HomeMy WebLinkAboutOrdinance 1820 (Solar Shading)CLERK'S CERTIFICATE
I, JEANNE M. LEONCI I, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1820 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING SECTION 14.04.030 OF THE SAN RAFAEL
MUNICIPAL CODE TO RELOCATE UPPER -STORY SIZE LIMITATIONS,
AMENDING SECTION 14.25.020 TO ALLOW FOR ZONING
ADMINISTRATOR OR PUBLIC REFERRAL OF DESIGN REVIEW
APPLICATIONS TO THE DESIGN REVIEW BOARD, AMENDING
SECTION 14.25.030 TO REQUIRE SUBMITTAL OF SHADOW
DIAGRAMS IN CONJUNCTION WITH DESIGN REVIEW
APPLICATIONS, AMENDING SECTION 14.25.040 TO REQUIRE
ZONING ADMINISTRATOR REVIEW OF APPLICATIONS FOR NEW
MULTI -STORY HOMES AND ALL UPPER -STORY ADDITIONS, AND
AMENDING SECTION 14.25.050 TO REVISE DESIGN REVIEW
CRITERIA AND ADD A CRITERION ADDRESSING SOLAR SHADING)"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 2nd day of Februarv, 2004, a
SUMMARY of Ordinance No. 1820 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City
held on the 17th day of February, 2004, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
19th day of February, 2004
JEAN4. e -s�-mss.,.:
Lc-EONCINI, City Clerk
If] 8911►/_1.193= kiCox *Lf
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SECTION 14.04.030 OF THE SAN RAFAEL MUNICIPAL CODE TO RELOCATE UPPER -
STORY SIZE LIMITATIONS, AMENDING SECTION 14.25.020 TO ALLOW FOR ZONING
ADMINISTRATOR OR PUBLIC REFERRAL OF DESIGN REVIEW APPLICATIONS TO THE DESIGN
REVIEW BOARD, AMENDING SECTION 14.25.030 TO REQUIRE SUBMITTAL OF SHADOW
DIAGRAMS IN CONJUNCTION WITH DESIGN REVIEW APPLICATIONS, AMENDING SECTION
14.25.040 TO REQUIRE ZONING ADMINISTRATOR REVIEW OF APPLICATIONS FOR NEW MULTI-
STORY HOMES AND ALL UPPER -STORY ADDITIONS, AND AMENDING SECTION 14.25.050 TO
REVISE DESIGN REVIEW CRITERIA AND ADD A CRITERION ADDRESSING SOLAR SHADING
(File No. Z003 -003a)
WHEREAS, on August 5, 2002, the San Rafael City Council directed staff to study and develop interim
revisions to the City's design review requirements for single-family dwellings to assure greater design
compatibility and public involvement in design review of new single-family homes or additions until such
time as a comprehensive analysis of single-family zoning regulations can be undertaken; and
WHEREAS, proposed amendments to the Zoning Ordinance of the City of San Rafael, California, Title 14
of the Municipal Code were considered by the Planning Commission at a noticed public hearing on
December 9, 2003, and recommended for adoption by the Commission; and
WHEREAS, it has been determined that these amendments are exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor
Alteration in Land Use Limitations, and the City of San Rafael Environmental Assessment Procedures
Manual under Class 5f, which allows for ordinance text amendments not involving proposed development
plans or commitment of land use or resources which would result in a significant environmental impact;
and
WHEREAS, the proposed amendments to the San Rafael Municipal Code are based on the following
findings:
The amendments are consistent in principle with the San Rafael General Plan 2000 in that they
further the objectives contained in Land Use and Housing Elements, including Land Use Goal LU -
A to "Strengthen, preserve and enhance the unique identity and qualities of the City's
neighborhoods and activity centers", Land Use Element Policies LU -19 which states, in part, "New
development and redevelopment shall harmonize style, intensity and type of new residential,
commercial or industrial construction with the natural environment and respect the unique needs
and features of each area," Policy LU -20 which states, in part, "The'hometown' character of San
Rafael shall be retained by ... 2) retaining the existing suburban scale of development elsewhere in
San Rafael with increased attention paid to unifying landscaping standards, setbacks, connection
and the design image of individual areas," Policy LU -34 which states, in part, "New development
shall respect and enhance existing residential development through appropriate building scale
and design and quality building materials," Policy LU -35 which states, in part, "Following are some
overall criteria to be used in evaluating excellence in project design: compatibility of colors,
materials, scale and building and site design with surrounding development," and Housing
Element Goal H -B to "Protect and conserve existing housing stock," in that the amendments will
increase the level of design review and public involvement in evaluation of upper- story additions,
which have the potential to negatively impact the privacy and shading of adjacent properties and
alter the design character of the surrounding neighborhood.
