HomeMy WebLinkAboutOrdinance 1694 (Vision of Downtown)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, 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. 1694 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLES 14 AND 15
OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL AS THEY APPLY TO
DOWNTOWN WITH NEW ZONING DISTRICTS, CHANGED PARKING STANDARDS FOR
OFFICE AND RESIDENTIAL USES, DIFFERENT HEIGHT LIMITS AND FLOOR
AREA RATIO STANDARDS, REVISED CONDOMINIUM REQUIREMENTS, NEW
DESIGN GUIDELINES AND MISCELLANEOUS CHANGES TO HELP IMPLEMENT OUR
VISION OF DOWNTOWN SAN RAFAEL AND MINOR RELATED PERMIT
STREAMLINING CHANGES APPLICABLE CITYWIDE"
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 4th day of MARCH, 1996, a summary of Ordinance No. 1694 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 18th day of MARCH, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest)
WITNESS my hand and the official
seal of the City of San Rafael this
20th day of MARCH, 1996.
A,p� r (Seal )
JEANNE M. LEONCINI, City Clerk
ORDINANCE NO. 16.94
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS
14.03,14.04,14.05,14.06,14.08,14.09,14.14,14.16,14.17,14.18,14.19,14.21,14.22,14.24,14.25
OF TITLE 14 (ZONING) AND 15.50 OF TITLE 15 (CONDOMINIUMS)
OF THE SAN RAFAEL MUNICIPAL CODE
TO IMPLEMENT OUR VISION OF DOWNTOWN SAN RAFAEL
WITH CODE REVISIONS AND MAP CHANGES
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
WHEREAS, the Planning Commission has held a duly -noticed public hearing on the
proposed amendments to the zoning and subdivision ordinances as required
by State Law and has considered all written correspondence, verbal
testimony and the staff reports and memos relevant to the proposed
amendments and has recommended to the City Council approval of the
proposed amendments; and
WHEREAS, the City Council has held a duly -noticed public hearing on the proposed
amendments to the zoning and subdivision ordinances and has
considered all written correspondence, verbal testimony and the staff
reports and memos; and
WHEREAS, the proposed amendments are consistent in principle with the General
Plan and serve the public health, safety and general welfare based on the
following specific findings:
1. General Plan. The Plan amendments, including replacement of
existing policies related to Downtown, new land uses, changed height
limits, new floor area ratio limits, additional bonuses, and related
changes are to implement Oacr Vision of Downtown San Rafael, a
community-based consensus document which promotes economic
vitality and sustainability Downtown and a complete urban
community while maintaining environmentally sound practices. The
amendments as a whole substantially comply with and are consistent
with other General Plan policies for the following reasons:
a. The amendments are consistent with goals and policies
encouraging the provision of housing, particularly affordable
housing. Downtown housing, given its smaller size and type, is
more likely to be affordable to moderate income households as
described in Housing Background ("Downtown," pg. HB -16).
b. The amendments are consistent with land use goals and policies to
strengthen our community's identity, foster economic growth and
encourage cultural facilities (General Plan, pages 21-22).
c. The amendments include circulation standards which are
appropriate for a Downtown urban center, and which are
consistent with circulation goals to provide a balanced and
diversified transportation system. Based upon the Downtown/
East San Rafael Traffic Model, and the Mitigated Negative
Declaration, the new Downtown policies will adequately provide
for Downtown circulation needs and public safety.
d. The amendments make no changes to City safety and environmental
policies which assure environmental protection and safety
considerations are incorporated when new development occurs.
e. The amendments serve the public health, safety and general
welfare in that the amendments will not materially affect adversely
the health or safety of persons residing or working in downtown
and will not be materially detrimental to the public welfare or
injurious to property or improvements in the neighborhood or to
the general welfare of the City.
2. Subdivision. Pursuant to Section 66913.2 of the Government Code,
and based upon the Mitigated Negative Declaration and the record,
the proposed subdivision (condominium) amendments delete
suburban regulations which limit opportunities for the development of
a wide variety of housing Downtown thereby helping the City of San
Rafael meet its housing needs.
THE COUNCIL OF THE CITY OF SAN RAFAEL DO HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. Chapters 14.03,14.04, 14.05, 14.06, 14.08, 14.09, 14.14, 14.16,
14.17, 14.18, 14.19, 14.21, 14.22, 14.24, 14.25 of the Zoning Ordinance and 15.50 of the
Subdivision (Condominium) Ordinance are amended as shown in Exhibit A.
