crematories) Kiosks (30) A A A A A Motor vehicle sales and service (including automobiles. motorcycles. trailers, trucks and recreational vehicles) _auto detailing CZ CZ Coin -op washing C C Ord. 1923 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5C/M R/O Gasoline stations C C C (including mini -markets, and minor repair, such as tune-ups, brakes, batteries, tires, and mufflers) (10) Rentals CZ(2) CZ(2) Repairs, major (engine work, painting, and body work) (11) (tune-ups, CZ CZ(3) CZ CZ CZ Feminor atteries, tires, and upholstery) C Sales, new or used vehicles Sales, parts and supplies P P P P P P(4) Sales, tires and ancillary CZ CZ service Music rehearsal/recording CZ(9) CZ CZ CZ CZ CZ(9) CZ studios CZ Outdoor storage, including temporary or permanent storage containers Personal service establishments Artistic and photographic P P P P P P P(4) studios, without sale of equipment or supplies P P P P P(4) Barber shops, beauty salons P P P P P(4) Dry cleaning P P P P establishments, with no on-site processing Dry cleaning CZ CZ CZ CZ CZ CZ CZ(4) establishments, with on- site processing Laundromats (self-service) P P P P P P(4) (7) Massage an&or body -work P(9) P(9) P P P P(9) P offices or establishments (12) Nall salons P P P P P P P(4) Seamstress tailor P P P P P P P(4) Shot repair P P P P P P P(4) Recreational facilities (indoors) Bokr ling alleys (13) C Game arcades (14) Fitness, recreation facility C CZ CZ C CZ CZ C I CZ. C CZ CZ(4) Ord. 19?3 20 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Poolhalls/billiards C C C C Theaters C C C C C C Retail Antique stores P P(27) P P P P P(4) Apparel stores P P(27) P P P P P(4) Appliance stores (and P P(27) P P P P P(4) ancilla repair) Art, craft, music and P P P P P P P(4) photogrEhic supply stores P P P P 1 P P(4) Auctions (15) Bicycle shops P P P(27) P P P P P(4) Book, gift, stationery P P P P P P P(4) stores De artment stores P P P P P P P(4) Discount stores P P P P(16) P P P(4) Drug stores and P P P P P P P(4) pharmacies (7) P P P P P P P(4) Electronics sales (televisions, radios, computers, etc.) P P P P P P P(4) Florist shops Furniture stores and P P(27) P P P P P(4) upholstery shops (and ancilla repair) Gun shops C C C C C Jewelry stores P P(27) P P P P(4) Plant nurseries and garden P(2) P(2) P(2) P(2) P(2) P(2) P(2)(4) supply Secondhand stores and CZ CZ CZ CZ CZ CZ CZ(4) pawnshops (17) P P(27) P P P P P(4) Shoe stores C C C C C C C(4) Shopping centers Sporting goods stores P P(27) P P P P P(4) Stamp and coin shops P P(27) P P P P P(4) Swimming pool supplies P P P P P P Tobacco retailer, C(28) C(28) C(28) C(28) C(28) significant Toy stores P P(27) P P P P P(4) Variety stores (7) P P P P P P n P(4) Di,il Video sales and rentals r Offices and Related Uses Financial services and P(9). institutions A(18 Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) 1 1 r I I,_'L'��■ P P I P (P IA(9)8) IP Ord. 1923 _v 2 1 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Clinics C(9) C C C C C(9), C C(18) Hospitals C Major medical facilities, including extended care facilities (treatment and convalescent) and children's treatment facilities Laboratories CZ(9) CZ CZ CZ CZ CZ(9, CZ 18) Medical offices P(9) P P P P P(9), P A(18) Offices, general P(9), P P P P P(9), P A(18) A(18) Public and Quasi -Public Uses Clubs and lodges, including C(9) C C C C C(9) youth groups Public facilities Administrative offices P(9), P P P P P(9), P A(18) A(18) Day services center C C C C C C Libraries, museums, and C C other cultural facilities Public facilities, other C C C C C C C (police, fire, paramedic, post office, etc.) Public parks, playgrounds, P P P P P P P and recreational facilities Religious institutions C C C C C C C Schools Parochial_, private C(9) C C C C C(9) 1 C Public P P P P P P P Specialized education and CZ (9, CZ CZ CZ CZ CZ(9, CZ trainin 18) 18) Residential Uses Single-family residential Duplex residential P P 'Multifamily residential (19) A A(79) .k A P Animal keeping A A A A A A Caretaker's residence A x(29) '� �() A A A Emergency shelters for the homeless Pennancnt Temporary or rotating C C C C C C C 11 Home occupations (22) P P P P P P P Live work quarters (19) A A(29) A A(20) A A Ord. 1023 A-» Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEVr5/M R/O Residential care facilities for the handicapped in dwelling unit (19) Small (0-6 residents) P P(29) P P(20) P P Lar e (7 or more residents) P P(29) P P(20) P P P Residential care facilities, other in dwellingunit (19) P P P Small (0-6 residents) P P(29) P P(20) C C Large (7 or more residents) C C(29) C C(20) C Rooming or boarding houses A A(29) A A(20) A A A (19) Da Care Day care facility, child or IP rP qP adult Famil da care Small (0-8 children or P P P adults) Large (9-14 children) CZ CZ CZ CZ CZ CZ CZ (31) Large (9--14 adults) C C C C C C C Day care center (15 or more CZ(9) CZ CZ CZ CZ CZ(9) CZ children or adults) Visitor Accommodations C C C Hotels, motels, or bed and C C C C breakfast inns Transportation Facilities Bus stations C C "Park and ride" facilities Parking facilities, commercial CZ CZ CZ CZ(3) CZ CZ CZ CZ CZ CZ or municipal Taxi stations (24) C C C Transit stations or transitways C C C Temporary Uses Temporary uses (25) A A A A A A A Accessory Structures and Uses Accessory structures and uses P P P P P P P customarily incidental to a permitted use and contained on the same site (26) 1 (1) See Chapter 10.24. (2) See "Outdoor storage." (3) Use not allowed on lots which have frontage along "A" and "B" Streets. (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth A,enue. (5) See Chapter 10.36. (6) For outdoor eating areas on priN ate property. see Section 14.1 .110 standards. For outdoor seating areas located on city sidewalks or rights-of-way, see Section 14.16?7 standards. Ord. 1923 A-23 (7) Operating after eleven p.m. (11:00 p.m.) requires a use permit (CZ). (8) See Section 14.17.060 (Fortunetelling). (9) On Fourth Street frontage, use shall only be allowed in a rear ground level demised space behind a separate retail demised space with a separate entrance or on the second floor or above. (10) See Section 14.16.160 (Gasoline stations). (11) See Section 14.17.090 (Motor vehicle repair uses). (12) See Chapter 8.34. (13) See Chapter 10.32. (14) See Section 14.17.070 (Game arcades). (15) See Chapter 10.16. (16) Office -support retail only. (17) See Chapter 10.20. (18) Office use on the Fourth Street frontage is limited to customer -service office use only. See Section 14.17.050 (Offices and financial institutions in the Fourth Street retail core and the West End Village) of this title. (19) See Section 14.17.100 (Residential uses in commercial districts). (20) Residential use allowed if part of a mixed-use development. (21) Repealed April 2006. (22) See Section 14.16.220 (Home occupations). (23) See Section 14.17.040 (Family day care home, large). (24) See Chapter 10.60. (25) See Section 14.17.130 (Temporary uses). (26) See Section 14.16.020 (Accessory uses). (27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage. (28) Shall not be located within one thousand feet (1,000') from: schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed day care centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each parcel. (29) Residential use is allowed on the ground floor and above, except on lots facing Fourth Street where residential use is allowed on the rear ground level and second floor and above. (30) See Section 14.16.115. (3 1) Permitted if less than 2,000 square feet in size, and conditionally permitted subject to zoning administrator approval if 2,000 square feet or more in size. (Ord. 1838 § 22, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 2, 2004; Ord. 1797 § 4, 2003; Ord. 1765 § 1 (Exh. B (part)), 2001; Ord. 1763 § 1 (part), 2001; Ord. 1757 § 2 (Exh. Z-1), 2000: Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1725 § 1 (Exh. A), 1998; Ord. 1694 § 1 (Exh. A) (part), 1996). (Ord. No. 1882, Exh. A, § 13, 6-21-10) Ord. 1923 A-24 Replace existing Section 14.05.030 and Table 14.05.030 with the following: 14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC). NR: Not required unless otherwise noted in Additional Standards. NA: Not applicable. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio, and site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development. Table 14.05.030 (,A) There is no minimum tot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and or rear of the lot(s) abuts an R district, the respective side and or rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted «ithin the required side and rear yards provided that a minimum six-foot wide landscape buffer area. excluding curbs, is provided adjacent to the side and rear property lines. A_2_ Ord. 1923 GC NC O C/O RIO FBWC Additional Standards 6,000 6,000 7,500 2,000/ building J_ 6,000 6,000 Minimum lot area (sq. ft.) Minimum lot area/dwelling unit (sf) (Max. residential intensity) 1,000 * 1,800 * 1,000 * 1,000 * 1,000 * 1,000 * (A), (N), (0) * See Section 14.16.150 Floor area ratio (Max. nonresidential intensity) Minimum lot width (ft.) 60 60 60 NR 60 60 Minimum yards: NR NR 20 NR NR NR (B) Front (ft.) Side (ft.) NR Street side (ft.) NR Rear (ft.) NR Maximum height of 36 structure (ft.) Maximum lot coverage NR Minimum landscaping 15°10 Usable outdoor area NR Parking * NR 6 NR NR NR (B) NR 10 NR NR NR (B) NR 20 NR NR NR (B) 36 feet; 30 feet for a residential -only building 36 36 36 36 (G), (H), (E), (F), NR 40% NR NR NR (P) 100-0 25% NR 1001 0 15% (I), (J), (K), (L) NR NR NR NR NR (M) * * * * * * Based on use. See Section 14.18.040 (,A) There is no minimum tot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and or rear of the lot(s) abuts an R district, the respective side and or rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted «ithin the required side and rear yards provided that a minimum six-foot wide landscape buffer area. excluding curbs, is provided adjacent to the side and rear property lines. A_2_ Ord. 1923 (C) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (D) Hotels have a four (4) story fifty -four -foot height limit. A one-story twelve -foot height bonus may be approved as part of a design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) Repealed 3/18/96. (F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories. (G) See general plan downtown height map for lot -specific height limits. (H) A height bonus may be permitted in residential development as provided for in Section 14.16.190, Height bonus. (I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (101) of buffer landscaping must be provided. (J) In the GC district, a minimum fifteen feet (15') of the front setback must be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body. (K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (L) A landscaped amenity area for employees and the public is encouraged in office and commercial projects. (M)Provision of usable outdoor area is encouraged in residential development as part of a mixed-use prof ect. (N) Outside of downtown, only one (1) unit is permitted, and no additional units are permitted, on lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots). (0) A density bonus may be granted, as provided for in Section 14.16.090. (P) The maximum lot coverage restriction established for the Office (0) district shall not apply to solar panels installed over existing paved parking spaces; consistent with Section 14.16.307. (Ord. 1838 § 23, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1782 Exh. A (part), 2002; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 14, 15, 6-21-10) V20 Ord. 1923 CHAPTER 14.06 — INDUSTRIAL DISTRICTS (I, LI/O, CCI/O, LMU) Replace existing Section 14.06.020 and Table 14.06.020 with the following: 14.06.020 Land use regulations (I, LI/O, CCl/O, LMU). P: Permitted; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.06.020 Types of Land Use I LI/0 CCUO LNlu Additional Use Regulations Uses Industrial Boat building and re air C Industry, general Asphalt. mix plants Assembly plants C P P P P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Biotechnology firms C P* C P* C P* C P* *Permitted by right unless within 300 feet of Cabinet shops a residential district, in which case it is "CZ," subject to a use ermit. Candle -making shop P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Ceramic shop P P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Chemical manufacture C or processing Clothing manufacturing P P P 7 - Concrete mix plants C Contractor's yards P CZ CZ CZ (screened) Dry boat storage Dry- cleaning plants C � P C P C � P P* *Permitted by right unless within 300 feet of a residential district. in i which case it is "CZ." f subject to a use perinit. CZ CZ C C Electronics industry A-2- Ord. 1923 Types of Land Use I LUO CCUO LMU Additional Use Re ulations Food manufacture or P* P* P* P* *Permitted by right unless within 300 feet of processing a residential district, in which case it is "CZ," rm subject to a use eit. Fuel ards C Furniture manufacturing P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Furniture refinishing or P* P* P* P* *Permitted by right unless within 300 feet of repair a residential district, in which case it is "CZ," subject to a use permit. Laboratories CZ CZ CZ CZ Machine shops P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use ern -tit. Metal fabrication, CZ C C C forging or welding shops Packaging plants P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Pharmaceutical C C C C manufacturing Planing mills C C Printing shops P P P P Research and C development facilities Research and CZ CZ C development industry Research and P P P development services Rock, sand or gravel C plants (crushing, screening and stockpiling) Ord. 1923 A -2S Types of Land Use I =UF��Fditional Use ulationsMini-storage P P P e Section .16.150(G)(4) for FAR exception. For lots facing Highway 101 or 580 or the Bay, mini -storage use must be located behind an active street front or bay front use. Moving companies Storage, warehousing and P P CZ P C P C P See Outdoor storage. distribution Trucking yards and C terminals Waste Mana ement C See hazardous waste Hazardous waste management plan transfer, storage, treatment and recyclingstandards. Resource recovery and CZ recycling Solid waste management C See Chapter 10.72 (collection, disposal) Transfer stations C Wholesale and distribution P P P P Offices and Related Uses Financial services and CZ CZ institutions Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the servicesprovided) Clinics C C Laboratories C C C C C C C* *Max. of 5,000 sq. ft. or Offices, medical less. Offices, general C* C** C C* *5,000 sq. ft. or less. **See Section 14.16.150(B)(2). Commercial Uses Animal care facilities (with CZ CZ CZ CZ* *NN"ithout exterior or without exterior kemiels, kennels. pens or runs (See ens or runs) Chapter 10.24). Building materials and sup lies Brick. gravel. rock, P* � P* P* P* *See Outdoor storage. concrete, lumber. tile sales Ord. 1923 A-29 Types of Land Use I LI/O CCl/O LMU Additional Use Re ulations Electrical supply stores P* P* P* P* *See Outdoor storage. Equipment rental P* P* P* P* *See Outdoor storage. business Glass and window stores P* P* P* P* *See Outdoor storage. Hardware stores P* P* P* P* *See Outdoor storage. Paint stores P* P* P* P* *See Outdoor storage. Plumbing supply stores P* P* P* P* *See Outdoor storage. (and ancillary service) Business sales and service Blueprint and photocopy P P P P shops Computer services P P P Locksmith shop P P P P Office furniture sales P P P and rentals Office supply and P P P business machine shops- ho sPrinting Printingshops P P P P Card rooms C See Chapter 10.36 Coffee roasters P P P C Food and beverage establishments Brew pubs CZ CZ CZ Catering P P P P Cocktail lounges C (without food service) Fast food restaurants C C Food service C C establishment, high volume Food service establishment (with or without incidental service of beer or wine or ancillary bar), but without a cocktail lounge, live entertaimnent as defined under Chapter 14.03, and, or dancing (1) 1,000 sq. ft. or less j CZ CZ CZ CZ in size (2) More than 1,000 CZ CZ I sq. ft. in size Ord. 1923 A-30 Ord. 1923 A-3 I LI/O CCl/O LMU Additional Use Re ulations Ct, with age, IjjMse livet and/ornment Cg (without food service) Outdoor eating areas A A A A For outdoor eating areas on private property, see Section 14.17.110 standards. For outdoor seating areas located on city sidewalks or rights- of-way, see Section 14.16.277 standards. Food and beverage stores Bakeries (with ancillary food service 1,000 sq. ft. or less in size) (1) Retail P P (2) Wholesale P P P P Funeral interment services Mortuaries P P C P Must be located at least Crematories 650 ft. from any residential zoning district and/or schools, including private, parochial, public, nursery, preschool and child day care facilities; Crematory stack and delivery entrance may not be visible from public streets. Maintenance and repair services Appliance repair P* P* P* P* *See Outdoor storage. Building maintenance P* P* P* P* *See Outdoor storage. seri ices Furniture upholstery P* P* P* P* *See Outdoor storage. General contractors P* P* P* P* *See Outdoor storage. Motor vehicle sales and service (including automobiles. motorcycles. trailers. trucks and ' � recreational vehicles) Auto detailing P CZ CZ C Ord. 1923 A-3 Types of Land UseI LI/O CCI/O LMU Additional Use Regulations Coin -op washin C C C C Gasoline stations C C C See Chapter 14.16 (including mini -markets, regulations. For repair, and minor repair, such as see Chapter 14.17 tune-ups, brakes, standards. batteries, tires and mufflers) Rentals CZ CZ CZ CZ See Chapter 10.84 Repairs, major (engine A A A CZ See Chapter 14.17 work, painting, body standards. work) Repairs, minor (tune- A A A CZ See Chapter 14.17 ups, brakes, batteries, standards. tires, mufflers, upholstery) Sales, new or used CiCZ* C,'CZ* C/CZ* C/CZ* *For sales of five or vehicles fewer cars. Sales, parts and supplies P P P P Towing businesses C C C C Wrecking yards C See Chapter 10.52 Kiosks A See Section 14.16.225 Music rehearsal/recording P CZ CZ CZ studios Outdoor storage CZ CZ CZ CZ Personal service establishments Artistic and P P P photographic studios, without sale of equipment or supplies Barber shops; beauty P P P salons Dry cleaning P P P P establishments with or without on-site processing facilities Laundromat (self P P P service) '.fail salon P P P Seainstress, tailor P P P Shoe repair P P P Recreational facilities (indoors) Bowling alleys CZ CZ CZ Fitness recreation CZ CZ CZ facitity Retail Ord. 1923 A-32 ` Types of Land Use I LI/O CCI/O LMU Additional Use Re ulations Drug stores and C harmacies Florist C Specialty retail, region- C serving Public and Quasi -Public Uses Clubs and lodges, including C C C youth groups Public facilities Administrative offices C* P P P *5,000 sq. ft. or less. Day services center C C C Job center C C C Public and utility C C C C facilities (corporation, maintenance or storage yards, utility distribution facilities, etc.) Public facilities, other P P P P (police, fire, paramedics, post office, etc.) Public parks,' C playgrounds and recreation facilities Religious institutions C C C Schools Parochial, private C C Public P P Specialized education CZ CZ CZ and training Residential, Day Care and Visitor Accommodation Uses Live,, work quarters A See Section 14.17.100(C)(9) (Live; workquarters). Caretaker's residence CZ CZ CZ CZ Day care centers CZ CZ CZ CZ Emergene,� shelters for the homeless C P C C C See Section 14.16.115 Permanent Rotatin or temporary C C C C Hotels or motels C C Transportation facilities tations C C C Eort C "Park and ride" facilities CZ CZ CZ Ord. 1923 -33 Types of Land Use I LI/O CCUO LMU Additional Use Re ulations Parking facilities, CZ CZ CZ commercial or ublic Taxi stations C C C See Chapter 10.60 Transit stations or C C C transitwa s Tem orar y Uses Temporary uses A A A A See Chapter 14.17 standards. Accessory Structures and Uses Accessory structures and P P P P See Chapter 14.16 uses customarily incidental regulations. and contained on the same site (Ord. 1838 § 25, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 3, 2004; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 19, 6-21-10) Ord. 1923 `\- , CHAPTER 14.08 — MARINE DISTRICT (M) Replace existing Section 14.08.020 and Table 14.08.020 with the following: 14.08.020 Land use regulations (M). P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.08.020 T - e of Land Use M Additional Use Regulations Marine Uses Boat buildin and re air C Boat sales and rentals P Charter boat businesses P Clubs and lodges, including youth C groups, with a marine focus or purpose (boating, fishing, study of marine biology, etc.) Contractor's shops related to marine CZ activities, including welding, small machinery repair and marine engine repair Equipment rentals related to boating, P fishing, etc. Fish and bait sales, retail Indoors P Outdoors C Fishing enterprises, commercial and/or C recreational, including support facilities (hoist, ice plant, storage, packing and sales area and related offices) Fishing supply stores, including bait P and stores Fuel yards strictly for boats C Marinas, including boat slips, offices C (sales, management, etc.), harbor, clubhouse, marine -related retail and support services (restrooms, showers, laundry. caretaker's residence, pump - outs, etc.) 