2. The public health, safety and general welfare are served by the adoption of the proposed
amendments in that the increased level of design review and public involvement in evaluation of
upper- story additions will provide opportunities to mitigate possible impacts to the privacy and
shadowing of adjacent properties.
�0
ORIGINAL
0
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN TO ADOPT MODIFICATIONS TO
THE SAN RAFAEL MUNICIPAL CODE AS FOLLOWS:
DIVISION 1: San Rafael Municipal Code Title 14 — Chapter 14.04 (Residential Districts [R, DR, MR, HR])
Section:
14.04.030 Property development standards.
Table 14.04.030
R2a R1 a R20 R10 R7.5 R5 Additional
Standards
Minimum lot area
2 acres
1 acre
20,000
10,000
7,500
5,000 (A)
(sq. ft.)
corner lot --6,000
Minimum lot
150
150
100
75
60
50
width (sq. ft.)
corner lot --60
Minimum yards:
Front (ft.)
20
20
20
20
15
15 (B), (C)
Side (ft.)
15
15
12'6"
10
6
10% of lot width, (D), (E)
min. 3', max. 5'
Rear (ft.)
25
25
10
10
10
10
Maximum height 30 30 30 30 30 30 (F)
of structure (ft.)
Maximum lot 20% 25% 30% 40% 40% 40%
coverage
Maximum upper Lots less Lots less Lots less Lots less Lots less Lots less than (G)
story floor size than 5,000sf than 5,000sf than 5,000sf than 5,000sf than 5,000sf 5,000sf — 50% of
— 50% of — 50% of — 50% of — 50% of — 50% of max. lot
max. lot max. lot max. lot max. lot max. lot coverage; Lots
coverage; coverage; coverage; coverage; coverage; 5,000sf and
Lots 5,000sf Lots 5,000sf Lots 5,000sf Lots 5,000sf Lots 5,000sf larger — 75% of
and larger — and larger — and larger — and larger — and larger — max. lot
75% of max. 75% of max. 75% of max. 75% of max. 75% of max. coverage
lot coverage lot coverage lot coverage lot coverage lot coverage
Private yard area NR NR NR NR NR NR
(A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square
feet. See Section 14.16.300, Small lots.
(B) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall
be the average of improved lots on both sides of the street for the length of the block.
(C) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992
shall be setback twenty feet (20').
(D) On a reverse corner lot, the rear twenty feet (20') of the street side yard shall have a fifteen -foot
(15') setback.
(E) In the R7.5, R10 and R20 districts, where two or more lots in a block have been improved with
buildings, the minimum required shall be the average of improved lots within the same district on
both sides of the street for the length of the block.
(F) In the —EA Combining District, maximum height of seventeen feet (17') to peak, and one
habitable floor.
2
(G) For design criteria for upper -story construction, see Section 14.25.050(F)(6), Upper -Story
Additions.