DIVISION 2. This zoning and subdivision amendment shall become effective in
accordance with Section 65859 of the Government Code of the State of California.
DIVISION 3. 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 4. 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 effective thirty (30)
days after its passage, and the summary of this Ordinance shall be published within
fifteen (15) days after the adoption, together with the names of the Councilmembers
voting for or against same, in the Marin Independent Journal, a newspaper of general
circulation published 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 and against the Ordinance.
LBERT ZBO!, Mayor
ATTEST:
er
JE M. LEONCIlVI, City Clerk
The foregoing Ordinance No. 1694 was read and introduced
at a regular meeting of the City Council of the City of San Rafael on Monday, March 4,
1996 and was ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Zappetini
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest)
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 Monday, March 18,1996.
JE . LEONCIlVI, City Clerk
2
EXHIBIT A
ZONING ORDINANCE AMENDMENTS
Chanter 3 Definitions
Downtown: Encompasses those lots in one of the Downtown Zoning Districts, or in one of the residential zoning
districts between Mission and Second, and Lincoln and Ida Streets.
Downtown Parldns Assessment District: The Downtown Parking Assessment District, titled Parking District
No. 1, encompasses an area generally between Lincoln and D, and Second and Fifth, as shown on the
following map. [Text amendment only; no changes to map on page 3 - 4 of Zoning Ordinance.]
Chanter 4 Residential Districts
14.04.040 Property Development Standards (DR, MR, HR)
See chart (page 4) for revised minimum usable outdoor area, and for new and renumbered footnotes.
Chapter 5 Commercial and Office Districts (GC. NC. O. DCC. C/O. R/O. FBWC)
Change Chapter heading to: Commercial and Office Districts deleting listing of zoning districts
Adopt new Downtown Zoning Districts (see ntap, page 5).
14.05.010 Specific Purposes
F. To promote San Rafael's downtown area as a viable commercial and financial center, and as an urban
center with a mixture of civic, social, entertainment, cultural and residential uses.
H. To provide housing opportunities by encouraging a variety of housing in mixed-use districts.
K. Fourth Street Retail Core District (4SRC)
1. Existing Character. The Fourth Street Retail Core District is the heart of Downtown San Rafael.
Fourth Street is a popular shopping and restaurant center serving a regional market with small-scale
and larger shops, restaurants and service businesses lining the street. The district offers many events
and entertainment and cultural opportunities for San Rafael residents and greater Marin. There are
also a number of financial institutions and upper floor offices in the district.
2. Allowed Uses. The Fourth Street Retail Core will continue to be an active and growing regional
retail and cultural center offering a mix of small specialty retail shops, larger retail stores, personal
services and offices. Uses along the street are those which foster an active and healthy retail center.
These uses typically have a high customer turnover, contribute to and benefit from a high volume of
pedestrian traffic, provide storefront and window displays, and offer merchandise or a service likely
to be included during a shopping visit Downtown. Evening activity is promoted by maintaining a
mix of uses including businesses and restaurants with evening hours of operation, and entertainment
and cultural uses. In keeping with the district's existing character, mixed-use buildings with housing
or offices above ground floor retail uses are encouraged. Residential uses are allowed on the rear
ground floor, second floor and above.
Design Intent. Facade changes and new development must be compatible with the pattern and
character of the many attractive and historic buildings along Fourth Street. Pedestrian -oriented street
frontages must be provided to maintain human scale in building design. A continuity of retail stores
and display windows is required. In order to promote robust retail activity, the highest development
intensities in San Rafael are allowed in the Fourth Street Retail Core. Building height will typically
range from two to four stories with opportunities for additional height up to five stories where a
specific amenity or community benefit is provided.
L. Commercial/Office District (C/O)
The Commercial/Office District promotes retail, office, mixed retailloffice/residential uses, and cultural
facilities. The Commercial/Office District is different from the Downtown zoning districts in that it
provides greater opportunity for office and financial uses in fust -floor locations. Except for fust -floor
street frontages, residential units are promoted to provide evening and weekend activity, increase the
City's supply of housing units and support Downtown activities and uses.
14.04.040 Property Development Standards (DR, MR, HR)
NA: Not applicable.