'Marine electronics: sales, i C manufacturing. assembly, testing or j repairs (including electrical, electromechanical or electronic- lectronicequipment. equipment.or systems related to harbor or marine activities) Ord. 1923 A-35 Type of Land Use M Additional Use Regulations Marine industry sales, including boat P machinery, parts and incidental hardware Marine supply stores P Marine testing laboratories, research C and development facilities Museum, marine-related C Offices, business support for marine P industry, including security Outdoor storage, including temporary CZ or permanent storage containers Parks with marine recreational features P or concessions Schools, sailing, boating, etc. P Storage, boat (wet or dry) P Warehousing, strictly for storage of Cz boats, boat trailers and fishing gear Yacht clubs C Commercial Food and beverage service establishments Cocktail lounges (without food C service) Food service establishments (with or without incidental serving of beer or wine) and without a cocktail lounge, live entertainment and,'or dancing (1) 1,000 sq. ft. or less in size P (2) More than 1,000 sq. ft. in size CZ Food service establishments with a Cz cocktail lounge, live entertainment and/or dancing Live entertainment and,'or dancing C (without food service) Outdoor eating areas A For outdoor eating areas on private property, see Section 1 X1.17.110 standards. For outdoor seating areas located on city sidewalks or rights-of-way, see Section 14.16.277 standards. Retail and Office Uses Retail and administrative. business and P C A* *See "Retail" heading in the General Conuncrcial district professional office uses listed as for permitted and conditional retail and office uses. Non- permitted or subject to use perinit in marine related office use allowed on second floor or above general conunercial district in a mixed-use building. Ground floor non-marine office use is not allowed. Public and Quasi-Public Uses Public utility facilities C Residential and Visitor .-allowed on the second floor or above in a mixed-use Accommodation Uses project. Ord. 19? 3 .k-3 ) T e of Land Use Multifamil residential M A Emer enc shelters for the homeless Permanent C C Tem ora P Home Occupations A Live/work quarters Residential care facilities for the CZ handicapped facilities, public., P Small (0-6 residents) Large (7 or more residents) P Residential care facilities, other A Small (0-6 residents) P Large (7 or more residents) C Rooming or boarding houses C Additional Use Regulations See Section 14.16.115 standards. See Section 14.16.220 (Home Occupations). See Section 14.17.100(C)(9) (Live/Work Quarters See Section 14.17.100(C)(8) (Boarding House regulations). Allowed on the second floor or above in a mixed-use project. Caretaker's residence CZ Hotels or motels C Transportation Facilities "Park and ride" facilities CZ facilities, public., CZ -Parking Tem ora Uses A See Chapter 14.17 standards. uses -Temporary -Accessory Uses and Structures P See Chapter 14.16 regulations. Accessory uses and structures customarily incidental to a permitted use and contained on the same site (Ord. 1838 § 28, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 25, 26, 6-21-10) Ord. 1923 Replace existing Section 14.09.020 and Table 14.09.020 with the following: 14.09.020 Land use regulations (P/QP). P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.09.020 Type of Land Use P/QP Additional Use Regulations Public/Quasi-Public Uses Public facilities Administrative offices (city and county, special district, public utility, etc.) P Libraries, museums and other cultural facilities P Public and utility facilities (corporation, maintenance or storage yards, pump stations, utility substations, storm drainage ponds, water tanks, utility distribution facilities, etc.) C Safety facilities (police, fire orparamedics) P Sewage or water treatment facilities, including wastewater ponds and irrigation areas P Quasi -public service uses, including clubs and other service organizations, which pursue or provide programs such as day care, religious or similar use C Schools Parochial, private C Public P Business, performing arts, vocational CZ Use of school sites for other uses C* *Nlay include: child care programs; educational, recreational, cultural and religious classes, programs and activities; administrative offices incidental to educational service uses; churches; counseling groups; and those private business uses which quality as home occupations. Commercial Lases Funeral and interment services Cemeteries, mausoleums P Recreation facilities (indoors or outdoors) C Trans ortation Facilities Bus stations, public C "Park and ride" facilities CZ Road right-of-ways, slope easements or similar public im rovements C Transit stations. public. or transitways C Residential Uses Single-family residential C Duplex residential C Multifamily residential C See Chapter 14.17 standards. Ord. 1923 A_ II Type of Land Use P/QP Additional Use Re ulations Roomingor boardinghouses C See Cha ter 14.17 standards. Home occupations P See Cha ter 14.16 standards. Live/work quarters A See Chapter 14.17 standards. Residential care facilities for the handicapped Small (0-6 residents) P Large (7 or more residents) P Residential care facilities, other Small (0-6 residents) P Large (7 or more residents) C Rooming or boarding houses A Family day care See Chapter 14.17 standards. Small (0-6 children or adults) P Large (7-12 children) A See Chapter 14.17 standards Large (7-12 adults) C See Chapter 14.17 standards Emer ency shelters for the homeless Permanent C See Section 14.16.115 Rotating or temporary C Day care center CZ Uses -Temporary A See Chapter 14.17 standards. Temporary uses and Uses -AccessoryStructures Accessory structures and uses customarily P See Chapter 14.16 regulations. incidental to a permitted use and contained on the same site. (Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). Ord. 1 Q23 CHAPTER 14.12 — HILLSIDE OVERLAY DISTRICT (-H) Replace existing Section 14.12.020 Hillside (—H) overlay district with the following revised text: 14.12.020 Criteria for establishment of hillside development overlay district. A. These regulations shall apply to all lots with an average slope of twenty-five percent (25%) or greater, or located in the hillside resource residential or hillside residential general plan land use designations. The hillside development overlay district on the zoning map is placed on those lots which are in the hillside resource residential or hillside residential general plan land use districts. B. Lots with an average slope greater than twenty-five percent (25%) not shown in the hillside development overlay district are presumed to exist in the city and are protected under all of the terms and provisions of this chapter. Development on such lots requires compliance with the requirements of the hillside development overlay district, except that such lots need not be rezoned to the hillside development overlay designations. (Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 35,6-21-10) Replace existing Section 14.12.030 with the following revised text: 14.12.030 Property development standards (-H). 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. A. Building Stepback. A building stepback is established to limit the height of structures to avoid excessive building bulk. On the downhill slope walls and on walls facing front and side property lines, a twenty -foot (20') height limit measured from existing grade shall be observed within all areas within fifteen feet (15') of the maximum building envelope limit. To allow for design flexibility, an encroachment into the street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the building length. B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more than one-half of the required yard or setback, subject to approval by the hearing body of an environmental and design review permit, with the recommendation of the design review board that the decrease minimizes the impact of hillside development and grading. If such a reduction is granted, a compensating increase in setback is required in the opposing setback, i.e., a five-foot (5') reduction in a front yard setback would increase the rear yard setback by five feet (5'). C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural state. This standard may be waived or reduced for lots zoned PD (planned district) or developed with clustered development with the recommendation of the design review board, subject to approval by the hearing body. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation. D. Gross Building Square Footage. The maximum permitted gross building square footage of all structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum gross square footage set at six thousand five hundred (6,500) square feet. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation. E. Ridgeline Development. Development of new structures within one hundred (100) vertical feet of a visually significant ridgeline, as shown on the community design map of the general plan, is prohibited Ord. 1923 A-40 unless this restriction precludes all reasonable economic use of the property. Exception: an exception to the ridgeline regulation may be granted if the decision-making body makes the findings that: 1. There are no site development alternatives which avoid ridgeline development; 2. The density has been reduced to the minimum allowed by the general plan land use designation density range; 3. No new subdivision lots are created which will result in ridgeline development; and 4. The proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the visual impacts of the development, as viewed from all public viewing areas. ILLUSTRATION 14.12.030 ILLUSTRATION OF RIDGELINE HOME STANDARDS loo, M1ID66 LINE - - NO BUILDING WITHIN VERTICAL FEET F. Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2) additional on-site parking spaces shall be provided (not on the driveway apron) for single-family residential development. These spaces should be conveniently placed relative to the dwelling unit which they predominately serve. This requirement may be waived or reduced by the hearing body when deemed appropriate or necessary to reduce the need for excessive grading or tree removal, and suitable off-site parking is determined to be available. Further, vehicles should not be allowed to back -out onto a street less than twenty-six feet (26') wide unless approved by the hearing body as necessary to reduce the need for excessive grading or tree removal, or lessen driveway slope, and adequate sight distance, maneuvering area, driveway area, and backup space (which may include paved right-of-way) are provided to facilitate safe and efficient vehicle ingress/egress, as recommended by the public works department, fire marshal and community development director. Driveway and maneuvering areas shall consist of suitable all-weather pavement or permeable hardscape surface approved by the City. G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject to the slope tables established under Chapter 15.07 of the subdivision ordinance. H. Street and Driveways. New street and driveway grades shall not exceed eighteen percent (18%) unless an exception has been granted by the hearing body, and the design has been recommended by the design review board, public works director and fire marshal to allow a driveway or street slope up to a maximum twenty-five percent ('_5° o) grade. Streets and driveways with slopes over fifteen percent (15%) shall be a permanent, durable, non -asphalt hardscape surface. Streets and driveways with slopes over Ord. 1923 A-41 eighteen percent (18%) shall have grooves/scoring for traction. A suitable transition shall be provided at the street and driveway apron to allow vehicles to safely transition to/from roadways and parking areas, as recommended by the department of public works. Further, the design of the driveway apron at the garage shall be subject to review and recommendation from the department of public works to ensure safe and efficient vehicle ingress and egress. I. Design Review Requirement. An environmental and design review permit may be required, consistent with the requirements of Chapter 14.25, Environmental and Design Review Permits. All applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual. (Ord. 1838 § 29, 2005; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 36-38, 6-21-10) Ord. 1923 A-42 CHAPTER 14.13 - WETLAND OVERLAY DISTRICT (-WO) Replace existing Section 14.13.020 with amended text, to read as follows: 14.13.020 Criteria for establishment of wetland overlay (-WO) district for identified and unidentified wetlands. A. These regulations shall apply to all properties located within the city of San Rafael that contain wetlands. The wetland overlay district that is classified on the city's zoning map is applied and adopted on those properties which contain wetlands that have been identified and confirmed by the U.S. Army Corps of Engineers. An inventory of properties that contain known and confirmed wetlands is available in the community development department. B. Wetlands are known to exist throughout the community that are not identified or shown in the wetland overlay district, as they are typically discovered and confirmed as part of a site-specific assessment. Nonetheless, all wetlands are protected under all of the terms and provisions of this chapter. A property containing wetlands that have been confirmed by the U.S. Army Corps of Engineers shall be rezoned to combine the wetland overlay district with the base zoning adopted for the property. C. Submerged properties and tidelands lots that are located within the Water (W) District require compliance with the provisions of the —WO District, except that such properties need not be rezoned to the —WO District. (Ord. 1625 § 1 (part), 1992). Replace existing Section 14.13.040 with amended text, to read as follows: 14.13.040 Property development regulations (-WO). The required and applied development standards shall be those standards adopted for of -the underlying zoning district with which a —WO District is combined, provided that the following additional requirements shall apply and shall govern where conflicts arise. A. Structures in Wetlands. Any structures that are allowed to be placed in wetland areas (per Section 14.13.030(A)) must be designed and constructed to minimize adverse impacts on wetlands through construction on pilings to allow unobstructed flow of water, so as to preserve the natural contour of the wetland and to minimize impairment, alteration or loss of wetlands. B. Wetland Setbacks. 1. A wetland setback shall be measured from the edge of a wetland, as determined through application of the procedures in Section 14.13.05(A), Determination of wetland boundaries. The setback from a creek or drainage way wetland, or from the San Rafael Canal, shall be established and measured consistent with the provisions of Section 14.16.080, Creeks and other watercourses of this title. 2. For wetlands which are neither creeks nor drainage ways, a development -free setback of fifty feet (50'), including but not limited to paving and structures, shall be required. A wetland setback of greater than fifty feet (50') in width may be required on properties larger than two (2) acres in size, as determined through the site development review process. 3. An exception to the minimum wetland setback requirement may be granted by the planning commission for minor encroachments, which would permit a setback reduction of no more than ten percent (10%) of the minimum setback requirement. A minor encroachment may be granted provided that the following can be demonstrated by a qualified wetland expert to the satisfaction of the city: a. The reduced setback or minor encroachment adequately protects the functions of the wetland to the maximum extent feasible; and the environmental values of the wetland will not be impacted by the reduced setback or minor encroachment. City review of an exception from the minimum wetland setback requirement shall include consultation with, and consideration of, comments from the appropriate resource agencies such as the State of California Department of Fish and Wildlife. Ord. 1923 A-43 C. Buffer Measures within Wetland Setback. Within the wetland setback, appropriate measures, such as fencing and screening, landscaping, and natural habitat areas are required to minimize adverse impacts on wetlands and wetland habitat. D. Landscaping and Vegetation within Wetland Setback. Landscaping and vegetation installed within the wetland setback shall be native plant species that are indigenous to the area and selected to enhance and/or protect habitat for the present wildlife species. E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent the disruption or degradation of adjacent wetlands. Best -management practices shall be required to minimize siltation, sedimentation and erosion, subject to approval by the department of public works. To ensure that sediment remains on the site and is not transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with permanent vegetation. F. Stormwater Runoff. Stormwater runoff systems shall be designed to: 1) maintain adequate water flows to the wetland so as to maintain its integrity; and 2) ensure that stormwater runoff is substantially free of debris, pollutants and silt. Stormwater runoff management proposals shall be submitted and are subject to approval by the community development department, planning division and the department of public works. G. Fill. Loss of wetlands due to filling shall be strictly avoided, unless it is not possible or practical. Filling of wetlands is permitted only when it is demonstrated and determined that, due to site constraints and unique site conditions, wetland fill cannot be avoided by reducing the size, scope, configuration, intensity or density of the development, or by changing the design of the development in a way that would avoid or result in fewer adverse effects on the wetland. 1. Mitigation for fill. If it is demonstrated that wetland fill cannot be avoided, the planning commission may approve a use permit to authorize this fill, provided that the filled wetland is replaced, in- kind and on-site at a minimum ratio of 2:1 (two acres of new wetland for every one acre of wetland that is filled). If it is not possible or practical to create new, on-site wetland, off-site, in-kind replacement shall be required at a minimum ratio of 3:1. All wetland fill and replacement shall be reviewed and authorized consistent with the provisions of Section 14.13.080(C), Required wetland restoration or creation, and Section 14.13.070, Findings. 2. Waiver. A waiver to the fill regulations may be granted by the planning commission for fill of small wetlands that are 0.1 -acre in size provided that: a. the wetland is isolated meaning that it is not within, a part of, directly connected with or hydrologically -linked by natural flow to a creek, drainageway, wetland or submerged tidelands; b. it is demonstrated by a qualified wetland expert the preservation of the wetland is not practical as it would not result in a functioning, biological resources because of its isolation; c. the city has determined that filling will result in a more appropriate and desirable site plan for the project; and d. the city consults with and considers comments received from the appropriate resource agencies with wetland oversight (e.g., California Department of Fish and Wildlife and/or California Regional Water Quality Control Board). H. Incentives for Wetland Creation. To encourage the creation of new wetland areas, an exception to the property development regulations of the underlying zoning district pertaining to setbacks, height, landscaping and useable outdoor area may be granted consistent with Section 14.13.080(A), Incentives for wetland creation. I. Wetland Vegetation. Removal of wetland vegetation or changing of drainage characteristics by private parties which adversely affects wetlands shall be avoided and requires a use permit (see Section 14.13.070, Findings). (Ord. 1625 § 1 (part), 1992). Ord. 1923 A-44 CHAPTER 14.16 — SITE AND USE REGULATIONS Replace existing Section 14.16.010 with amended text, to read as follows: 14.16.010 Specific purposes and applicability. Site and use regulations are development standards that are applicable to sites in all or several districts. The site and use regulations listed in this section are intended to ensure that new uses and development will contribute to and be harmonious with existing development, will reduce hazards to the public resulting from the inappropriate location, use or design of buildings and other improvements, and will be consistent with the policies of the general plan. These regulations shall be applied as specified in the district regulations, and as presented in this chapter. (Ord. 1625 § 1 (part), 1992). Replace existing Section 14.16.020 with amended text, to read as follows: 14.16.020 Accessory structures. An accessory structure (i.e., a customarily incidental structure detached from a principal building on the same lot) shall comply with all requirements for principal buildings, with the following exceptions and additional requirements: A. Applicability. These standards shall apply to all zoning districts that permit accessory structures (i.e. a structure detached from a principal building on the same lot, as defined in Section 14.03.030), and shall be in addition to all other standards regulating development of the site. Where any conflict is found to exist, the more restrictive standard shall be applied. B. Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent to the construction of a principal building on the property. C. Building code compliance. Additional setbacks from property lines or adjacent structures shall be provided where required to comply with applicable building codes, as determined by the Building Official. D. Small Wind Energy Systems. Small wind energy systems shall be permitted as regulated under Section 14.16.305. E. Residential Accessory Structures. The following standards shall apply to residential accessory structures: 1. Front and Street Side Yard Setbacks. a. Fountains, trellises, statues and similar decorative yard improvements up to four feet (4') in height, fences, small retaining walls and minor decorative entryway treatments as permitted pursuant to Section 14.16.140.A.1, decks less than twelve inches (12") above grade, and access driveways and walkways may be located within the required front yard setback and/or street side yard setback; provided that such accessory structure shall not conflict with the sight distance triangle of an intersections or driveway required pursuant to Section 14.16.295. b. No other structures or improvements shall be placed within a required front yard or street side yard. c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach into any front yard or street side yard setback. d. Accessory structures shall meet the setback requirements for reverse corner lots, contained in Section 14.04.030(D). 