DIVISION 2: San Rafael Municipal Code Title 14 — Chapter 14.25 (Environmental and Design Review
Permits)
Section:
14.25.020 Authority.
B. The zoning administrator shall make determinations on environmental and design review
applications for any minor physical improvement listed under Section 14.25.040(8), and on time
extensions to major and minor environmental and design review permit approvals. When, in the opinion
of the zoning administrator, an applicant or a member of the public, any matter set forth in Section
14.25.040(8) does not meet the applicable review criteria set forth in Section 14.25.050, the application
shall be forwarded to the Design Review Board for its recommendation. Requests for referral to the
Design Review Board made by an applicant or member of the public must be made in writing within the
public review period and prior to the conclusion of the zoning administrator's public hearing, and must set
forth specific reasons why it is believed that the proposed design does not meet the applicable review
criteria.
DIVISION 3: San Rafael Municipal Code Title 14 — Chapter 14.25 (Environmental and Design Review
Permits)
Sections:
14.25.030 Application.
C. Application for Environmental and Design Review. Applications for environmental and
design review permits shall be initiated by submitting to the Community Development Department a
completed application form, signed by the property owner or authorized agent, accompanied by the
required fee, and the following information. (Note: All residential projects located in the hillside
development district or on lots with slopes over twenty-five percent (25%) shall submit the
information required in appendix A, Environmental and Design Review Application Requirements
for Hillside Residential Development Projects, of the Hillside Residential Design Guidelines
Manual.) The Community Development Director may require that additional information be
submitted or may waive the submission of listed information.
1. Contextual map showing the relationship of the proposed development to the surrounding buildings
and site features;
2. Natural features map providing detailed information about on-site features, including existing
trees and other vegetation, and the impact of the development on existing site conditions;
3. Site plan(s) showing proposed parking, loading, circulation, drainage facilities and utility
connections;
4. Landscape plan showing all existing and proposed improvements, location of proposed
plantings, landscape material and structures, and community amenities;
5. Grading plan showing existing and proposed contours, the extent of cut and fill, and erosion
control methods;
6. Building Elevations including exterior materials and colors, and showing all sides of the
structures;
7. Floor and roof plans;
8. Phasing plan, if proposed;
9. Site photographs showing site and adjacent properties;
10. Shadow diagram if deemed necessary to evaluate potential shading of adjacent properties;
11. Story poles reflecting the proposed height of the structure(s) if needed to evaluate project
impacts.
D. Multiple Applications. When multiple permit applications are filed for a given development or site
(for example, in the case of a development which requires a use permit, environmental and design review
permit and a variance) the Community Development Director may schedule combined hearings.
DIVISION 4: San Rafael Municipal Code Title 14 — Chapter 14.25 (Environmental and Design Review
Permits)
Sections:
14.25.040 Improvements subject to review.
B. Minor Physical Improvements.
1. New construction and modifications, including but not limited to:
a. Any new residence and accessory structure, including ground floor additions over five
hundred (500) square feet in size, upper -story additions of any size or any modification that
increases the height of the roofline, located on residential lots with slopes over twenty-five percent
(25%) or located in the hillside resource residential and hillside residential general plan land use
districts,
b. Any new single-family residence consisting of two or more habitable floors or any
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,
C. Any new single-family residence when located on a flag lot,
d. Any residential structure where design review is required by adopted neighborhood or
specific plan, and where not otherwise specified in this chapter,
e. Accessory structures, or additions or modifications to any residential structure located
within one hundred (100) vertical feet of a ridgeline,
f. Duplexes, including addition of a unit converting a single-family dwelling into a duplex,
g. Additions to residential structures with two (2) or more units, where the addition constitutes
twenty percent (20%) or less than the total square footage of the building,
h. Upper -story additions to single-family and duplex residential structures,
i. New construction or reconstruction of boat docking facilities,
j. Additions and alterations to existing nonresidential structures where the addition is no
greater than thirty percent (30%) of the existing square footage, and no greater than seven hundred
fifty (750) square feet,
k. Structures over the height limit, including flagpoles, above -ground utility distribution
facilities including communications towers and public water tanks, windmills, monuments, steeples,
cupolas and screens for mechanical equipment (chimneys are exempt.);