(A) Outside of Downtown, only one unit is permitted, and no additional units are permitted, on lots less
than 5,000 square feet, per section 14.16.300 (Small Lots).
(B) The minimum lot area for a boarding house is 500 sq. ft. per guest room.
(C) A density bonus may be granted, as provided for in Section 14.16.090 (Density Bonus).
(D) (existing footnote C) Where two or more lots in a block have been improved with buildings, the
minimum required shall be standard, or the average of improved lots on both sides of the street for the
length of the block, whichever is less.
(E) (existing footnote D) Where there is a driveway perpendicular to the street, any garage built after
January 1, 1991 shall be setback 20 feet.
(F) (existing footnote B) Parking and maneuvering areas, excluding access driveways, shall be prohibited in
all required rear and side yards, per section 14.18.200 (Location of Parking and Maneuvering Areas).
(G) (existing footnote E) In the DR and MR district, on a reverse corner lot, the rear 20 feet of the street side
shall have a 15 foot setback.
(H) (existing footnote F) In the MR or HR districts, where development is adjacent to a single-family district,
the rear yard setback shall be 10 feet.
(I) (existing footnote G) In order to provide adequate privacy and sunlight, additional separation may be
required through design review.
(J) The height limit in the Latham Street Neighborhood ranges from 30 to 36 feet. See the Downtown
Height Map for lot -specific information.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height Bonus).
(L) (existing footnote J) Private yard areas shall have a minimum dimension of six feet. In the HR Districts,
common indoor area suitable for recreational uses may be counted toward the usable outdoor area
requirement.
(M) (existing footnote K) Where a driveway is located in a side yard, a minimum of three feet of buffer
landscaping shall be provided between the driveway and side property line. The required rear yard
shall be landscaped to provide a buffer.
4
HR1
Additional Standards
Minimum Lot Area (sq. ft.)
6,000
Minimum Lot Area/ Dwelling Unit (sq. ft.)
1,000
(A), (B), (C)
Minimum Lot Width (ft.)
60
Minimum Yards:
Front (ft.)
15
(D), (E)
Side (ft.)
10% of lot width,
(D), (F)
min. 3', max. 5'
Street side (ft.)
10
(E), (F), (G)
Side Providing Pedestrian Access (ft.)
12
(F)
Rear (ft.)
5
(F), (H)
Distance between Res. Structures:
(I)
No Pedestrian Access to Structures (ft.)
8
Pedestrian Access to Structures (ft.)
20
Maximum Height of Structure (ft.)
36
(J), (K)
Maximum Lot Coverage
60%
Minimum Usable Outdoor Area (common
100
(L)
and/or private)/Dwelling Unit (sq. ft.)
Landscaping
50% front and
(M)
street side yards
(A) Outside of Downtown, only one unit is permitted, and no additional units are permitted, on lots less
than 5,000 square feet, per section 14.16.300 (Small Lots).
(B) The minimum lot area for a boarding house is 500 sq. ft. per guest room.
(C) A density bonus may be granted, as provided for in Section 14.16.090 (Density Bonus).
(D) (existing footnote C) Where two or more lots in a block have been improved with buildings, the
minimum required shall be standard, or the average of improved lots on both sides of the street for the
length of the block, whichever is less.
(E) (existing footnote D) Where there is a driveway perpendicular to the street, any garage built after
January 1, 1991 shall be setback 20 feet.
(F) (existing footnote B) Parking and maneuvering areas, excluding access driveways, shall be prohibited in
all required rear and side yards, per section 14.18.200 (Location of Parking and Maneuvering Areas).
(G) (existing footnote E) In the DR and MR district, on a reverse corner lot, the rear 20 feet of the street side
shall have a 15 foot setback.
(H) (existing footnote F) In the MR or HR districts, where development is adjacent to a single-family district,
the rear yard setback shall be 10 feet.
(I) (existing footnote G) In order to provide adequate privacy and sunlight, additional separation may be
required through design review.
(J) The height limit in the Latham Street Neighborhood ranges from 30 to 36 feet. See the Downtown
Height Map for lot -specific information.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height Bonus).
(L) (existing footnote J) Private yard areas shall have a minimum dimension of six feet. In the HR Districts,
common indoor area suitable for recreational uses may be counted toward the usable outdoor area
requirement.