2. Interior Side and Rear Yard Setbacks. a. Zero -foot (0') Setback. The following accessory structures may be located within the required rear and interior side yard setbacks, and up to the property line, subject to conformance with any applicable building code limitations and provision of an unobstructed walkway clearance of at least three feet (3') between above -grade accessory structures and adjacent buildings or the property line in order to provide access around the primary building: Ord. 1923 A-45 i. Accessory structures, unconditioned (e.g., not intended for human occupancy) with a maximum floor area of one hundred twenty (120) square feet and up to eight feet (8') in height measured from grade to roof peak; ii. Fountains, trellises, statues and decorative yard improvements no taller than six feet (6') in height; iii. Retaining walls up to four feet (4') in height above grade (e.g., exposed wall height above finished grade, as determined by the community development director); iv. At -grade walkways and decks less than twelve inches (12") above grade. b. Three-foot (3') Minimum Setback. The following accessory structures may be located within three feet of the rear and interior side yard property line: i. Accessory structures greater than 120 square feet in floor area and up to fifteen feet (15') in height measured from grade to roof peak; ii. Fireplaces, barbecues, self-contained portable spas, spa/pool equipment (additional setbacks and limitations on the placement of spa/pool pump and filtration systems shall be as specified in Section 14.16.320); iii. Uncovered decks twelve inches (12") or more above grade. c. Pools/in-ground spas. A setback of at least three feet (3') or a distance equal to one-half the depth of the pool, whichever is greater, shall be provided from the property line. d. Easements and Property Lines. No structure or portion thereof, including overhangs and foundations, shall obstruct an easement or cross a property line. e. Accessory Structure with Sanitary Facilities. A residential accessory structure that exceeds one hundred twenty (120) square feet in size and includes sanitary facilities shall require (prior to issuance of a building permit) recordation of a deed restriction with the County of Marin to reflect that the detached accessory structure cannot be utilized as a second dwelling unit, unless it complies with the requirements of Section 14.16.285. f. Mechanical equipment shall subject to additional screening and setback requirements, as specified in Section 14.16.320. 3. Alley Setback. An accessory structure shall be located a minimum of five feet (5') from an alley. 4. Coverage. In addition to counting toward the total lot coverage limit that applies to all structures on a parcel, residential accessory structures shall not exceed a maximum of thirty percent (30%) of the required side or rear yard areas. Required front yard areas shall maintain at least forty -percent (40%) pervious landscape area. F. Nonresidential Accessory Structures. The following standards shall apply to accessory structures where permitted in a non-residential zoning district. 1. In a nonresidential district, above ground accessory structures are permitted when such structures do not alter the character of the premises, and when constructed in conformity with all applicable requirements of this title; including floor area ratio requirements of this Chapter 14.16, Chapter 14.18 (Parking Standards) and Chapter 14.25 (Design Review). 2. Shipping and Storage Containers. Shipping and storage containers (e.g., "cargo" containers), or similar all-weather storage containers, may be allowed within an outdoor storage yard that has been approved consistent with the provisions of the underlying commercial and industrial district land use tables, and Section 14.17.120 (Outdoor storage). In all other instances, a storage container shall only be considered as a permanent structure that shall be subject to all of the underlying zoning district development standards, design criteria and provisions of this title (including floor area ratio requirements, parking standards, and Chapter 14.25 [Design Review]). See Section 14.17.130 (Temporary uses) for regulation of a storage container proposed for a temporary use. (Ord. 1802 § 4,2003: Ord. 1731 § 2, 1998; Ord. 1625 § 1 (part), 1992). Ord. 1923 A-46 Add the following new Section 14.16.205: 14.16.025 Refuse enclosure requirement. Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi- family, mixed-use and non-residential development projects. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards of the local refuse collection agency, as well as any requirements of other agencies responsible for review and permitting of the facility; such as building, fire, public works or county health. See Section 14.16.020 for Accessory Structure standards and Chapter 14.25 for Design Review requirements. Add the following new Section 14.16.115 and Map 14.16.115: 14.16.115 Emergency shelters — permanent. A. Purpose. This section establishes standards for location and operation of a permanent emergency shelter for homeless populations in compliance with California Government Code Section 65583, including allowing shelters as a permitted use in some commercial and industrial district locations. This section is not applicable to temporary emergency shelters established by the city in response to an emergency event. B. Applicability. Emergency shelters to provide temporary housing and assistance for families and individuals who are homeless shall be permitted as of right in the GC and LVO districts generally bounded by Bellam Boulevard and I-580, consisting of those shaded parcels within this area, as shown on Map 14.16.115, and at other locations where conditionally permitted by the Land Use Tables of this Title. However, the total number of beds provided within the area shown on Map 14.16.115 shall only be permitted by right as necessary to meet the local housing need established by the General Plan 2020 Housing Element (reflecting regional housing needs assessment (RHNA) projections prepared by the Association of Bay Area Governments and based on the state housing and community development department needs assessment at the time of adoption of the most current Housing Element). A conditional use permit shall be required to provide additional facilities within this area in excess of the RHNA needs assessment identified in the General Plan 2020 Housing Element. All facilities shall be operated in compliance with the provisions herein. Ord. 1923 A-47 Map 14.16.115 San Rafael ZDning Map November 2008 l .b,LUU C. Findings Required. Where a conditional use permit must be obtained to establish an emergency shelter pursuant to the Land Use Tables of this Title, findings shall be made with regard to the performance standards required herein in addition to the use permit findings required pursuant to Chapter 14.22: D. Performance Standards. An emergency shelter shall meet the following development and performance standards: 1. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation. 2. Adequate external lighting shall be provided for security purposes (i.e., one foot-candle at all doors and entryways and one-half foot-candle at walkways and parking lots). The lighting shall be stationary, directed away from adjacent properties and public right-of-ways, and of intensity compatible with the surrounding area. 3. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff: a. Central cooking and dining room(s). b. Recreation room. c. Counseling center. d. Child care facilities. e. Other support services. Ord. 1923 A-48 4. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area, and consistent with the requirements of Section 14.18.040 (Parking Requirements). 5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less than five feet (5') high with a solid -gated opening and that is large enough to accommodate a standard -sized trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse enclosure shall be accessible to refuse collection vehicles. 6. The agency or organization operating the shelter shall comply with the following requirements: a. Shelter shall be available to residents for no more than six months. No individual or household may be denied emergency shelter because of an inability to pay. b. Staff and services shall be provided to assist residents to obtain permanent shelter and income. c. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. 7. No emergency shelter shall be located within three hundred feet (300') of another emergency homeless shelter site; unless permitted through review and approval of a conditional use permit where it is determined the additional shelter location is appropriate and necessary to serve the intended population and would not result in an over -concentration in the community. 8. The facility shall be in, and shall maintain at all times, good standing with city and/or state licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility. 9. The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall comply with the occupancy limit established by the building code. Additionally, the number of beds or clients permitted to be served may be further limited as required by conditional use permit. Replace existing Section 14.16.130 with amended text, to read as follows: 14.16.130 Exclusions to the required minimum yards. A. Architectural features projecting from a structure such as fireplaces, cornices, eaves and canopies may extend no more than two feet (2') into any required yard. Open and uncovered decks, landings and/or stairways may project up to three feet (3') into any required side or rear yard and up to six feet (6') into any required front yard. B. These exclusions to required minimum yards may be combined with a Setback Exception granted pursuant to Section 14.24.0203, provided that a minimum yard area is maintained in keeping with the character of the residential neighborhood. C. Retaining walls four feet (4') or less in height measured from the top of the footing to the top of the wall; and subterranean structures which are located entirely below both existing and finished grade are allowed anywhere within the required yards; except as otherwise regulated under Section 14.16.020 (Accessory Structures). D. Elevated parking decks that are proposed to provided necessary driveway access, required guest parking, and/or access to necessary walkways serving a single-family residence on a steeply downsloping hillside lot (i.e., twenty-five percent (25%) or greater downslope from the street) may be permitted within the required front yard setback. See 14.25 for design review requirements. (Ord. 1838 § 34, 2005: Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992). (Ord. �o. 1882, Exh. A, § 45, 6-21-10) Ord. 1923 A-49 Replace existing Section 14.16.132 with amended text, to read as follows: 14.16.132 Exclusions to maximum lot coverage. The following improvements are not counted as part of lot coverage: ground level landscaped areas, at grade walkways, at grade including steps, and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, paved parking areas covered by solar panel installations pursuant to Section 14.16.307, play and storage structures not requiring a building permit that are one hundred twenty (120) square feet or less in size and eight feet (8') or less in height, and structures that are located entirely below both existing and finished grade. (Ord. No. 1882, Exh. A, § 46,6-21-10) Replace existing Section 14.16.140 with amended text, to read as follows: 14.16.140 Fences and walls. This section establishes regulations for the height, location and materials of fences, retaining walls and privacy walls. The regulations are intended to prevent fences or walls which are a detriment to the appearance and character of the community and to protect the public health, safety and welfare by assuring adequate sight distance is provided and maintained at street intersections and driveways. A. The following height limitations shall apply to the height of fences and walls: 1. Residential Districts. a. Fences and retaining walls not exceeding four feet (4') in height, measured from exterior finished grade, may be located within the front or street side yard setback, provided that the fence and/or wall shall not conflict with the sight distance requirements of Section 14.16.295. Retaining walls up to four feet (4') may be located in any required yard area. b. Retaining walls over four feet (4') in height shall not be permitted within required yards, except when recommended by the design review board for development on a hillside parcel (i.e., property that contains a slope of twenty-five percent (25%) or greater or designated —H Overlay) to minimize grading and/or tree removal impacts. Retaining walls located outside of required setbacks shall otherwise be reviewed subject to the regulations that apply to an accessory structure, in Section 14.16.020. c. Fences not exceeding eight feet (8') in height may be located in an interior side or rear yard, and subject to additional provisions of subsection C below. d. Minor decorative entryway treatments no taller than eight and one-half feet (8.5') in height, such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that there is no vehicular view obstruction (i.e., adequate sight distance shall be provided and maintained, pursuant to the provisions of Section 14.16.295). 2. Recreation Fences. Fences for swimming pools are subject to the requirements of the building code. Fences for tennis courts shall not exceed maximum height limits established for accessory structures, and in no case shall exceed twelve feet (12'). 3. Measurement of Height. The height of a fence, or vegetation or wall, or combined fence and wall structure shall be measured vertically from finished ground level, as determined by the building or planning official, to the top of the structure at any given point (see illustration "Maximum Allowed Fence Height Measurement). Structural and/or decorative elements may not exceed the maximum height limits, except for minor decorative entryway treatments as permitted in this section. Terraced fences and/or retaining walls shall provide a landscaped horizontal separation of at least four feet (4'), otherwise they shall be measured based on the overall combined height, as illustrated below; unless an exception is granted by the community development director under the provisions of Chapter 14.24. Ord. 1923 A-50 Maximum Allowed Fence Height Measurement Fence Max. Allowed Retaining Fence wallHeight T+R—Property Line 4. Exception. An exception to the residential fence and walls height standards may be allowed, subject to the provisions of Chapter 14.24, Exceptions. Exceptions for height should include a landscape setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a taller fence or wall along the streetscape. A minimum setback buffer of six inches (6") should be provided for each one -foot (1') of increased height. B. Sight Distance. Fencing, vegetation and retaining walls located near a driveway or street intersection shall not conflict with the vision triangle requirements established to assure adequate sight distance is maintained for vehicles and pedestrians, pursuant to the provisions of Section 14.16.295. C. Permits Required. Fences over six feet (6') shall be subject to administrative environmental and design review, Chapter 14.25 of this title. Note: A building permit may be is required for fences over six feet (6') in height and retaining walls over four feet (4') or that support the adjacent hillside or property improvements, as determined by the building code. D. Replacement of Fences and Walls. An existing, nonconforming fence or wall is subject to the following regulations: 1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep the fence or wall in sound condition. 2. Alterations and additions may be made to a nonconforming fence or wall, provided that such addition or alteration is consistent with these fence and wall provisions. 3. No nonconforming fence or landscape retaining wall shall be moved or replaced unless it conforms to these fence and wall provisions, except for certain residential fences as provided below. 4. An existing nonconforming residential fence that is located in a front yard or street side yard may be replaced in the same location provided that: a. The fence was previously permitted or authorized by the city, or existed on or before January 1, 1992. The property owner shall provide sufficient documentation including photographs, written testimony, etc. to verify the pre-existing condition. b. The replacement fence may be rebuilt to its previously existing and documented height, subject to request and issuance of a zoning verification review letter by the planning division. d. All necessary permits shall be secured from the city (e.g., approval of a license agreement or encroachment permit if fence is located within the public right-of-way); and E. Prohibited Materials. In all districts, concertina wire, razor wire, broken glass on top of a fence, and electrified fences are prohibited. Barbed wire shall not be permitted where abutting residential uses. In residential districts, wire mesh, chain link and similar fences are prohibited within any yard which fronts a public street, right-of-way or waterway, except as may be required as an environmental mitigation measure. F. Temporary Fences. Temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with the above regulations and must be immediately removed upon completion of the construction authorized by the building permit. Ord. 1923 A-51 G. Non -Residential Fences. An administrative environmental and design review permit shall be required for all non-residential fences to assure the fence would conform to the design and development standards of the underlying district. (Ord. 1838 § 35,2005; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). Replace existing Section 14.16.220 with amended text, to read as follows: 14.16.220 Home occupations. A. Purpose. This section establishes standards for home occupation businesses. In general, a home occupation is an accessory business use in a residence, so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted elsewhere in this section. The standards for home occupations in this section are intended to ensure compatibility with the residential character of the neighborhood, plus assure that home occupations are clearly secondary or incidental in relation to the primary residential use. B. Definition. A home occupation is defined as follows: A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the neighboring residences. When a use is a home occupation, it means the owner, lessee or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. C. Standards. Home occupations are permitted residential accessory uses in any zoning district which allows single-family, duplex or multiple -family residential uses provided that all of the following standards are met: 1. Such occupation(s) shall be conducted solely by resident occupants in their residence, except that a cottage food operation (as defined in the State of California, Health and Safety Code (HSC)113 75 8) shall be permitted to have no more than one full-time equivalent employee, not including members of the household. 2. No more than twenty-five percent (25%) of the gross area of said residence shall be used for such purpose. An accessory structure shall not be used for home occupation purposes. Use of a recreational vehicle or garage for a home occupation is prohibited. 3. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located. 4. There shall be no outside storage of any kind related to the home occupation(s). 5. The home occupation(s) shall be operated to allow no more than one client at a time on-site. Appointments shall be scheduled at reasonable intervals to maintain a low -intensity use and avoid client waits. The home occupation(s) may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. One vehicle, associated with the home occupation(s), may be kept on-site, within a designated parking area, and shall not exceed two and one-half (2'/i) gross tons in unladen vehicle weight provided that the business vehicle license number shall be indicated on the certificate of use and occupancy permit—home occupation or similar. 6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists. 7. All home occupations shall be subject to all conditions which are applied in this Title 14 generally, such as off-street parking; and to all other permits required under the city code, such as building permits and business licenses. D. Nameplate Allowed. Up to one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones—Realtor). It shall not exceed one Ord. 1923 A-52 square foot in area, shall be nonilluminated, and attached flat to the main structure or visible through a window. The limitation to one nameplate applies to all lots, including corner lots. E. Examples of Uses that Frequently Qualify as Home Occupations. The following are typical examples of uses which often can be conducted within the limits of the restrictions established in this chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a home occupation): accountant, architect, artist, attorney-at-law, author, beauticianibarber, computer repair, consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring, insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair, and a cottage food operation, as defined in Section 113758 of the State of California Health and Safety Code, ( e.g., producing non -potentially hazardous foods in the kitchen of the residence for retail sale at or below sales limits established by the State of California, in compliance with all required environmental health permits and clearances, and with no more than one full-time equivalent employee not including members of the household.). F. Uses that are Prohibited. The following uses by the nature of the business or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations or cannot operate in compliance with applicable licensing requirements or the home occupation performance standards and thereby substantially impair the use and value of a residential area for residence purposes (e.g., the use would generate impacts on the surrounding neighborhood that are more frequent than that usually experienced in an average residential occupancy in the district under normal circumstances wherein no home occupation exists. This may include but not be limited to a home occupation that would generate traffic associated with the business outside of normal daytime business hours or on Sundays, or other impacts not typically associated with a home occupation use such as excess vehicle parking or storage of materials or equipment). Therefore the uses specified below, and any use determined by the community development director to be similar in its operations or potential impacts, shall not be permitted as home occupations: a. animal keeping for commercial purposes (such as commercial pet sitting, boarding or animal training); b. auto repair, minor or major; c. auto sales; d. carpentry; e. dance instruction; f. dental or medical offices; g. painting of vehicles, trailers or boats; h. photo -developing or photo studios; i. private schools with organized classes; j. upholstering; k. fortunetelling. 