C. Administrative Design Permits.
1. Decks, or additions to existing decks, higher than three feet (3') above grade, except for decks:
a. Less than a total of one hundred (100) square feet, or
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. Outdoor eating areas;
3. Minor exterior alterations to a structure or development that have minimal impacts on the
visual character or function of the building or development;
4. Satellite dishes over the height limit in a multifamily or nonresidential district;
5. Fences over six feet (6'), unless such fences are part of a development otherwise subject
to major or minor environmental and design review;
6. Exterior repainting and refinishing on a development subject to environmental and design
review when colors or materials are not from the approved earthtone-woodtone list;
7. Design changes to dwelling units existing or approved as of January 1, 1991 and being
replaced pursuant to Section 14.16.060, Conservation of dwelling units;
8. Development subject to review for an administrative design permit pursuant to any other
provision of this title.
DIVISION 5: San Rafael Municipal Code Title 14 — Chapter 14.25 (Environmental and Design Review
Permits)
Sections:
14.25.050 Review Criteria.
4
F. Architecture.
6. Upper -Story Additions and Modifications Which Result in More than One Floor. Design
review of new two story homes, upper -story additions and lift -and -fill construction is included to
assure better design of such additions and to limit impacts on adjacent properties. Modifications to
structures on lots in the hillside development overlay district or on lots with an average slope over
twenty-five percent (25%) are subject to the Hillside Residential Design Guidelines Manual.
a. Windows Facing the Rear Yard. There shall be a minimum number of upper -story windows
facing the rear where privacy of adjacent residential structures would be affected. Windows above
the first story shall be designed so that they do not look directly onto private patios or backyards of
adjoining residential property. Skylights, opaque glass, permanently affixed louvers, inset windows
or windows with high sills may be required where appropriate when other window designs would
severely affect the privacy of rear yards or patios of adjacent residences.
b. Windows Facing the Side Yard. Windows, balconies or similar openings above the first
story shall be oriented so as not to have a direct line -of -sight into windows, balconies or similar
openings of adjacent structures.
c. Windows Facing the Front Yard. Windows, balconies, doors or other openings above the
first story are encouraged. Windows and doors shall match the style and scale of the windows and
doors of the existing structure. Upper -story additions shall be an extension of the existing residence
with internal circulation connecting to the existing structure.
d. Outside Stairways. Outside stairways to upper stories shall be designed as modest
structures which do not dominate the facade of the building.
e. Design Consistency. Proposed roof slope, window style and building materials shall be
designed to be consistent with the roof slope, window style and materials of the existing structure.
f. Neighborhood Compatibility. Where a prevailing design exists on both sides of the street
for the length of the block, the addition or modification shall be designed to be compatible with the
design character and scale of the neighboring buildings.
g. Shadowing. Shading of existing solar collectors and primary, active recreational areas in
the rear and/or side yards of adjacent properties should generally not exceed 10% of the area or
increase existing shading by more than 10% between the hours of noon and 3:00 p.m. on
December 21 due to the proposed upper -story construction. For purposes of this subsection, a
solar collector shall be any device which is designed primarily to collect solar energy and which
contains an areas of twenty-four (24) square feet or more. Applications which cannot meet this
design criterion shall demonstrate that every feasible effort has been made to reduce the shading
impacts of the proposed structure and that a reasonable upper -story addition which complies with
this design criterion is not feasible.
DIVISION 6:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council
hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
DIVISION 7:
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 adoption, together with the names of the
Council members 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.
)ALBE BORO, Mayor)
ATTEST:
JE N� M. LEONCINI, City Clerk
The foregoing Ordinance No. 1820 was read and introduced at a Regular Meeting of the City Council of
the City of San Rafael, California, held on Monday, the 2nd day of February, 2004 and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
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 Tuesday, the 17th day of February, 2004.
JEA N LEONCINI, ity Clerk
2