(M) (existing footnote K) Where a driveway is located in a side yard, a minimum of three feet of buffer
landscaping shall be provided between the driveway and side property line. The required rear yard
shall be landscaped to provide a buffer.
4
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M. Residential/Office Districts (R/O)
The Residential/Office District is a transitional area between the Downtown zoning districts and nearby
residential areas. This district promotes residential, office, and mixed-use residential/office projects.
This district also provides limited retail and personal service uses which support residential and office
uses, and which are compatible with such uses. Gasoline service stations are allowed along major
arterials such as Second Street.
This district is characterized by lower development intensity than in the Downtown zoning districts. The
Residential/Office District is also intended to be less intense in terms of evening and weekend activity
than the Downtown zoning districts.
O. Hetherton Office (HO)
1. Existing Character. The Hetherton Office District is at the eastern edge of Downtown adjacent to
Highway 101. The district has a wide variety of uses from the Whistlestop Senior Center and the
Transportation Center to small and medium size offices and stores. An unused railroad right-of-way
planned as a future transitway bisects the District, and there are a number of underutilized lots.
2. Allowed Uses. The Hetherton Office District is expected to become a major office area because of
its proximity to the Transportation Center, Fourth Street retail and services, and the visibility from
and access to Highway 101. New large-scale office development is encouraged in order to
strengthen Downtown's standing as a business and financial center. On the ground floor, office,
business -support retail, personal service uses and restaurants are encouraged. Parking structures are
allowed, and should have commercial uses on the ground floor. Limits on shops protect Fourth
Street retail businesses. Housing is allowed on the second floor and above, and if part of a mixed-
use development.
3. Design Intent. The Hetherton Office District is intended to become an elegant entryway into
Downtown. Development will be large-scale with on-site parking, and should include landmark
design elements supportive of the district's gateway role. Buildings will typically range from three to
five stories with upper stories stepped back. Plazas, public art and ground floor retail are encouraged
along Fourth Street between Hetherton and Fourth Street.
P. Cross Street Mixed Use District (CSMU)
1. Existing Character. The Cross Street Mixed Use District has a variety of shops, offices, restaurants
and residential uses along "A", `B" and "C" Streets. There are also several vacant and underutilized
lots in the district. The cross streets are a transition area between the Gerstle Park neighborhood and
the Fourth Street Retail Core.
2. Allowed Uses. The Cross Street Mixed Use District is intended to be an active pedestrian area along
A and B Streets with a wide range of uses encouraged, including retail, restaurants, office and
financial services, entertainment, cultural and other neighborhood -serving uses. Residential uses are
also permitted throughout.
3. Design Intent. Development must be compatible with the existing pattern and character of the many
attractive and historic buildings along "A" and 'B" Streets. Each cross street should have a pleasant
walking environment as well as an individual and unique identity. Continuity of retail stores and
display windows is encouraged throughout. Building heights will range from one to four stories with
opportunities for additional height of five stories on "A" Street where a specific amenity or
community benefit is provided.
Q. Second/Third Mixed Use District East (2/3 MUE)
1. Existing Character. The Second/Third Mixed Use District East is part of a major transportation
corridor bordering the southern edge of Downtown, from Highway 101 to Brooks Street. The district
is comprised of a "one-way pair" of Second and Third Streets carrying traffic through Downtown.
There is a mix of uses, including large and small-scale offices and retail shops, and residential uses.
This area is highly visible to the Marin community, is adjacent to the planned vitality of the Lindaro
Office District, and provides many opportunities to enhance the overall impression of Downtown.
2. Allowed Uses. The Second/Third Mixed Use District East is to become more attractive, efficient
and better utilized with a mix of compatible uses serving local, community and regional needs.
Because of the District's proximity to Highway 101 and the Transportation Center, this area is
suitable for office and office -support retail and service uses. Limited auto -serving retail stores are
allowed. Housing is encouraged as part of a mixed use project.
Design Intent. New development will help create an inviting appearance to Second and Third
Streets. Parking areas should be attractive and screened, yet easy -to -find. Because of the high
volume of traffic, the streetfront design should give special attention to pedestrian safety and comfort
through setbacks and landscaping. This District has one of the highest levels of development
intensity Downtown because of its proximity to the Highway and the Transportation Center.
Building heights are four stories with height and FAR bonuses possible in limited circumstances to
allow buildings up to five stories when desirable amenities are provided.