1. medical marijuana dispensary, which is not permitted in any district within the city of San Rafael; in. firearms dealer; n. taxi service, dispatch, or vehicle tow service. (Ord. 1748 § 2. 2000; Ord. 1713 § 3, 1997; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 50, 6-21-10) Add the following new Section 14.16.225: 14.16.225 Kiosks - temporary or permanent. A. Applicability. Operation and establishment of a commercial kiosk at a fixed location on private property shall require submittal of an administrative use permit application, where such use may be conditionally permitted under the Land Use Tables of this Title. These pro- isions do not apply to a Ord. 1923 A-53 commercial peddler, vendor or itinerant merchant activity that is not proposing to operate from a fixed location on a commercial site; which are not permitted to operate on private property. See Chapter 10.48 for the regulations applying to a commercial peddler, vendor and itinerant merchant. B. Standards. 1. A permanent retail kiosk structure shall be subject to compliance with all site and use, parking and design review requirements of this Title. 2. Food and beverage kiosks shall include a Marin County Health Department letter of approval. 3. A movable food and beverage small trailer or cart may be permitted to operate on a commercially developed site, where a kiosk use may be conditionally permitted by the land use tables of the underlying district, subject to the recommendation of the department of public works and a determination that the activity would comply with the following standards: a. The use would primarily serve existing customers, employees and commuters already traveling to or in the area (e.g., pass -by and shared vehicular trips). b. The use shall not obstruct required walkways, driveways or create traffic congestion in the area. c. Adequate parking shall be available for the primary uses on the property with the addition of the proposed kiosk use (temporary and permanent). The use shall not impact parking demand for the primary use(s) of the site or obstruct access to required parking spaces, or have a negative impact on site circulation. d. A maximum of two employees including the owner shall be permitted to operate the facility; except that an additional employee may be allowed, as needed, to provide traffic control. e. The food and beverage equipment shall be approved by the Marin County Health Department. f. The trailer or cart associated with the use shall be moved and stored in a permitted screened location on-site or at an approved off-site commissary location when the business is not in operation. g. The use may be permitted to operate between the hours of 6AM to 9PM weekdays and 7AM to 9PM weekends, and subject to further restrictions on the hours of operation as deemed necessary to mitigate potential traffic or circulation impacts in the area. Add the following new Section 14.16.227. 14.16.227 Light and glare. Colors, materials and lighting shall be designed to avoid creating undue off-site light and glare impacts. New or amended building or site colors, materials and lighting shall comply with the following standards, subject to review and recommendation by the police department, public works department, and community development department: A. Glossy finishes and reflective glass such as glazed or mirrored surfaces are discouraged, and prohibited where it would create an adverse impact on pedestrian or automotive traffic or on adjacent structures; particularly within the downtown environs and in commercial, industrial and hillside areas. B. Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view off-site and avoid spillover onto adjacent properties. C. The foot-candle intensity of lighting should be the minimum amount necessary to provide a sense of security at building entryways, walkways and parking lots. In general terms, acceptable lighting levels would provide one foot-candle ground level overlap at doorways, one-half foot-candle overlap at walkways and parking lots, and fall below one foot-candle at the property line. D. Lighting shall be reviewed for compatibility with on-site and off -sight light sources. This shall include review of lighting intensity, overlap and type of illumination (e.g., high-pressure sodium, LED, etc.). This may include a review by the city to assure that lighting installed on private property would not cause conflicts with public street lighting. Ord. 1923 A-54 E. Installation of new lighting fixtures or changes in lighting intensity on mixed use and non- residential properties shall be subject to Environmental and Design Review Permit review as required by Chapter 14.25 (Design Review). F. Maximum wattage of lamps shall be specified on the plans submitted for electrical permits. G. All new lighting shall be subject to a 90 -day post installation inspection to allow for adjustment and assure compliance with this section. Add the following new Section 14.16.243: 14.16.243 Mechanical equipment screening. Equipment placed on the rooftop of a building or in an exterior yard area shall be adequately screened from public view. See Chapter 14.16 for exclusions to maximum height requirements and Chapter 14.25 for design review requirements. Add the following new Section 14.16.295: 14.16.295 Sight distance. Fencing, vegetation and improvements shall be established and maintained only in a manner that does not reduce visibility for the safe ingress and egress of vehicles or pedestrians within a required vision triangle, e.g., fifteen feet (15') from the curb return at any intersection or driveway, or as determined by the director of public works. In general, fencing and improvements or vegetation located within the established vision triangle (as determined below) shall not exceed a height of three feet (3') as measured above the adjacent street pavement. The vision triangle shall be kept free of any visual obstruction between a height of three feet (3') to eight feet (8') above the street grade elevation. The typical vision triangle area shall be determined as follows: Illustration 14.16.295 CURB RETURN "15'— CURB 15'CURB RETURN - VISION TRIANGLE f For locations that have obstructions due to unique site constraints or topography, the vision triangle shall be determined by the director of public works. Ord. 1923 A-55 Add the following new Section 14.16.305: 14.16.305 Small wind energy systems. A. Purpose. This section establishes standards to regulate the design and placement of small wind energy systems on public and private property to minimize the potential safety and aesthetic impacts on neighboring property owners and the community. B. Applicability. Standards for small wind energy systems shall apply in all residential, commercial & office, industrial, planned development, marine, and public/quasi-public zoning districts. Small wind energy systems shall not be permitted in the parks/open space and water zoning districts. C. Development Standards. 1. Height. Tower height of freestanding small wind energy system shall not exceed the maximum height limit above grade established for principal structures in the applicable zoning district, except as may be allowed through design review and consistent with the provisions of Section 14.16.120. The tower height shall not include the wind turbine itself. The total extended height shall include the distance above grade to a blade tip of a wind turbine at its highest point of travel. 2. Setbacks. Small wind energy systems shall be located a minimum distance from all property lines equal to one-half of the total extended height of the unit above grade or the roof mounting point. Small wind energy systems may not be located in a front or side yard setback area. 3. Noise. Small wind energy systems shall operate within the noise limitations established in Section 14.16.320 and Chapter 8.13 of the Municipal Code, except that these limits may be exceeded during severe wind storms. 4. Access. If a climbing apparatus is present on the tower within twelve feet (12') of grade, access to the tower shall be controlled by one of the following means: a. Removal of climbing pegs or rungs within twelve feet (12') of grade, b. Installation of a locked anti -climb device on the tower, c. Installation of a locked, protective fence at least six feet (6') in height that encloses the tower; or d. Other means of security deemed comparable by the building official. 5. Minimum Clearance. A minimum clearance of at least twelve feet (12') shall be maintained from the ground level surface elevation to the blade tip of a wind turbine at its lowest point of travel. 6. Lighting. No illumination of the turbine or the tower shall be allowed, except where required by the Federal Aviation Administration. 7. Signage. No signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification shall be allowed on a small wind energy system. 9. Requirement for Engineered Drawings. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as provided by the manufacturer. D. Abandonment. A wind turbine which is inoperable for six (6) consecutive months or deemed unsafe by the building official shall be removed by the owner. Add the following new Section 14.16.307. 14.16.307 Solar installations. A. Solar installations on developed properties. As provided under federal law, installation of solar panels on the roof of permitted structures and paved parking areas or on the grounds of developed property that are intended to offset the energy demand of the use of the property and in compliance with all applicable zoning district development standards shall be permitted by right, subject to issuance of a building permit and ministerial review for compliance with the following standards: 1. An environmental and design permit shall not be required for a solar installation proposed on a developed property, consistent with these provisions and Section 14.25.040.D.4. Ord. 1923 A-56 2. A solar installation shall include all associated equipment, such as an inverter required to convert power from direct current "DC" to alternating current "AC" and connections made between the site and power grid equipment. Associated equipment does not include a substation. 3. The solar installation shall not be placed within any required front or exterior side yard setback or within a required landscape area. Further, the solar installation shall not require removal of any required landscaping improvements or native vegetation that is within a required natural state area established pursuant to the Hillside Overlay District regulations of Chapter 14.12. Landscaping modifications may require design review approval, pursuant to Chapter 14.25. 4. Consistent with state law (Ca Civil Code Section 714.1 — Solar Rights Act, amended 2004), private covenants, conditions and restrictions (CC&R's) cannot prohibit installation of solar equipment on buildings. 5. The city may impose reasonable restrictions that do not significantly increase cost of systems for solar heating more than 20 percent (20%) or photo -voltaic more than $2,000, or decrease efficiency more than 20 percent (201/6). 6. The City may require that panels be designed with low -reflectivity or glare -resistant surfaces to the extent necessary to protect public health, safety and welfare, be placed as close to roof or grade surface as feasible, and provide screening of the structural supports, as deemed necessary and feasible; subject to limitations imposed by state law regarding impact upon the cost and efficiency of the solar energy system. The facility may not be denied solely for aesthetic reasons. 7. Consistent with the provisions of state law, shade control protections, private parties can resolve any disputes with respect to the Solar Shade Control Act (Ca Public Resources Code Div. 15, Section 25980 et. seq., Solar Shade Control Act) through a civil action. B. Solar energy production facilities for off-site power distribution. A conditional use permit approval shall be required to establish a solar energy production facility that is intended to produce energy for distribution to the power grid, that is proposed other than on existing buildings or paved parking lots (e.g., solar power plant or "energy farm", as regulated under Ca Codes Public Utilities Code Section 2868-2869, as it may be amended from time to time). Solar energy production facility(s) shall only be established where "utility facilities" are listed as a conditionally permitted quasi public use in the underlying zoning district land use table(s). Replace existing Section 14.16.320 with revised text, as follows: 14.16.320 Swimming pools, hot tubs, and other mechanical equipment. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach into any front yard or street side yard setback. No pump or filter installation, air conditioning unit or similar mechanical equipment, including new but not limited to transformers for electric vehicle charging stations and wind energy systems, shall be less than five feet (5') from any property line. If a pump or filter or any similar mechanical equipment, including new but not limited to transformers for electric vehicle charging stations and wind energy systems, is located within fifteen feet (15') of any bedroom window on an adjacent lot, a three (3) sided solid enclosure with baffles to screen the equipment from the bedroom, or equally effective measure(s), shall be provided to reduce noise impact. Sound attenuation shall be provided around mechanical equipment to ensure that any mechanical noise that is perceptible at the property line (and generally measured in direct line of sight of the equipment) is attenuated to the maximum extent practicable and that daytime/nighttime thresholds established under SRMC Table 8.13-1 for the applicable zoning district are not exceeded. (Ord. 1625 § 1 (part), 1992). Ord. 1923 A-57 Replace existing Section 14.16.360 with revised text, as follows: 14.16.360 Wireless communication facilities. A. Purpose. This section establishes standards to regulate the design and placement of towers, antennas, and other wireless communication transmission and/or reception facilities (hereinafter called wireless communication facilities) on public and private property to minimize the potential safety and aesthetic impacts on neighboring property owners and the community, and to comply with applicable state and federal laws, including the Federal Telecommunications Act of 1996. To fulfill this purpose, this section is intended to: 1. Establish review and approval requirements, application submittal requirements, and development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the city and to ensure public health and safety, consistent with federal law and Federal Communications Commissions (FCC) regulations. 2. Acknowledge the community benefit associated with the provision of wireless communication services within the city. 3. Encourage the joint use of new and existing ground mounted facility monopole/tower sites as a primary option rather than construction of additional single -use towers. 4. Allow the community development director, or delegated staff, to make certain determinations under the provisions of this section. B. Zoning Review Required. 1. Ministerial Review. A staff level ministerial review shall be required and obtained from the community development director, and no discretionary use permit or environmental design review planning permits shall be required, for the following types of wireless communications facilities to assure compliance with the requirements of subsections G, H, I, J, K, L and M of this section: a. Co -located facilities on an existing approved monopole or tower structure (i.e., ground mounted facility) that utilizes or improves stealth design characteristics of the facility, and/or does not substantially increase the visible height or overall dimensions of the structure and/or ground lease area. The alteration or addition shall not significantly change the appearance of the existing facility or its stealth design features, or increase visual height, overall dimensions, or ground lease area by more than ten -percent (10%). b. Building -mounted facilities, including modification to existing permitted facilities that are architecturally compatible with and entirely integrated into the existing building facade (i.e., stealth design). In general, to be deemed architecturally compatible and entirely integrated with the building facade, the modification shall utilize or improve existing roof -top screening solutions, shall not increase the building height, and shall be flush with and designed to blend into the existing building walls or facades. c. Ministerial review shall not apply to modifications of monopoles or towers, new building additions, extensions, projections, etc. made to existing facilities which the community development director determines would increase the visual impacts of the facility. This shall include extensions to height of a facility that exceeds the height limits of the base zoning district. In such instances, an environmental and design review permit shall be required for the stealth design modifications pursuant to the provisions of Chapter 14.25. 2. Discretionary Review. A zoning administrator level use permit and an environmental and design review permit shall be required for the following wireless communication facilities pursuant to the requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review Permits, consistent with the provisions of this section:. a. New ground -mounted facilities (towers and monopoles) or significant additions proposed to existing facilities that would increase its visual height, overall dimensions and/or lease area (e.g., more than ten -percent (10%) increase in the existing permitted height, overall dimension, lease area); and b. Any facility which in conjunction with existing facilities in the area, exceeds the Federal Communications Commission (FCC) standards for public exposure for radio frequency radiation (RFR) emissions. Ord. 1923 A-58 c. The community development director may determine that minor modifications to an existing facility shall be subject to an administrative level design review. In general, to be deemed a minor modification, the alteration or addition shall not significantly change the appearance of the existing facility or its stealth design, or increase visual height, overall dimensions, or ground lease area by more than ten - percent (10%). d. The community development director may elevate the project for review and action by the planning commission or refer a project to the design review board for its recommendation, as determined necessary to assure that appropriate stealth designs are being proposed to the maximum extent practicable, that the facility location is suitable, that development appropriately responds to its setting, and that the requirements of this section are substantially addressed. C. Appeals. All discretionary decisions of the community development director, zoning administrator, or the planning commission may be appealed in accordance with the provisions of Chapter 14.28, Appeals. D. Application Requirements. Applications for a use permit and/or an environmental and design review permit shall be initiated by submitting all of the following information and any revised application materials in the manner prescribed: 1. A completed application form, signed by the property owner or accompanied by a letter of authorization that states the property owner has read and agrees to the filing of the application as well as the specific Conditions of Application cited on the application form, and accompanied by the required fee. Application procedures and processing timeframes shall be in accordance with state law requirements and the procedural guidelines established by the'community development director. 2. Peer Review. Prior to accepting an application as complete, the city may require at its sole discretion that a peer review of the project be conducted by a qualified RF engineering consultant, as deemed necessary to confirm the adequacy of the RFR study and/or the technical design requirements of the facility. The consultant shall be selected by the city and paid for by the project applicant. Peer review is typically required for new ground -mounted monopole or tower facilities, building mounted facilities lacking stealth design, facilities proposed within the less -preferred residential and open space areas, or RFR studies that are deemed to warrant further review. 3. Submittal/Re-submittal Meeting Required. Applications for a wireless antenna facility must be made in person during the community development department, planning division public counter hours. A pre -submittal meeting is encouraged and a re -submittal meeting shall be required. Applications and any subsequent resubmittals that are not made in person and during scheduled times shall not be deemed accepted for filing and will be returned. 4. Pre -application or Conceptual Review. A pre -application and/or conceptual review are strongly recommended prior to submitting formal applications for new ground -mounted monopoles or towers, new building mounted facilities or projects in less -preferred residential and open space areas. 5. Revised applications. Unless waived by the community development director, resubmitted applications that result in a substantially revised facility design, size, height or location such that a new round of completeness review is warranted, shall be required to be withdrawn and a new application shall be filed for the substantially revised project. 6. Extensions of time. Applications deemed incomplete must be resubmitted within 30 days or they shall be deemed automatically withdrawn, unless the applicant has requested a one-time extension in processing time to resubmit, not to exceed 90 days. If the application is deemed automatically withdrawn, a new application shall be required in order to proceed with the project. 7. Six (6) initial sets of materials and plans showing the following information: a. Project Description. A complete project description, including the following information on the proposed wireless communication facility: i. Number and sizes of antennas and approximate orientation. ii. Other technical information regarding transmission equipment such as maximum power output and frequencies, iii. Copy of FCC license, iv. Heights of proposed facilities, Ord. 1923 A-59 v. Equipment enclosure type and size, vi. Materials and colors of antennas and any equipment enclosure, vii. Description of towers or other structures necessary to support the proposed facilities, and viii. Description of lighting, signage and landscaping proposed. b. Site Plan(s). A site plan, showing the overall property on which the facility will be placed, and a detail site plan for the project area, as needed for large sites, provided on a twenty -four -inch -by - thirty -six-inch (24" x 36") sheet of paper and an eleven -inch -by -seventeen -inch (11" x 17") reduction, and including the following information: i. Vicinity map, ii. Parcel lines of the subject parcel, iii. Contextual map showing structures on adjacent properties, iv. Location and names of adjacent streets and drives proposed to serve as access to the facility, v. Topography of the subject parcel and location of any drainages within or adjacent to the site, vi. Location of all existing buildings, structures, utilities, parking areas, significant trees and other natural forms, or other features which might affect the proposed use of the property, vii. Setbacks of proposed structures and improvements from the property lines, viii. Location and height of required cuts and fills for the grading of land and any retaining walls proposed, ix. Location of proposed development including all towers, structures, buildings, utility line extensions, driveways or roads, and parking areas, x. Schematic drainage and grading plan, and xi. North arrow, graphic scale, the applicant's name, assessor's parcel number and date prepared. c. Elevations. Elevations showing all sides of the proposed facility set forth on a twenty -four - inch -by -thirty -six-inch (24" x 36") sheet of paper, and an eleven -inch -by -seventeen -inch (11" x 17") reduction, including the following information: i. Elevations and sections of the site displaying site topography, proposed facilities including towers, equipment shelter and existing buildings, ii. Wall, roof, tower and antenna materials, iii. Fencing, air conditioning units and outdoor lighting, if any, iv. Rooftop or building features such as vents, chimneys and antennas, and v. Building or tower height as measured from natural grade. d. Photo -Simulations. Photo -simulations of the proposed facility from key public viewpoints based upon consultation with city staff. Photo -simulations shall display existing and proposed views in an eleven -inch -by -seventeen -inch (11" x 17"), or larger, format, with the dates shown when the base photo was taken. e. Landscape Plan. A landscape and irrigation plan, showing all existing and proposed improvements, location of proposed plantings and type of landscape material, for proposed ground -mounted facilities including equipment cabinets. 8. Alternative Site Analysis. An alternative site analysis is required if the proposed facility is: a. Located within any district other than a commercial or industrial district; b. Located within fifty feet (50') of a "Less Preferred Location," as defined in subsection (G)(2) of this section (i.e., parks, open space or residential zoning district); c. Lacking stealth design: or d. Not co -located with an existing approved facility. The alternative site analysis shall be presented in a narrative form with supporting maps and other graphics that identify the other site locations considered and rejected in favor of the proposed site. The applicant shall provide supporting reasons why the alternate sites were infeasible and rejected, why co - Ord. 1923 A-60 location or building -mounted location has not been pursued (if applicable), and why the proposed site is superior from a technical or other standpoint to the others considered. 9. Future Co -Location. For new ground -mounted towers or monopoles, a signed statement that the carrier, or its future successors, will cooperate with the city to allow future co -location of antennas at the proposed site if it is approved and that the carrier has reviewed and agrees to comply with all post -approval requirements ofthis.section. 10. Story Poles. Story poles or mock-ups may be required if deemed necessary by the community development director. 11. Radio Frequency Radiation (RFR) Study and FCC Compliance Details. For the sole purpose of verifying compliance with the FCC radio frequency emission standards, an emissions report which measures the predicted and actual levels of electromagnetic field radiation emitted by the proposed facility operating alone and in combination with radiation emitted from other existing or approved facilities that can be detected at the proposed facility site. Radiation measurements shall be based on all proposed (applications filed and pending), approved, and existing facilities operating at maximum power densities and frequencies. The study shall identify the existing and predicted electromagnetic field radiation in table form, identify any measures required to comply with the FCC standards for predicted exposure levels, provide a summary of the conclusions of the report and provide details for any signage, barriers or similar mitigation that is recommended or required. If mitigation is required, the details for signage, barriers or other physical improvements shall also be included on the project plans prepared for the facility. It is the responsibility of the applicant to determine the location and power of existing facilities. 12. Noise Analysis. A noise analysis for emergency generators or other noise -producing facilities. Applications accepted as complete. Once an application has been accepted as complete, it shall be promptly scheduled for hearings, and a decision shall be made based upon the quality of the information presented by the applicant. E. Exemptions. The following types of facilities are exempt from the provisions of this section: 1. Facilities for which zoning permit applications were approved by the city and/or building permits were issued on or prior to the effective date of this section and which remain valid (i.e., not expired) shall be exempt from the review and approval requirements of this section, except for the requirements for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed modifications to existing facilities which shall remain applicable; 2. Facilities owned and operated by public agencies; and 3. Proposed facilities that would be located. entirely within a building and only serve that building. F. Public Notice. Notice of a public meeting or hearing for a wireless communication facility subject to a use permit and/or environmental and design review permit shall be given in accordance with Chapter 14.29, Public Notice, except that a public notice shall be mailed to all property owners within one thousand feet (1,000') of any proposed facility that includes a tower or monopole. Public hearing and notice shall not be required for minor modifications made to existing facilities that the community development director determines, pursuant to the provisions of Section 14.16.360.B.3, would require only an administrative level environmental and design review permit. G. General Location Standards. The most desirable location for new wireless communication facilities is co -location on existing facilities or buildings. All wireless communication facilities shall be sited to avoid or minimize land use conflicts in compliance with the following standards: 1. Preferred Locations. The following list of preferred locations for wireless communication facilities is in order of preference from most to least preferred: Industrial, public or quasi -public, commercial and office zoning districts are the preferred locations. 2. Less Preferred Locations. The following less preferred locations are listed in order of preference from most to least preferred: Parks or open space and residential zoning districts. 3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within residential, designated open space or conservation areas unless sufficient technical and other information is provided to demonstrate to the satisfaction of the planning commission or zoning administrator that location in such areas is appropriate, subject to the following findings: Ord. 1923 A-61 a. The location of the proposed facility site is essential to meet the service demands of the carrier and no other alternative co -location, existing development or utility facility site, or type of antenna support structure is feasible. This shall be documented by the applicant providing a list of the locations of preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure these preferred sites, and the specific reasons why these efforts and measures were unsuccessful. b. The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources and public safety. 4. Avoid Significant Buildings and View Sheds. Wireless communication facilities shall not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and shall not interfere with prominent vistas or significant public view corridors. H. Design Requirements. 1. Co -Location. All new wireless communication facilities service providers shall co -locate with other existing and/or planned new wireless communication facilities whenever feasible. Service providers are encouraged to co -locate with other existing facilities such as water tanks, light standards and other utility structures where the co -location is found to minimize the overall visual impact of the new facility. 2. Stealth Design. All wireless communication facilities shall have a stealth design to screen or reduce visual impacts and blend the facility into the existing environment. Examples of stealth design are facade -mounted antennas located within architectural features so they are screened from view, or an antenna design that mimics architectural features so they appear to be architecturally integrated as a part of the building design, or facilities with colors and materials to minimize visibility such as a non -reflective finish in a color compatible with the surrounding area. Stealth tower, monopole or building design should seamlessly integrate with its setting and/or building facade. A seamless integration would include fagade mounted facilities that are flush with the existing building wall or window plane and that are finished to match the existing textures and finishes, or a high-quality faux tree or similar monopole/tower design that would match existing surrounding vegetation or site characteristics. Referral to the design review board may be required to confirm whether a particular design solution would clearly integrate into an existing building or site and meet the intent of stealth design. 3. Ground -Mounted Facilities. All new ground -mounted wireless communication equipment, antennas, poles, dishes, cabinet structures, towers or other appurtenances shall be: a. Co -located on existing structures to the extent feasible. Co -location is preferred over new monopoles or other towers erected specifically to support wireless communication facilities unless technical evidence demonstrates that there are no other alternative sites or feasible support structures or the use of a monopole or tower would avoid or minimize adverse effects related to the view shed, land use compatibility, visual resources and public safety. b. Sited to be screened by existing development, topography or vegetation to the extent consistent with proper operation of the wireless communication facility. Additional new, irrigated vegetation, or other screening, may be required as a condition of approval. c. Designed using high-quality techniques to minimum surrounding vegetation or features in order to blend into the site to the maximum extent practicable. 4. Roof and Building -Mounted Facilities. Roof and building -mounted antennas and equipment shall be: a. Sited and designed to appear as an integral part of the structure or otherwise minimize their appearance. Placing roof -mounted antennas in direct line with significant view corridors shall be avoided. Where appropriate, construction of a rooftop parapet wall to hide the facility may be required. b. Integrated architecturally with the design, color, materials and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within an existing or newly -created architectural feature (e.g., cupolas, dormers, chimneys or steeples) so as to be completely screened from view. To the extent feasible, building -mounted antennas shall not be located on the front, or most prominent facade of a structure, and shall be located above the pedestrian line -of -sight. Ord. 1923 A-62 c. Whenever possible, base stations, equipment cabinets, back-up generators, and other equipment associated with building -mounted antennas shall be installed within the existing building or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. 5. Signage. No advertising signage or identifying logos shall be displayed on any wireless communication facility except for small identification plates used for emergency notification and legally required hazard warnings. 6. Waiver Request. A waiver from these requirements may be requested if the applicant can show, by substantial evidence, that compliance with a particular requirement is technologically infeasible or would result in an unreasonable interference with signal quality. The applicant will be required to prove that there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review conducted by a qualified RF engineering consultant selected by the city and paid for by the project applicant. I. Development Standards. 1. Height. The maximum height of building -mounted antennas shall be in compliance with the height limitations for the zoning district in which they are located. An exception to antenna height may be granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and mechanical screening features related to wireless communication facilities, shall be regulated subject to Section 14.16.120 of this chapter. 2. Setbacks. a. Towers, guy wires, and accessory structures, including equipment cabinets, shall comply with the setback requirements of the applicable zoning district. Towers and support structures shall be located a minimum of two hundred feet (200') or at least three (3) times the height of the tower, whichever is greater, from existing residential units or vacant residentially zoned property. b. Building -mounted facilities may be permitted to extend up to two feet (2') horizontally beyond the edge of the structure regardless of setback requirements through the application review process, provided that the antenna does not encroach over an adjoining parcel or public right-of-way or otherwise create a safety hazard. J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and enhances existing vegetation and provides new landscape material to screen proposed facilities through the following measures: 1. The emphasis of the landscape design shall be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the adjacent area. 2. Existing trees and other screening vegetation in the vicinity of the proposed facility shall be protected from damage both during and after construction. Submission of a tree protection plan prepared by a certified arborist may be required. 3. All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion. 4. Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan. The city may impose a requirement for a landscape maintenance agreement as a condition of approval. L. Noise. Wireless communication facilities shall be constructed and operated in a manner that minimizes noise. Noise reduction shall be accomplished through the following measures: 1. Wireless communication facilities shall operate in compliance with the noise exposure standards in San Rafael Municipal Code Chapter 5.13. Noise. Ord. 1923 A-63 2. Normal testing and maintenance activities shall occur between eight a.m. (8:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, excluding emergency repairs. 3. Backup generators shall comply with the same noise standards referenced in subsection (L)(1) of this section and shall only be operated during power outages, emergency occurrences, or for testing and maintenance. M. Radio Frequency Radiation (RFR). 1. RFR Standards. Wireless communication facilities operating alone and in conjunction with other telecommunication facilities shall not produce RFR in excess of the standards for permissible human exposure as adopted by the FCC. 2. RFR Report. Applications for wireless communication facilities shall include a RFR report, prepared by a qualified expert, which identifies the predicted and actual (if available) levels of RFR emitted by the proposed facility operating by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies. N. Post -Approval Requirements. 1. Validation of Proper Operation. Within forty-five (45) days of commencement of operations, the applicant for the wireless communication facility shall provide the community development department with a report, prepared by a qualified expert, indicating that the actual RFR levels of the operating facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with the standards established by the FCC for RFR. 2. Five -Year Review. The owner or operator of a wireless communications facility shall participate in the measurement by the city of the RFR of the facility, which shall be conducted on a five (5) year cycle. The requirement for a five-year review shall be made a condition of approval for all wireless communication facilities. The city will contract to perform the testing with a qualified expert and the owners or operators shall bear the proportionate cost of testing for its facility. The city will establish procedures for: a. Scheduling the five-year review period; b. Hiring an expert to perform RFR testing; c. Collecting reasonable fees; and d. Enforcement actions for nonpayment of fees. 3. Notification of Abandonment of Use. The owner or operator of an approved wireless communication facility shall remove any abandoned facilities or restore the existing approved use of a facility within ninety (90) days of termination of use. 4. Changes Affecting RFR. Any operational or technological changes to an approved wireless communication facility affecting RFR exposures shall be reported promptly to the city, including any change of ownership. The city may require new RFR testing within forty-five (45) days of notification. 5. Changes to FCC Standards. Owner or operators of all approved wireless communication facilities shall make necessary changes or upgrades to their facilities in order to comply with any newly adopted FCC standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after notification of the changed FCC standards and the owner or operator shall notify the city in writing that the upgrades have been completed. 6. Co -Location and Facility Upgrade Agreement. Owners or operators of all approved wireless communications facilities shall agree to make their facility available for co -location with other carriers. Modifications to the facility design shall be allowed to accommodate additional carriers on a site, as well as to restore, replace, or upgrade any screening that is deemed obsolete and removed as a result of modifications made to the primary site structure, or concurrent with any upgrades proposed to the subject facility. 7. Owners or operators of all approved wireless communications facilities shall be responsible for maintaining the effectiveness of screening of its facilities, in compliance with project approvals. This shall include pursuing modifications of existing approvals, as necessary, should changes be made to the site or primary structure that would reduce the effectiveness of screening provided for the facility. Ord. 1923 A-64 N. Definitions. 1. "Ground Mounted Facility" means a monopole, tower or any structure built for the sole or primary purpose of supporting FCC -licensed wireless communications facility antenna and their associated facilities. Wireless antenna facilities and equipment that are mounted onto an existing structure, including existing utility poles, shall be considered building mounted co -located on an existing structure. 2. `Base station" consists of "radio transceivers, antennas, coaxial cable, a regular and back-up power supply, and other associated electronics. 3. "Lease area" means the defined area on the ground or on a building in which wireless facility equipment is placed and/or enclosed. (Ord. 1823 § 1 (Exh. A) (part), 2004). Replace existing Section 14.16.3 70 with revised text, as follows: 14.16.370 Water -efficient landscape. A. Purpose and Authority. Effective January 1, 2011, certain new construction and rehabilitation projects that include landscape and irrigation improvements are required to comply with water -efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael hereby adopts by reference, the Marin Municipal Water District (MMWD) Ordinance No. 414 (Water Conservation), as adopted and periodically amended, and designates MMWD, the local water provider, to implement, enforce, and monitor the requirements of this ordinance. For projects that are subject to the water -efficient landscape requirements, the city defers to MMWD to administer the provisions of this chapter, which include: 1. The application and monitoring of a "maximum applied water allowance," that is established for applicable projects. 