J
R. Second/Third Mixed Use District West (2/3 MUW)
Existing Character. The Second/Third Mixed Use District West is part of a major transportation
corridor bordering the southern edge of Downtown, from "C" Street to the West End. The district is
comprised of a "one-way pair" of Second and Third Streets carrying traffic through Downtown.
Existing uses include small- to medium -scale offices, retail shops and residential units. This area is
highly visible to the Marin community and provides an opportunity to enhance the overall impression
of Downtown. It also serves as a transition between the Gerstle Park Neighborhood and the Fourth
Street Retail Core.
2. Allowed Uses. The Second/Third Mixed Use District West is to become more attractive, efficient
and better utilized with a mix of compatible uses serving local, community and regional needs. Uses
which benefit from the high visibility along Second and Third Streets and which do not require heavy
pedestrian traffic, such as office and office -support retail and service uses, retail usually accessed by
car (i.e. daily needs retail such as grocery and drug stores, etc.), and limited auto -serving and large
item retail are allowed. Housing is encouraged throughout the District.
3. Design Intent. Development will help create a more inviting appearance to the District. Parking
areas should be attractive, screened and easy -to -find. Because of the high volume of traffic, the
streetfront design should give special attention to pedestrian safety and comfort through setbacks and
landscaping. Each cross street should have a pleasant walking environment as well as an individual
and unique identity. Building heights are three stories, and intensities transition from a higher FAR
close to Fourth Street to a lower FAR south of Second Street near the neighborhood.
S. West End Village District (WEV)
1. Existing Character. The West End is an older commercial village adjacent to several neighborhoods.
Small-scale shops and restaurants and small businesses along Fourth Street provide convenience
goods and services to the nearby residential areas as well as specialty retail shopping opportunities
for the wider San Rafael community.
2. Allowed Uses. The West End Village will continue to be a unique and desirable place to shop and
live. A variety of goods and services is encouraged, ranging from one -of -a -kind shops,
neighborhood -serving offices and services, family and youth -oriented entertainment activities, and
restaurants. New parking areas are strongly encouraged. Limits on drive -up facilities and late-night
activity protect the livability in the West End Village, and promote an attractive pedestrian setting.
Mixed-use residential development is encouraged.
Design Intent. Infill development should remain compatible with the area's historic low -scale pattern
and character. New buildings will typically range from one to two stories with opportunities for
occasional three-story mixed use commercial/residential buildings which complement the older
buildings in the District.
T. Fifth/Mission Residential/Office District (5/M R/0)
1. Existing Character. The Fifth/Mission Residential/Office District is a mixed-use residential and
office area between the Fourth Street Retail Core and nearby residential areas. Many cultural and
civic uses, such as City Hall, the Falkirk Cultural Center and the San Rafael Mission, are in or
adjacent to this district. Fifth and Mission Avenues have some of Downtown's nicest places because
of their beautiful street tree canopies, historic buildings, and Boyd Park.
2. Allowed Uses. The Fifth/Mission District should continue to have residential, office, civic and
cultural uses. The district provides suitable sites for a wide variety of office uses, including medical,
bank, professional and administrative offices. These uses are compatible with residential uses,
provide a sensitive transition between the Core and the neighborhoods, and are better located along
Fifth and Mission than on Downtown's retail streets. Cultural and educational uses are allowed
throughout, and ground floor retail and personal service uses are allowed from C Street east, on cross
streets between Fourth Street and Fifth Avenue. Limits on retail uses and drive -up uses protect the
livability of the Fifth/Mission District. This area is a desirable location for residential uses because
of the convenience of living close to Downtown's cultural, entertainment and shopping opportunities.
3. Design Intent. Infill development will preserve the scale and elegant character of existing buildings
along Fifth and Mission Avenues. Building heights will typically range from one to three stories,
with larger scale buildings closer to the center of Downtown.
14.05.020 Land Use Regulations (GC, NC, O, C/O, R/O, FBWC)
Delete "DCC" from listing of zoning districts in section heading, as shown above.
See chart next page for amendments to 14.05.020 (GC, NC, O, C/O, RIO, FBWC):
noting Zoning Administrator Use Pennits with a "CZ, "
adding 'gun shops' as a use,
changing 'check cashing offices' to "CZ, " and
deleting DCC column.