2. The review of required landscape and irrigation plans, specifications and supportive documents prepared for applicable projects for compliance with water -efficient landscape restrictions, including limitations on the type and amount of landscape materials and plant species. 3. The review, inspection and approval of landscape and irrigation that is installed for applicable projects to ensure compliance with the approved landscape and irrigation plans and specifications. 4. The post -installation monitoring of water usage for irrigation by applicable projects. B. Applicability. The provisions of this section and the MMWD Ordinance as adopted and periodically amended are applicable to the following projects: 1. Any project that proposes new or rehabilitated landscapes which are developer -installed in single- family residential and all other residential developments, regardless of size, where the proposed landscape area is equal to or greater than two thousand five hundred (2,500) square feet; 2. Any project that proposes new or rehabilitated landscapes which are homeowner provided and/or homeowner -hired in single-family residential, two-family residential and multiple -family residential developments, where the proposed landscape area is equal to or greater than five thousand (5,000) square feet; 3. Any new nonresidential construction projects exceeding one thousand (1,000) square feet of landscaped area; 4. Any project that proposes new or rehabilitated landscapes which are developer -installed in nonresidential developments where the proposed landscape area is equal to or greater than two thousand five hundred (2,500) square feet. C. City Review of Applicable Projects. City review of applicable projects shall be processed as follows: 1. Projects Requiring Approval of an Environmental and Design Review Permit. When an applicable project is subject to an environmental and design review permit pursuant to chapter 14.25 of this title, the landscape and irrigation plans required by and submitted with this permit application shall be designed and prepared to comply with the provisions and requirements of MMWD Ordinance as adopted and periodically Ord. 1923 A-65 amended. The approval of an environmental and design review permit shall be conditioned to require the applicant to provide written verification of plan approval from MMWD prior to the issuance of a building permit and/or grading permit. 2. Projects Requiring a Building Permit and/or Grading Permit only. When an applicable project is not subject to an environmental and design review permit but is required to secure a building permit and/or grading permit, such permits shall not be issued until the applicant has secured, in writing, MMWD approval of the landscape and irrigation plans confirming compliance with MM" Ordinance as adopted and periodically amended. D. Inspections and Post -Installation Monitoring and Enforcement. MMWD shall be responsible for: 1. Inspecting and approving all landscape and irrigation installed for applicable projects prior to project completion and/or occupancy; and 2. Monitoring water usage for installed landscapes to ensure compliance with MMWD Ordinance as adopted with amendments. All enforcement actions for ordinance noncompliance or violations shall be administered by MM". Ord. 1923 A-66 CHAPTER 14.17 — PERFORMANCE STANDARDS Replace existing Section 14.17. 010 containing revised text, as follows: 14.17.010 Specific purposes. Performance standards provide criteria for issuing administrative use permits and certain other use permits that require minimal discretion and review. (See Chapter 14.21 for additional information on the administrative use permit process.) The performance standards listed in this section are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the general plan. Replace existing Section 14.17.020 containing revised text, as follows: 14.17.020 Animal keeping. A. Purposes. Performance standards related to noncommercial animal keeping protect the public health, safety and general welfare by limiting numbers of animals which may be kept, maintaining sanitary and humane conditions for animals, and limiting potential nuisance factors which may result from the keeping of animals. B. Applicability. Performance standards for the noncommercial keeping of animals, including mammals, birds, reptiles and bees unless specifically exempted by this subsection shall apply throughout the city of San Rafael. (See list of exemptions below.) An administrative use permit shall be required for the keeping of animals .within the city of San Rafael. The following animals are exempt from these regulations: 1. Fish; 2. Three (3) or fewer domestic dogs, not including wolf -hybrids, over the age of four (4) months per dwelling unit; 3. Ten (10) or fewer domestic cats over the age of four (4) months per dwelling unit; 4. Any number of domestic dogs, cats or potbellied pigs under the age of four (4) months; 5. Three (3) or fewer potbellied pigs (not including hybrids over seventy (70) pounds); 6. Four (4) or fewer hens (i.e., female domesticated chicken); 7. Ten (10) or fewer of the following: a. Soft -billed birds (myna, toucan, toucanettes, not including ducks or geese), birds of the Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries, b. Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and c. Nonnative, nonpoisonous snakes, chameleons and iguanas. 8. Beekeeping. C. Other nonexempt animals are subject to individual case review, and may be subject to the following types of standards: 1. Requirements for identification of animal guardianship, such as tagging or microchipping; 2. Requirements for spaying or neutering of animals; 3. Requirements for fences or fenced stockade areas; 4. Requirements regarding provision of food and water supply, such as supply locations, requirement for closed, rodent -proof containers, etc.; 5. Requirements to secure or sequester animals in shelters during specified hours of the day or night to minimize possible noise impacts; 6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces and urine; Ord. 1923 •x-67 7. Requirement that all places and premises where the animal is to be kept shall be open at all reasonable times and places to the inspection of the code enforcement manager or code enforcement officer, or other code enforcement officials, and the county health officer; 8. Verification of receipt of appropriate California Department of Fish and Game permits; 9. Verification of required vaccinations. In approving the application for an administrative use permit for the keeping of animals, the community development director may impose additional conditions that are deemed necessary to ensure the permit will be in accordance with the findings required by Section 14.21.080. D. Findings. In order to grant an administrative permit for the keeping of animals the following findings shall be made: 1. Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law. 2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment. 3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property. 4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely affecting the enjoyment of nearby property. 5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property. 6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances. 7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents. 8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat. E. Nonconforming Animal Keeping, Declaration of Public Nuisance. The city council declares to be a public nuisance any lot where animal keeping is operating in a manner that is not in conformance with this section. (Ord. 1740 §§ 2-5, 1999; Ord. 1625 § 1 (part), 1992). Add new Section 14.17.120, as follows: 14.17.120 Outdoor storage. Outdoor storage may be permitted where the incidental storage of equipment and materials would be appropriate and related to a primary use or ongoing business operation. Such activities would typically be associated with industrial and light industrial storage yards or utility yard uses, and commercial contractor or commercial building supply uses. A. The following standards shall apply to the establishment of outdoor storage uses on non-residential properties, where such activities are listed as a conditionally permitted use in the land use tables of the underlying district. 1. Outdoor storage uses shall be screened from public view with fencing, enclosure, structure and'or landscaping as appropriate and necessary for the underlying zoning district, to provide a buffer between adjacent uses, and to screen the use from public view. 2. Outdoor storage shall not be placed within required yard setbacks, landscape or parking areas required for the use or site. 3. Outdoor storage may also be subject to design review, as required by Chapter 14.25. B. An "outdoor storage" land use is not permitted within a residential district. Temporary placement of moving or storage containers or debris boxes on a residential property, within a driveway or required yard area, may be allowed for a limited duration, generally not to exceed 90 days, or as otherwise provided under the terms of a building permit issued. for the site. Ord. 1923 A-68 Replace Section 14.17.130 containing revised text, as follows: 14.17.130 - Temporary uses. A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas. B. Applicability. Performance standards for specified temporary uses shall apply in any district where a temporary use is a conditional use. Performance standards for temporary uses shall be administered through an administrative use permit in all commercial, office and industrial zoning districts, or a use permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an approved or valid development plan). The following temporary uses are subject to performance standards: 1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for periods not exceeding thirty (30) consecutive calendar days; 2. Trailers/mobilehomes that provide residences for security personnel associated with any construction site; 3. Trailers/mobilehomes that provide offices for the following temporary uses: a. Temporary or seasonal businesses such as carnivals or Christmas tree sales, b. Business offices or sales facilities where construction of a permanent facility is being diligently completed, c. Construction offices where construction is being diligently completed, d. Real estate offices on-site of a proposed subdivision until such time as the notice of completion is filed with the building inspection division, e. Financial or public utilities that are required to maintain a place of business at a location at which no permanent structure suitable for the purpose is available; 4. Fairs, festivals, concerts, farmer's markets, swap meets or other special events when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities; 5. Similar temporary uses which, in the opinion of the community development director, are compatible with the district and surrounding land uses. Temporary uses may be subject to additional permits, other city department approvals, licenses and inspections as required by applicable laws or regulations. Temporary uses which may have specific regulations specified in the municipal code include such uses as: Meetings, Assemblies and Parades in Public Places (Chapter 5.70) and Carnivals, Circuses (Chapter 10.44). C. Exemptions. 1. Events which occur in theaters, meeting halls or other permanent public assembly facilities; 2. Carnivals, fairs, bazaars or special events held on school premises or at religious institutions; 3. Special events less than seventy-two (72) hours and sponsored by the San Rafael business improvement district; 4. Events which receive street closure approval from the city council. 5. Recycling or "e -waste" collection events conducted or sponsored by a public agency for the purpose of collecting non -recyclable items such as electronics, paint or other materials and preclude deposit of such items into the sanitary landfill, when located on a developed non-residential property for a maximum duration of three (3) consecutive days and no more than (2) times annually (calendar year). D. Findings. 1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. Ord. 1923 A-69 3. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate. 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the community development director. In approving the application for an administrative permit for a temporary use, the community development director may impose conditions that are deemed necessary to ensure the permit will be in accordance with the required findings and standards. E. Standards. The applicant shall provide information to show that the following standards have been satisfactorily addressed: 1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city public works department and the police department. 2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat shall be provided to the satisfaction of the community development department, planning division. 3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the community development department, planning division for consistency with base district regulations and other zoning ordinance requirements. 4. Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the county health department. 5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the community development department, planning division. 6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to the satisfaction of the community development department, planning division. 7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the community development department, planning division. 8. Performance Bonds. A performance bond or other security deposit shall be submitted to the city finance department to assure that any temporary facilities are removed from the site within a reasonable timeframe following the event and that the property is cleaned up and restored to its former condition. 9. Public Safety. Security and public safety measures shall be provided, including traffic control measures if needed, to the satisfaction of the police department. 10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with Marin County health department standards and permit requirements. 11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 62, 6-21-10) Ord. 1923 A-70 CHAPTER 14.18 - PARKING STANDARDS Replace Section 14.18.040 and Chart 14.18.040 containing revised text, as follows: 14.18.040 Parking requirements. A. Off-street parking shall be provided in accord with the following chart. Where the specific use in question is not listed, the community development director shall determine if another similar use exists which may be used to select an appropriate parking standard. In order to make this determination, the community development director may require the submission of survey data from the applicant or collected by the community development department, planning division at the applicant's expense. Parking surveys conducted for this purpose shall be subject to the review and recommendation by the department of public works. B. Parking Modification. The parking requirement for any specific use listed may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification shall require an application for a use permit and shall be subject to review by the community development director and public works director, and approval by the zoning administrator. C. For properties located within the downtown parking assessment district, see also Section 14.18.060, downtown parking assessment district, for additional information on parking requirements. For properties located in the downtown, west end and environs area, see Section 14.18.061 (Downtown's West End and environs), for additional information on parking requirements. D. In addition to the off-street parking requirements listed below, off-street loading and unloading shall be provided for certain uses in accord with Section 14.18.050, Off-street loading and unloading. E. For properties in the downtown area, residential parking is not required to be covered. F. Off-street parking is not required for FAR increases up to ten percent (10%) of the building or seven hundred fifty (750) square feet, whichever is larger, as granted under Section 14.16.150(G)(2)(b). chart UAR_040 Ord. 1923 A-71 Use Classification Off -Street Parking Required Residential Note: No parking is required for up to 3 units in the parking assessment district, provided the units are an infill addition to an existing nonresidential structure, and that the units are 2 bedroom or less and no larger than 900 s care feet in size. residential 2 covered spaces per unit. -Single-family Single-family residential, hillside On streets less than 26 feet wide, a minimum of two additional on-site parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be conveniently placed relative to the dwelling unit which they serve. This requirement may be waived or reduced by the hearing body when the size or shape of the lot or the need for excessive grading or tree removal make the requirement infeasible. Studio (duplex unit), 500 sq. ft. or less in size 1 covered space per unit. Studio (duplex unit), more than 500 sq. ft. in size 1.5 spaces per unit (including 1 covered space). Downtown: 1 space per unit. Studios unit) 1 covered s ace per unit. (multifamily One -bedroom units 1.5 spaces per unit (including 1 covered space). Downtown: 1 space per unit. Ord. 1923 A-71 Two-bedroom units Off -Street Parking Required Parking Downtown San Rafael 1 space per 5 units. Note: Guest parking not required downtown, unless within 200 feet of a residential district. Mobilehome parks Assessment (Outside District) (Outside Emergency shelters for the homeless,permanent: District 1 space for each employee on maximum staffed shift lus 1 s aceper five beds: Downtown 1 space plus staff parking. Less than 900 sq. 1 space 1.5 spaces 2 spaces (1 Commercial and light industriaUoffice districts ft. 1-10 beds 1 space plus staff parking. covered) 900 or more sq. ft. 1.5 spaces 1.5 spaces 2 spaces (1 As specified by use permit. Emergency shelters serving children and/or families with children 1 space per family based on maximum program capacity plus 1 space per employee on the maximum staffed shift. Residential care facilities for the nonhandica ed: covered) Use Classification Off -Street Parking Required Three or more bedroom units 2 spaces per unit(including 1 covered space). Guest parking, multifamily 1 space per 5 units. Note: Guest parking not required downtown, unless within 200 feet of a residential district. Mobilehome parks 2 covered spaces per unit. Senior housing projects .75 s aceper unit, or asspecified by usepen-nit. Emergency shelters for the homeless,permanent: Residential district 1 space for each employee on maximum staffed shift lus 1 s aceper five beds: 1-5 beds 1 space plus staff parking. 6-10 beds 2 spaces plus staff parking. 11-15 beds 3 spaces plus staff parking. Commercial and light industriaUoffice districts 1 space for each employee on maximum staffed shift plus 1 s aceper 10 beds: 1-10 beds 1 space plus staff parking. 11-20 beds 2 spaces plus staff parking. 21-30 beds 3 spaces plus staff parking. Emergency shelters for the homeless, temporary or rotating As specified by use permit. Emergency shelters serving children and/or families with children 1 space per family based on maximum program capacity plus 1 space per employee on the maximum staffed shift. Residential care facilities for the nonhandica ed: Small (0-6 clients) See single-family residential. Large (6-10 clients) 1 space for each five clients plus 1 space for each staff person, visiting doctor or employee on maximum staffed shift. Rooming or boarding houses 1 space for each guest room or as determined by arkin stud Y. Second dwelling units: Studio or one -bedroom unit i space. Two or more bedroom unit 2 spaces. Visitor accommodations Bed and breakfast inns 2 spaces plus 1 space per bedroom. Hotels or motels l space per sleeping room plus 1 space for manager plus 1 space for every 2 employees. Hotels, convention or hotels with banquet, restaurant or meeting facilities, etc. Parking in addition to the hotel requirement is required, as determined by a parking study. Parking requirement asspecified in use pennit. Day care Ord. 1923 A-72 Use Classification Off -Street Parking Required Family day care home (small) No requirement. Family day care home (large) Minimum 2 spaces. The required parking for the dwelling unit shall count as the required parking for family day care. Day care center 1 space per five children. In addition, one of the following must be provided as recommended by the public works director for safety purposes: 1) A posted "loading zone" for dropping -off and picking -up children; 2) A loop driveway with an apron for drop-offs and pick-ups. General commercial uses Retail sales (non -bulky items) 1 space per 250 gross building s . ft. Retail sales (bulky, items, such as machinery, 1 space per 400 gross building sq. ft. furniture, vehicles, etc.) Shopping centers 1 space per 250 gross building sq. ft. Animal care facilities 1 space per 300 gross building sq. ft. Food and beverage service establishments, excluding 1 space for each 50 sq. ft. of floor area intended for fast food restaurants public use. Fast food restaurants 1 space per 100 sq. ft. for 50 percent of the gross building sq. ft.; and one space per 65 sq. ft. for 50 percent of the gross building sq. ft. or one space per 2.5 interior seats, whichever is greater. Funeral and interment services 1 per each 35 sq. ft. of floor area for assembly rooms plus 1 space for each employee, plus 1 space for each car owned by such establishment. Motor vehicle sales and service: Coin -op washing 1 space at each washing stall and vacuum stall. Gasoline stations 3 spaces per station, plus. With minor repairs such as tune-ups, brakes, 2 spaces per service bay. batteries, tires, mufflers With mini -market area 1 space per 250 sq. ft. of gross retail. Rentals 1 space per 500 gross sq. ft. of floor area plus 1 space per 1,000 sq. ft. of outdoor rental storage area. Repairs, major and, or minor 1 space per 500 sq. ft. or 3 spaces per service bay (each service bay may count as one of the parking spaces), whichever is greater. Sales, new or used vehicles 1 space per 400 gross building sq. ft. excluding auto repair area; plus, for repair portions of the building: i 1 space per 500 gross building sq. ft., or 3 spaces per service bay for automobile repair (each service bay may count as one of the parking spaces). whichever is greater, or 1 space per 2.000 sq. ft. open lot area, whichever is greater. Music rehearsal recording studios 1 space per 500 gross buildings . ft. Personal service establishments 1 space per 250 gross building sq. ft. Barber beauty shop nail salon - spaces per chair or workstation. Dry cleaning establishment j 2 spaces plus 1 space for each employee. Ord. 1023 �- ' Use Classification Off -Street Parking Required Laundry (self service) 1 space for each 2 washing machines and/or dry cleaning machines. Recreation facilities indoors Bowling alleys 4 spaces for each bowling lane plus additional spaces for other uses. Game arcades I space for each 5 coin-operated amusement devices. Health clubs and gymnasiums 1 space per 250 sq. ft. of gross buildings . ft. Poolhalls,%billiards 2 spaces for each table or as determined through a parking study. Theaters Parking study required. Parking subject to the approval of the community development director or the hearing review body for the development. Offices and related uses Financial services and institutions 1 space for each 200 sq. ft. gross building sq. ft. Downtown: 1 space for each 300 sq. ft. gross building sq. ft. Medical services: Clinics 1 space per 225 gross buildings . ft. Hospitals Parking study required. Major medical facilities, including extended care facilities Parking study required. Offices, excluding mental health practitioners I space per 225 gross building sq. ft. Offices, mental health practitioners 1 space per 250 gross building sq. ft. Administrative, business and professional offices I space per 250 gross building sq. ft. Downtown: 1 space for each 300 sq. ft. gross building sq. ft. Industrial Industrial uses 1 space per 500 gross building sq. ft. Light industrial,'office mixed-use: Light industrials . ft. of building 1 s ace per 500 gross buildings . ft. Offices . ft. of building I space per 250 gross building sq. ft. Mini -storage Parking study required. Subject to approval by the community development director or hearing review body for the development Public utility facilities Parking study- required. Subject to approval by the community development director or hearing review body for the development. Storage. warehousing and distribution 1 SpaCG Pct _1vv �fJU" vuiiuiuL, �,%+ 16. 'iN holcsale and distribution — _ I space per 500 sq. ft. gross building sq. ft. Marinas ?spaces for e% ei-N- 4 boat slips. Plus parking for � support uses in the marina, such as restaurants or retail j uses. I Public. quasi -public uses Libraries. museums and other cultural facilities Parking study required. Subject to appro%al by the community de% elopment director or hearing reN iev� bode for the de. elopment. Ord. 1923 A--4 Use Classification Off -Street Parking Required Public service and utility Parking study required. Subject to approval by the community development director or hearing review body for the development. Religious institutions 1 space per 4 seats. Schools (Note: The following are guidelines for public schools 1 Parochial, private 3 K-8 3 spaces per classroom or 1 space per 100 sq. ft. of auditoriums ace, whichever is greater. 9-12 1 space for each 4 students based on maximum school capacity, or asspecified by use permit. Vocational, business trade schools 1 space per 150 gross building sq. ft. Performing arts or other 1 space per 250 gross building sq. ft. Transportation facilities Bus stations, park and ride facilities, public transit stations Parking study required. Subject to approval by the community development director or hearing review body for the development. (Ord. 1694 § 1 (Exh. A) (part), 1 )VO; vru. 10/--1 9 1 kparL), (Ord. No. 1882, Exh. A, §§ 65, 66,6-21-10) Replace existing Section 14.18.045 containing revised text, as follows: 14.18.045 Designated parking for clean air vehicles. A. Applicability. Parking spaces serving new nonresidential buildings shall be designated for any combination of low -emitting, fuel-efficient, and carpool/van pool vehicles, as defined by Section 5.102 of the California Green Building Standards Code, California Code of Regulations, Part 11 of Title 24. B. Number of Short -Term Spaces Required. Parking spaces for clean air vehicles shall be provided in accord with the following chart: Total Number Number of Required of Parking Spaces Clean Air Vehicle Spaces 0-9 0 10-25 1 26-50 3 51-75 6 76-100 8 101-150 151-200 201 and over 11 16 At least 8% of total C. Parking Stall Marking. The following characters shall be painted, using the same paint for stall striping, such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: "CLEAN AIR VEHICLE". D. Prewiring for Electric Vehicle Charging Stations. In new or substantially renovated parking facilities of twenty-five (25) or more spaces electrical conduit capable of supporting suitable wiring for an Ord. 1923 A-75 electric vehicle charging station shall be installed between an electrical service panel and an area of Clean Air Vehicle Parking Spaces as required by this section. The conduit shall be capped and labeled for potential future use. (Ord. No. 1892, § 2, 2-22-2011) Revise the existing Sub -Section 14.18.130.D contained within existing Section 14.18.130 Parking facility dimensions and design, Tree wells standards as follows. D. Tree Wells. Tree wells shall have a minimum area of thirty-six (36) square feet and a minimum interior width of six feet (6'), exclusive of curbs. See Section 14.18.160, Parking lot screening and landscaping for additional landscape design standards. Replace existing Section 14.18.160 and Illustration 14.18.160, as follows: 14.18.160 Parking lot screening and landscaping. New or substantially renovated parking lots with more than five (5) spaces shall provide landscaping in accordance with the following standards. Substantially renovated parking lots shall be those for which paving material and curbing is removed and the resulting lot is reconfigured. The following provisions shall also be used as guidelines for parking lot improvements on remodel projects. A. Screening. Parking areas visible from the public right-of-way shall be screened to headlight height through the use of landscaped earth berms, low walls, fences, hedges, or combination thereof, with trees and plantings, or similar means. Fences, walls, and hedges need not be solid. B. Minimum trees. A minimum of one (1) canopy tree shall be provided for every four (4) parking spaces. Trees shall be distributed throughout the parking area to shade cars and paved areas. Clustering of trees may be considered subject to approval of the decision making body, where it is demonstrated that the intent will be met to provide ample shading and screening of parking areas and enhance the visual appearance of parking lots. In downtown, this section does not apply to parking lots for twenty (20) or fewer cars, and the standards in this section may be reduced for parking lots for twenty-one (21) to forty (40) cars, subject to recommendation by the design review board and approval of a minor design review permit. C. Tree Selection and Distribution. Parking lot trees shall be selected and located to achieve maximum shading of paved surfaces, through utilization of the following techniques: 1. Distribute trees uniformly throughout parking areas, incorporating use of regularly spaced finger islands (see illustration below) and landscape medians between parking rows to the extent practicable. 2. Cluster trees on southerly and westerly perimeters of parking lots. 3. Provide minimum tree canopy diameters of fifteen feet (15') and include tree species with large canopy diameters, e.g., greater than thirty feet (30'). 4. Increase tree planting ratios as necessary to provide equivalent canopy coverage of the site where less than half of the required trees are proposed as large canopy tree species. D. Minimum Size of Planting Areas and Tree Wells. Planting areas containing trees and tree wells shall have a minimum area of thirty-six (36) square feet and a minimum interior width of six feet (6'), exclusive of curbs. For large canopy tree species, tree wells shall have a minimum area of sixty-four (64) square feet and a minimum width of eight feet (8') exclusive of curbs, to the extent this larger planting area is practicable and can be accommodated on-site. E. Curbs and Wheel Stops. A maximum overhang of two feet (2') shall be allowed for overhang of vehicles into planting areas. All planters and sidewalks located adjacent to driveways, loading areas, or parking lots shall be protected along the parking lot side with concrete curbs or wheel stops. Alternative treatments may be considered, subject to the approval of the community development director (or the director's designated appointee) or the appropriate hearing review body. Ord. 1923 A-76 F. Irrigation. Permanent, automatic irrigation systems shall be provided for all planted areas, in compliance with Section 14.16.370 Water -Efficient Landscape. G. Soil Preparation and Verification. Planting areas and tree wells shall be prepared by excavation to a minimum depth of three feet (3'), scarifying sides of tree wells (to promote soils integration, water absorption and healthy root growth), amendment of soil (as recommended based on soils analysis), and compaction to no more than seventy-five percent (75%) within twelve inches (12") of a curb or sidewalk. For parking lots containing twenty-five (25) spaces or more a licensed landscape architect shall monitor tree well excavation, soil preparation and tree planting and provide written verification to the community development director that excavation, soil preparation and tree planting have complied with the standards established by this subsection to promote normal healthy tree growth. Such written verification shall be received by the community development director prior to use of the parking facility and/or occupancy of the use. H. Maintenance. Landscaped areas associated with parking lots shall at all times be maintained in a healthy and clean condition, with replanting as necessary to maintain compliance with the previously approved landscape plan. For parking lots containing twenty-five (25) spaces or more the property owner shall obtain a minimum one year maintenance contract and warranty for tree growth, and provide documentation of such to the community development director prior to use of the parking facility and/or building or site occupancy. I. Parking Structures. The top level of parking structures shall utilize light-colored/high-albedo paving material (reflectance of at least 0.3), or utilize shade structures, photovoltaic carports, landscaped trellises or trees to achieve at least fifty percent (50%) daytime shading. J. Bio -filtration. Persons owning or operating a parking lot, gas station, area of pavement or similar facility developed with hardscape surfaces shall undertake all practicable measures to minimize discharge of pollutants to the city storm drain, in compliance with city standards, including utilization of all best management practices and the requirements of San Rafael Municipal Code Title 9.30 (Urban Runoff) enforced by the department of public works. To facilitate compliance with city storm drain pollution discharge requirements, (innovative landscape design concepts may be substituted for the above standards subject to the approval of the appropriate review body, including use of permeable pavers, bio-swales, at grade curbs and openings in curbs to allow filtration of runoff through landscape areas. Landscape plans and alternative measures shall subject to compliance with any recommendations of the department of public works. Ord. 1923 A-77 Illustration 14.18.160 rA, <�`� { °,�,`• att ate. Alk (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § t (part), 1992). Replace existing Section 14.18.170 with revised text, as follows: 14.18.170 Lighting. Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential use and motorists. It is the intent to maintain light standards in a low profile design, as well as to be compatible to the architectural design and landscape plan. Light fixtures (e.g., pole and wall -mount) should be selected and spaced to minimize conflicts with tree placement and growth. (See Section 14.16.227 for additional standards on foot-candle intensity). (Ord. 1625 § 1 (part), 1992). Replace existing Section 14.18.240 with revised text, as follows: 14.18.240 Grandfathered parking. A. No use of land lawfully existing on the effective date of the ordinance codified in this title shall be considered nonconforming solely because of the lack of off-street parking, loading or bicycle facilities prescribed in this chapter. B. The number of existing required parking spaces may be reduced to achieve compliance with state or federal disabled access requirements. In such instances, properties shall not be considered nonconforming solely because of the lack of off-street parking prescribed by this chapter. C. The number of required spaces within an existing parking lot approved or established prior to adoption of this section (i.e., June 16, 2012) may be reduced in order to achieve greater conformity with the citti urban runoff pollution prevention standards contained in San Rafael Municipal Chapter 9.30, as required by the department of public works, and or the parking lot landscape regulations contained in Section 14.18.160, provided that the property owner can demonstrate to the satisfaction of the public works department and`or community development director that sufficient parking and vehicle maneuvering will Ord. 1923 A-78 remain to support the intended use(s) of the subject property. In such instances, properties shall not be considered nonconforming solely because of the lack of off-street parking prescribed by this chapter. D. For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required, additional parking shall be required for such addition, enlargement or change. Where parking for an existing use is substandard, improvements to improve or upgrade the parking may also be required where feasible. E. A nonconforming structure which has been damaged or destroyed more than seventy-five percent (75%) and which is rebuilt to its original condition must provide parking equivalent to prior existing parking. Where parking was substandard, improvements to improve or upgrade the parking may also be required where feasible. F. Determination of the amount of parking improvements required to upgrade or improve existing substandard parking conditions shall be made by the community development director or the appropriate hearing review body. Such determination shall consider the size of the proposed addition in relation to the existing development, off-site parking conditions and site constraints. (Ord. 1838 § 42, 2005: Ord. 1625 § 1 (part), 1992). Ord. 1923 A-79 CHAPTER 14.19 — SIGNS Replace existing Section 14.19.055 with revised text, as follows: 14.19.055 Illumination standards. The illumination of signs from an artificial source shall be minimized to avoid a nuisance, hazard, light and glare on the property where the sign is to be located and on the surrounding neighborhood. The following sign illumination standards shall be required: A. Sign Illumination Regulated by Zoning District. The type of sign illumination that is permitted shall be regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. B. Illumination that is Permitted. All lighting shall comply with current electrical code requirements. The following types of illumination are permitted: 1. Internal illumination. The light source is internally located or concealed behind an opaque face of individuals letters or a framed canister. The rays of illumination go through the face of the sign or are projected outwards toward the edge of the sign forming a halo around the sign frame. 2. External, indirect illumination. The light source is exposed and directed toward the sign face but is shielded or concealed from view with proper shields or glass lenses to avoid glare. Examples of external illumination include gooseneck light fixtures and ground mounted light fixtures. 3. Reflective illumination. Illumination that is not electrically charged, but responds to light, such as from passing vehicle headlights, by shining or glowing. 4. Neon. Exposed neon or other gas-filled tubing is permitted with limited use, subject to review and a recommendation by the design review board. C. Illumination Intensity. No sign shall be illuminated so that the primary source of the light is visible beyond the property line or in any way will cause excessive glare or brightness. The city shall reserve the right to require and/or complete a post -installation inspection of the sign illumination. If, as a result of this inspection it is determined that the illumination is too bright and adversely impacts adjacent properties and uses, the city can require a reduction and/or adjustment in the intensity of the sign illumination, so that it is in keeping with the general level of illumination on surrounding properties. D. Illumination that is Prohibited. The following types of illumination are prohibited: 1. Blinking, flashing or fluttering lights or illumination that has a changing light intensity, brightness or color; 2. Animation or moving messages; 3. Searchlights. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004). Replace existing Section 14.19.070 with revised text, as follows: 14.19.070 Temporary signs. The city recognizes that temporary signs are often used as a means of communicating messages, whether commercial or noncommercial, as to certain temporary or short term matters or events such as commercial promotions, special events or activities, elections and current events. The regulations in this section are intended to allow the expression of such communications while minimizing the adverse aesthetic or public safety impacts that may be caused by the uncontrolled proliferation and abandonment of such signs, such as visual clutter, traffic obstruction and accumulation of debris. The following signs are considered temporary and may be posted on site for a limited period of time in accordance with the provisions of this chapter. Unless noted below as not requiring sign permit approval, temporary signs require the approval of a sign permit prior to being installed or erected: A. City -Installed Banners. Banners, signs, and associated supporting structures installed by the city for events and announcements, which are placed across or over a public street, or affixed to street light poles. The location, placement and provisions for such banners, signs and supporting structures shall be Ord. 1923 A-80 established by standards and subject to fees, as set forth by resolution of the city council from time to time. No sign permit is required. B. Noncommercial Signs. Temporary signs bearing ideological, political or other noncommercial message, including, but not limited to, political and election signs may be located on a site or place of business. The total sign area permitted per site or place of business shall not exceed thirty-two (32) square feet. Noncommercial signs may be displayed for a maximum of ninety (90) days per calendar year. Signs relating to an election shall be removed no later than ten (10) days following the election. No sign permit is required. C. Real Estate Sale and Leasing Signs. Temporary real estate sale and leasing signs shall be subject to the following: 1. On -Site Display. Ground -mounted or placed on the building, not exceeding five (5) square feet and one in number per building for single-family, duplex residential and multiple -family residential uses. On-site display signs shall not exceed twenty (20) square feet and two (2) in number for all nonresidential uses. 2. Off -Site Display. A -frame or ground -mounted, placed off-site such as for announcement of an open house, not exceeding five (5) square feet in size. Open house signs shall be permitted between the hours of ten a.m. (10:00 a.m.) and seven p.m. (7:00 p.m.) on Saturdays, Sundays, Thursdays (brokers open) and holidays, and shall be limited to five (5) in number. 3. No real estate sign shall be placed in the public right-of-way, which includes the sidewalk, travel or parking lane and center median of a street. 4. No sign permit is required. D. Special Function and One -Time Event Signs. Signs, posters and notices for special functions and one-time events are permitted subject to the following: 1. A maximum of two (2) signs, not exceeding ten (10) square feet in area for each sign; 2. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on utility poles, streetlights or fences located on public property; 3. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days after the function or event; 4. In no instance shall a sign for a special function or one-time event be displayed for more than thirty (30) days; 5. Signs displayed or placed in a window shall not exceed twenty-five percent (25%) of the window area; 6. No sign pen -nit is required. Examples of special function and one-time event signs include, among others, signs displaying a special sale, grand opening, business closing, garage, yard or estate sale, meetings, or fundraisers. E. Temporary Banners. Banners may be displayed by businesses and uses on a temporary basis in all zoning districts, except in the single-family residential, duplex residential and multiple -family residential districts, subject to the following permit requirements and criteria: 1. A sign permit is required and must be obtained prior to the display of a temporary banner. The submittal requirements for a sign permit for temporary banners are as follows: a. A complete application form; b. A photograph of the site showing the proposed location of the banner(s); c. Three (3) sets of drawings denoting the banner, the location of the banner as it would appear on the building or property, the total banner area (length and width), the linear street frontage of the business or use for multiple -tenant buildings, proposed illumination and method of banner attachment. These drawings need not be prepared by a professional architect or draftsperson, but shall include all appropriate dimensions and/or scale; d. A completed and signed (by the business owner) pre -citation form noting the term or duration of time for display of the banner; e. The, required application fee for an administrative level sign permit. 