7
See chart (pages 9 - 17) for new use listing for 14.05.022 Land Use Regulations (4SRC, CSMU, HO, 2/3
MUE, 2/3 MUW, WEV, 5/M R/O).
14.05.020 Land Use Regulations (GC, NC, O, C/O, R/O, FBWC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
*See
14.05.020(A)
Animal care facilities
CZ
CZ
CZ
Printing shops
P
P
P
CZ
Coffee Roasters
CZ
CZ
Convenience markets
CZ
CZ
CZ
CZ
Liquor Stores
(1) Less than 200 ft from Res. District
CZ
CZ
CZ
CZ
CZ
Funeral and internment services
CZ
CZ
CZ
(including crematories, mortuaries)
Kiosks
CZ
CZ
CZ
CZ
CZ
Auto detailing
CZ
Repairs, major (engine work, painting,
CZ
and body work)
Repairs, minor (tune-ups, brakes,
CZ
CZ
CZ
CZ
C
batteries, tires, mufflers and
upholstery)
Music rehearsal/recording studios
CZ
Outdoor storage
CZ
CZ
CZ
CZ
C
Dry cleaning establishments, with
CZ
CZ
CZ
CZ
CZ
on-site processing
Gun shops
A
C See Chapt.17 standards
Second hand stores and pawn shops
CZ
CZ
Check -cashing offices
CZ
CZ
CZ
CZ
Laboratories
CZ
CZ
CZ
CZ**
CZ
Schools
Business trade, performing arts, vocational
CZ
CZ
CZ
CZ
Animal keeping
CZ
CZ
CZ
Caretaker's residence
CZ
CZ
CZ
CZ
CZ
C
Day care center (13 or more children or
CZ
CZ
CZ
CZ
CZ
C
adults)
"Park and ride" facilities
CZ
CZ
CZ
C
Parking facilities, commercial or
CZ
CZ
CZ
CZ
C
municipal
Temporary uses
A
A
A
A
CZ
A
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Commercial Uses
P
Animal sales and service, excluding
P
exterior kennels, pens or runs (1)
P
Animal care facilities
CZ
Animal retail sales
P
Building materials and supplies
P
Brick, gravel, rock, concrete and
P
lumber sales
P
Electrical supply stores
P
Equipment rental businesses (2)
P (4)
Glass and window stores
P
Hardware stores (2)
P P
Paint stores (2)
P
Plumbing supply stores (and
CZ
ancillary service)
CZ (4)
Business sales and service
Blueprint and photocopy shops
P P
Computer services
P P
Locksmith shop
P P
Office furniture sales and rentals
P P
Office supply and business machine
P P
shops
Printing shops
CZ CZ
Card Rooms (5) C
Coffee Roasters CZ CZ
Food and beverage service
establishments
Brew pubs C C
CZ CZ CZ
P P
P (3) P
P P P P
P P P
P
P
P
P
P (4)
P
P
P
P
P (4)
P
P
P
P
P (4)
P
P
P
P
P (4)
P
P
P
P
P (4)
CZ
CZ
CZ
CZ
CZ (4)
CZ CZ CZ CZ CZ (4)
C C C C
(1) See Municipal Code 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 Avenue.
(5) See Municipal Code 10.36.
6
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Catering establishments
CZ
CZ
Cocktail lounges
C
C
Fast food restaurants
C
C
Food service establishment, high
C
C
volume
C
C (4)
Food service establishment (with or
A
A
without incidental serving of
A (4)
P
beer or wine), without a cocktail
P
P
lounge, live entertainment,
P
P
and/or dancing
P
P (4)
(1)1,000 sq. ft. or less in size
P
P
(2) More than 1,000 sq. ft. in size
P
P
Food service establishment with a
C
C
cocktail lounge, live
CZ
CZ
entertainment, and/or dancing.
CZ
CZ (4)
Seasonal outdoor eating areas (6)
A
A
Food and beverage stores
CZ (4)
A
Bakeries, retail (and ancillary food
P
P
service)
Candy stores and confectioneries
P
P
Convenience markets
CZ
Grocery stores and supermarkets (7)
P
Liquor stores
(1) Less than 200 ft from Res District
CZ
(2) 200 or more ft. from Res. District
P
Fortunetelling (8)
A (9)
A (9)
Funeral and internment services
(including crematories,
mortuaries)
Kiosks
CZ
CZ
CZ P P CZ P (4)
C C C C C (4)
C C C C
C C C C
P
P
P
P
C (4)
P
P
P
P
P (4)
C
C
C
C
C (4)
A
A
A
A
A (4)
P
P
P
P
P (4)
P
P
P
P
P (4)
CZ
CZ
CZ
CZ
CZ (4)
P
P
P
P
C (4)
CZ
CZ
CZ
CZ
CZ (4)
P
P
P
P
CZ (4)
A
A
A (9)
CZ
CZ
CZ CZ CZ CZ CZ
(4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue.