2. All temporary banners shall comply with the following criteria: Ord. 1923 A-81 a. One banner, up to a maximum size of thirty-two (32) square feet is permitted per business or use frontage. Businesses or uses with two (2) frontages are permitted two (2) banners authorized under one sign permit, provided that both banners have the same beginning and expiration dates, are each placed on separate frontages, and neither banner exceeds thirty-two (32) square feet. Temporary banners shall be excluded from the calculations of the maximum, total permanent sign area for a business or use permitted by the sign ordinance (San Rafael Municipal Code Title 14, Chapter 19). b. No banner, in whole or in part, shall include, via attachment or any other means, windblown devices intended to attract attention such as posters, pennants, ribbons, streamers, strings of light bulbs, spinners, balloons, or other inflatable objects. c. Temporary banners may be displayed for a maximum of sixty (60) days per calendar year, which can occur all at once or in increments. A separate sign permit shall be required for each increment. Extensions of an approved sign permit for a temporary banner may be granted, provided that the banner does not change, the extension request is received in writing no less than two (2) working days prior to expiration, and the maximum sixty (60) day time limit for display is not exceeded. d. Banners shall be attached to the building. However, where a business or use is set back from the street, or where public visibility of the entrance of a business or use is limited or impaired, a freestanding banner, supported by a temporary frame, may be placed on-site, between the property line and the building entrance, in a landscaped or paved area. e. No banner shall project above the eave line of the building. f. If any part of the banner projects over public property, public right-of-way, or public easement, a minimum vertical clearance of eight feet (8'), measured from grade shall be maintained, provided that an encroachment permit or license agreement has been obtained for said projection. g. A banner may project a maximum of four feet (4') from the outer surface of the building (e.g., a banner placed on an awning), provided that it does not project to within two feet (2') of the curbline of the street or vehicular roadway. h. If a banner is illuminated, the illumination shall be located and directed so that it does not create glare, or be capable of reflecting light or directing such light onto or into any adjoining or nearby lot, structure or public right-of-way. When spotlights or floodlights are used to illuminate a banner, a reflector shall be provided with proper shields or glass lenses concentrating illumination upon the area of the banner, so as to prevent glare upon the street, sidewalk or adjacent property. Flashing lights that change color or intensity are prohibited. All lighting shall comply with National Electric Code (NEC) requirements. i. Banners shall be permitted for announcement or advertisement associated with the on-site business or use only. This requirement shall be tenant -specific for multiple -tenant buildings. j. Banners shall comply with the sign location and placement provisions of the sign ordinance (San Rafael Municipal Code Sections 14.19.053(B) and (C)), which prohibits signs from obstructing exits, windows and safety equipment, and requires that signs maintain adequate sight distance. k. As regulated by Sections 14.19.080(F), (H) and (L) of this chapter, banners are prohibited from displaying statements, words or pictures that are obscene or offensive to morals, are imitative of official signs, or are likely to cause traffic confusion or traffic hazard. F. Temporary Construction Signs. Maximum of two (2) in number per site and no more than thirty-six (36) square feet per sign. No illumination is permitted. Examples of such signs include, among others, signs displaying the construction project, the parties involved in the construction, and subdivision or development sales. Such signs are subject to the approval of a sign permit and shall be permitted through the duration of construction and sales and shall be removed no later than one month following completion of construction, or following the last sale. This temporary sign provision does not apply to the required posting of a sign giving notice of the city of San Rafael noise restrictions (Section 8.13.050). G. Temporary, Portable A -Frame Signs in the Downtown Districts. The location, placement and provisions for temporary, portable A -frame signs permitted in the downtown districts shall be established by standards and subject to fees, as set forth by resolution of the city council from time to time. H. Temporary Use Signs. Signs for temporary uses such as but not limited to outdoor, temporary or seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location and Ord. 1923 `'`-82 size shall be established with the use permit required for the temporary use, as required by Chapter 14.22. Temporary use signs shall be displayed for the period of time established by the use permit. I. Temporary Construction or Vacant Storefront Signs. Window film or similar covering that contains an artistic graphic or message may be installed in storefront windows for the purpose of obscuring view into a vacant or under construction tenant space within a building. Temporary window display signs may include a non-commercial display such as artwork or commercial message announcing "under construction", "coming soon", or similar information related to a project under construction. This signage shall be subject to prior review and approval of a temporary sign permit by the community development director to assure that sign content, message size or proposed artwork design, materials, colors, type and duration are appropriate and would enhance the appearance of the streetscape during the period of construction or temporary vacancy. In general, any message content should not exceed twenty-five percent (25%) of available storefront glazing and should not be installed for more than six (6) months (or for the duration of a valid building permit). (Ord. 1838 § 43, 2005; Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004). Ord. 1923 A-33 CHAPTER 14.25 — DESIGN REVIEW Replace existing Section 14.25.040 with revised text, as follows: 14.25.040 Improvements subject to review. No improvement subject to environmental and design review shall hereafter be constructed, located, repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as provided in this chapter. The following items shall be subject to environmental and design review permits, whether or not a building permit is required. A. Major Physical Improvements. 1. New construction on vacant property, including, but not limited to: a. Any residential structure located within one hundred (100) vertical feet of a ridgeline, b. Residential structures with three (3) or more dwelling units, and boarding houses, c. Residential structures as required by subdivision or zoning approvals, d. Offices, retail and industrial structures, e. Public, quasi -public, religious, social and similar community structures, f. Marinas and yacht clubs; 2. Modifications to existing structures, including, but not limited to: a. Additions to multifamily residential structures with three (3) or more units, where the addition constitutes more than forty percent (40%) of the total square footage of the building, b. Additions and alterations to existing nonresidential structures where the addition is greater than forty percent (40%) of the existing square footage. (Note: The community development director may determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the visual character or function of a building is subject to a minor design review permit.), c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more existing dwelling units, d. Second dwelling units, as prescribed by Section 14.16.285.0.9; 3. Major site design improvements, including but not limited to: a. Subdivisions located on properties with an average slope of twenty-five percent (25%) or greater, or with a general plan land use designation of hillside residential or hillside resource residential, b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.), c. Landscaping as part of a development subject to major environmental and design review, d. Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles on a development subject to major environmental and design review, e. Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs; 4. Development subject to review as a major physical improvement pursuant to any other provision of this title; 5. Murals and mural signs painted on the exterior surface of a wall of an existing or new structure. 6. Wireless telecommunications facility, as prescribed under Section 14.16.360.B. B. Minor Physical Improvements. 1. New construction and modifications, including, but not limited to: a. Any new residence or residential additions over five hundred (500) square feet in size, or any modification that increases the height of the roofline, when located on residential lots with average slopes of twenty-five percent (215"o') or greater or located in the hillside resource residential and hillside residential general plan land use designations, Ord. 1923 A-84 b. Any addition or modification that results in lifting the existing ground level floor of a residence to construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See Section 14.25.050.F.6. for design criteria), c. Accessory structures, or additions or modifications to any residential structure located within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a roofline, or increases building scale and mass and is determined to be visible from off-site, d. Additions to multifamily residential structures containing three (3) or more dwelling units, where the addition constitutes forty percent (40%) or less than the total square footage of the building, e. New two-story single-family and duplex residential structures proposing an upper story level over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria), f. Upper -story additions to single-family and duplex residential structures over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria), g. Accessory structures on developed non-residential properties over one hundred twenty (120) square feet in size; h. Accessory structures on developed multi -family residential properties over two hundred forty (240) square feet in size, i. New construction or reconstruction of boat docking facilities, j. Additions and alterations to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty (1,250) square feet, k. Structures over the height limit, including flagpoles, aboveground utility distribution facilities, including communications towers and public water tanks, windmills, monuments, steeples, cupolas, and screens for mechanical equipment (chimneys are exempt); 1. Wireless communications facilities, as prescribed under Chapter 14.16.360.B. 2. Minor site design improvements, including, but not limited to: a. Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards per site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.), b. Landscaping, exterior lighting, fencing, and retaining walls over four tiree feet (43') high, proposed as part of a minor physical improvement subject to environmental and design review, c. Landscape revisions determined to be minor revisions to an existing hillside residential, multifamily or nonresidential development, proposed as part of a minor physical improvement, d. Parking and loading areas, including driveways, sidewalks and curb cuts, on a development subject to minor environmental and design review, e. Commercial parking lots, including private parking and new parking locations for uses with insufficient parj ing, f. Drive -Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for regulations, g. Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs, of this title; 3. Development subject to review as a minor physical improvement pursuant to any other provision of this title. C. Administrative Design Permits. 1. Decks, or additions to existing decks, higher than thirty inches (30") above grade, located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, except no review is required for decks: a. Less than a total of one hundred (100) square feet, Ord. 1923 A-85 b. Not visible from the public street or adjacent properties, or c. Replacing an existing elevated deck with a deck of same size and configuration; 2. New single-family residences located on a flag lot, 3. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size or that include addition of a bedroom, 4. Conversion of a single-family residence to a duplex, 5. Design changes to projects that previously obtained Design Review approval. This includes modifications to upper story additions, modifications to windows or architectural, site design or landscaping changes. Based on the scope and potential impact of the change(s), the level of review may be increased by the community development director. 6. Outdoor eating areas (as prescribed by Section 14.17.110 7. Minor exterior alterations to a structure or development, which are subject to environmental and design review, that, in the opinion of the community development director, have minimal impacts on the visual character or function of the building or development, 8. Satellite dishes over the height limit in a multifamily or nonresidential district, 9. Fences over six feet (6) in height (residential and nonresidential), and as set forth under the criteria in Section 14.16.140 10. Nonresidential fencing proposed to be located in a front yard or between the principal building and public street frontage(s), 11. Detached accessory structures located on hillside residential lots with slopes of twenty-five percent (25%) or greater or located in areas with a general plan land use designation of hillside residential or hillside resource residential, 12. Retaining walls over three feet (3') in height (measured from the top of the footing or finished grade, as determined by the community development director, to the top of the wall) located on a hillside lot as identified in Section 14.12.020 (-H hillside overlay district) of this title, or located within one hundred (100) vertical feet of a ridgeline, 13. Minor landscaping or grading modifications to a hillside lot or ridgeline lot, including retaining walls three feet (3') or less in height that would potentially impact the hillside character of the site, to assure compliance with the -H overlay district property development standards, 14. Minor landscaping revisions to existing or approved multifamily or nonresidential development that are determined to alter the character of the site, 15. Minor modifications to existing parking lots (reconfiguration or expansion), 16. Exterior repainting and refinishing on a development which significantly deviates from the color scheme and/or palette previously approved through an environmental and design review permit, or on structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are not from the approved earthtone-woodtone list, 17. Outdoor storage areas, 18. Design changes to dwelling units that were existing or approved as of January 1991 and that are being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or dwelling units that are being replaced pursuant to Section 14.16.270.B.5 (nonconforming structures) of this title, 19. Modifications to properties in the Eichler -Alliance (-E. \) combining district which increase the height of roof structures by more than six inches (6") or change the roof pitch, including the creation of sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage, 20. Rooftop equipment and screens visible from off-site, 21. Minor additions or modifications to a wireless communications facility, as prescribed under Section 14.16.360.B, 22. Non-residential accessory structure one hundred twenty (120) square feet or less in size. 23. Ancillary detached accessory structures on a developed multi -family residential property two hundred forty (240) square feet or less in size. Ord. 1923 A-86 24. Development subject to review for an administrative design permit pursuant to any other provision of this title. D. Exceptions. 1. Single-family dwellings when sited on individual lots with frontage on a public street and not otherwise subject to design review as listed above; 2. Ordinary maintenance and repairs; 3. New decks or additions to decks, except where review is required for decks located in hillside areas as prescribed in Section 14.25.040.C, above; 4. Installation of solar panels on existing structures or grounds, as provided under state law and in compliance with all applicable development standards; 5. The community development director may declare improvements which have been determined to be minor or incidental within the intent and objectives of this chapter to be exempt from review. 16, 20 3: Ord. § 17551 § 7, 2000; Ord. 1663 (part), 1994; Ord. 625 § 11 (part), 1992). 2, 2004; Ord. 1802 (Ord. No. 1882, Exh. A, §§ 83-89,6-21-10) * Legislative history: Ordinances 1819 and 1820, adopted contemporaneously on February 2, 2004, amended the same code section, Section 14.25.040(C). Ordinance 1819 added a new subsection 10 to Section 14.25.040(C) and Ordinance 1820 moved subsections 1 and 2 from Section 14.25.040(C) to Section 14.25.040(B). Due to clerical error and contrary to the intent of the city council, Ordinance 1820 did not incorporate the amendment resulting from Ordinance 1819. The correct version of Section 14.25.040(C), as intended by the city council in its adoption of Ordinances 1819 and 1820, is set forth herein. Replace existing Sub -Section 14.25.050.G.2 (Landscape Design) of Section 14.25.050 (Review criteria), which otherwise remains unaltered, to omit the reference to the specific MMWD ordinance number 414, as follows: 2. Water -Efficient Landscape Design. Water conservation shall be considered and incorporated in the design of landscape and irrigation plans for all projects. For projects that are required to provide a water -efficient landscape pursuant to Section 14.16.370 of this Title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance, and future amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for irrigation. A-87 Ord. 1923 of 4 RESOLUTION NO. 13733 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A RECOMMENDED PARKING LOT TREE SPECIES LIST ACCOMPANYING AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE CHAPTER 14.18 (PARKING LOT LANDSCAPING REQUIREMENTS) WHEREAS, on June 2, 2014, the City Council held a duly -noticed public hearing and considered the proposed amendments to the San Rafael Municipal Code, Title 6 and Title 14, accepting all public testimony and the written report of the Department of Community Development; and WHEREAS, the amendments to the San Rafael Municipal Code, Title 6 and Title 14 do not propose any changes to City policies or regulations resulting in an increase in potential development intensity that would result in a direct or indirect physical, environmental impact; therefore, it has been determined that this ordinance amendment is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects which have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to environmental review; and WHEREAS, along with the amendments to the San Rafael Municipal Code Title 14, specifically, Chapter 14.18 with regard to parking lot landscaping, the City Council considered adoption of a list of recommended parking lot tree species; and WHEREAS, on April 15, 2014, the Planning Commission has recommended to the City Council approval of the zoning code amendments and the subject parking lot tree species list; and WHEREAS, the City Council, by separate action, passed Ordinance 1923 approving the amendments to the San Rafael Municipal Code, including Chapter 14.18 which contains revisions to parking lot landscaping. NOW THEREFORE BE IT RESOLVED, the City Council adopts the recommended list of parking lot trees to accompany the edits to Chapter 14.18, as reflected in the attached Exhibit A. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2nd day of June, 2014, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmember: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk n opp� nC�lJrJfJfJC (D C: J(Jc_cn_v�0 w -0 0) --0'< 0 0 v m m o. v CD c c c c CD m m m m 3 �' CQ cD CD 3 m � cD m � v h CD w rt CD (D CD CD + '+ C 0 M n, 0 M 7 0 0 5' u"), 0 0 0 0 0 0 0 0(n n CC: 3O ,�� (n CD uCi ° 0 V' � !A N O C D 3 (Cn ai uCi Q uCi cCi, vCi VCi 00 c CCn "O O —. CD C C 6 n n W 0 rt n' 3 x 2 0 v CD v< (n o �. 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NOW THEREFORE BE IT RESOLVED, the City Council adopts the recommended list of parking lot trees to accompany the edits to Chapter 14.18, as reflected in the attached Exhibit A. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 2nd day of June, 2014, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips NOES: Councilmember: None ABSENT: Councilmembers: None i2iet ESTHER C. BEIRNE, City Clerk n'�IJfJ rmC)(JTJfJOc�C�fJNfJfJCcn��D w CT�ODmDmm �nc� N W �. v CD c c C c (D CD c CD c c v n C O sy 0 �< 0< (D ,� O O O< � 03 Ci � fl) � M n 0 CD n n n 0 n 0 n UCi n p �• rt U CD C O n� is N C fn U) 3 pCCn ((n ((n Q 5• (n w N to 00 r- N tll N N (n O �. (D m -0 " C) to C) N = O fli (n n 3 0 (D = 3 CD v n O .» v r, w C O 3 N �• 6 c x 2) j � O M. 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