(6) See Section 14.17.100 (Seasonal Outdoor Eating Areas).
(7) Operating after 11 p.m. requires a Use Permit.
(8) See Section 14.17.060 (Fortunetelling).
(9) Use permitted only on the rear ground level or second floor or above.
10
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Motor vehicle sales and service
CZ
(including automobiles,
C
motorcycles trailers, trucks and
C C
recreational vehicles)
Auto detailing
C
Coin -op washing
Gasoline stations (including minor
P
repair, such as tune-ups, brakes,
P
batteries, tires, and mufflers) (10)
P (4)
Rentals
Repairs, major (engine work,
C
painting, and body work) (11)
Repairs, minor (tune-ups, brakes,
CZ
batteries, tires, mufflers and
CZ
upholstery) (11)
CZ
Sales, new or used vehicles
Sales, parts and supplies
P
Sales, tires and ancillary service
Music rehearsal/recording studios
CZ (9)
Outdoor storage
P
Personal service establishments
P (4)
Artistic and photographic studios,
P
without sale of equipment or
P
supplies.
P (4)
Barber shops/beauty salons
P
Dry cleaning establishments, with
P
no on-site processing
P (4)
Dry cleaning establishments, with
CZ
on-site processing
CZ
Laundromats (self-service) (7)
P
CZ
CZ
C
C
C C
C C
P (2)
CZ
CZ (3)
CZ
CZ
CZ
C
P
P
P
P
P (4)
C
C
CZ
CZ
CZ
CZ
CZ (9)
CZ
CZ
P
P
P
P
P
P (4)
P
P
P
P
P
P (4)
P
P
P
P
P
P (4)
CZ
CZ
CZ
CZ
CZ
CZ (4)
P
P
P
P
P (4)
(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 Avenue.
(7) Operating after 11 p.m. requires a Use Permit.
(9) Use permitted only on the rear ground level or second floor or above.
(10) See Section 14.16.160 (Gasoline Stations).
(11) See Section 14.17.090 (Motor Vehicle Repair Uses).
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Massage Establishments (12)
P (9)
P (9)
P (9)
P (9)
P (9)
P (9)
Nail salons
P
P
P
P
P
P
P (4)
Seamstress/tailor
P
P
P
P
P
P
P (4)
Shoe repair
P
P
P
P
P
P
P (4)
Travel agencies
P
P
P
P
P
P
P (4)
Recreation facilities (indoors)
Bowling alleys (13)
C
Game arcades (14)
C
C
C
C
Health clubs/gyms
C
C
C
C
C
C
C(4)
Pool halls/billiards
C
C
C
C
Theatres
C
C
C
C
C
Retail
Antique stores
P
P
P
P
P (4)
Apparel stores
P
P
P
P
P (4)
Appliance stores (and ancillary
P
P
P
P
P (4)
repair)
Art, craft, music and photographic
P
P
P
P
P
P
P (4)
supply stores
Auctions (15)
P
P
P
P
P (4)
Bicycle shops
P
P
P
P
P (4)
Book, gift, stationery stores
P
P
P
P
P
P
P (4)
Department stores
P
P
P
P
P (4)
Discount stores
P
P (16)
P
P (16)
P
P
P (4)
Drug stores and pharmacies
P
P
P
P
P
P
P (4)
Electronics sales (televisions, radios,
P
P
P
P
P
P
P (4)
computers, etc.)
Florist shops
P
P
P
P
P
P
P (4)
Furniture stores and upholstery
P
P
P
P
P (4)
shops (and ancillary repair)
(4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue.
(9) Use allowed only on the rear ground level or second floor or above.
(12) See Municipal Code 8.34.
(13) See Municipal Code 10.32.
(14) See Section 14.17.070 (Game Arcades).
(15) See Municipal Code 10.16.
(16) Office -support retail only.
12
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Gun shops
A
A
A
A
Jewelry stores
P
P
P
P (4)
Plant nurseries & garden supply
P (2)
P (2)
P (2)
P (2)
P (2) (4)
Second hand stores and pawn shops
CZ
CZ
CZ
CZ
CZ (4)
(17)
Shoe stores
P
P
P
P
P (4)
Shopping centers
C
C
C
C
C (4)
Sporting goods stores
P
P
P
P
P (4)
Stamp and coin shops
P
P
P
P
P (4)
Swimming pool supplies
P
P
P
P
Toy stores
P
P
P
P
P (4)
Variety stores
P
P
P
P
P (4)
Video sales and rentals
P
< 2,000 sf: P
P
< 2,000 sf: P
P
P
P (4)
2000+sf:CZ
2000+sf:CZ
Offices and Related Uses
Financial services and institutions
Banks
P (9), A (18)
P
P
P
P
P (9), A (18)
P
Check -cashing offices
CZ (9,18)
CZ
CZ
CZ
CZ
CZ (9,18)
CZ
Foreign currency exchange and/or
P (9), A (18)
P
P
P
P
P (9), A (18)
P
delivery services
Savings and loan institutions
P (9), A (18)
P
P
P
P
P (9), A (18)
P
Medical services (medical, dental
and health-related services, with
sale of articles clearly incidental
to the services provided)
Clinics C (9) C C C C C (9), A (18) C
Hospitals
(2) See "Outdoor storage."
(4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue.
(9) Use allowed only on the rear ground level or second floor or above.
(17) See Municipal Code 10.20.
(18) Office use on the 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.)
13
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Major medical facilities, including
C
extended care facilities (treatment
and convalescent) and children's
treatment facilities
Laboratories
CZ (9)
CZ
CZ
CZ
CZ
CZ (9, 18)
CZ
Medical offices
P (9)
P
P
P
P
P (9), A (18)
P
Offices, General
Administrative offices
P/A (9)
P
P
P
P
P (9), A (18)
P
Business, professional offices
P (9), A (18)
P
P
P
P
P (9), A (18)
P
Public and Ouasi-Public Uses
Clubs and lodges, including youth
C (9)
C
C
C
C
C (9)
groups
Public facilities
Administrative offices
P (9), A (18)
P
P
P
P
P (9), A (18)
P
Day services center
C
Libraries, museums, and other
C
C
C
C
C
C
C
cultural facilities
Public facilities, other (police, fire,
C
C
C
C
C
C
C
paramedic, post office, etc.)
Public parks, playgrounds, and
P
P
P
P
P
P
P
recreation facilities
Religious institutions
C
C
C
C
C
C
C
(9) Use permitted only on the rear ground level or second floor or above.
(18) Office use on the 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.)
14
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Schools
Parochial, private
C (9)
C
C
C
C
C (9)
C
Public
P
P
P
P
P
P
P
Business trade, performing arts,
CZ (9,18)
CZ
CZ
CZ
CZ
CZ (9, 18)
CZ
vocational
Residential and
Visitor Accommodation Uses
Single-family residential
Duplex residential
P
P
Multifamily residential (19)
A
A (20)
A
A (20)
A
A
P
Animal keeping
A
A
A
A
A
A
A
Caretaker's residence
A
A (20)
A
A (20)
A
A
A
Conversion or demolition of
C
C
C
C
C
C
C
residential units (21)
Emergency shelters for the
homeless
Permanent
Temporary or rotating
C
C
C
C
C
C
C
(9) Use permitted only on the rear ground level or second floor or above.
(18) Office use on the 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.)
(19) See Section 14.17.100 (Residential Uses in Commercial Districts).
(20) Residential use allowed if part of a mixed-use development.
(21) For conversion or demolition, see Section 14.16.070 (Conversion or Demolition of Dwelling Units). See also
Municipal Code Chapter 15 (Subdivisions).
15
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Home occupations (22) P P
P
P
P
P
P
Live/work quarters (19) A A (20)
A
A (20)
A
A
A
Residential care facilities for the
handicapped in dwelling unit
(19)
Small (0-6 residents) P P (20)
P
P (20)
P
P
P
Large (7 or more residents) P P (20)
P
P (20)
P
P
P
Residential care facilities, other in
dwelling unit (19)
Small (0-6 residents) P P (20)
P
P (20)
P
P
P
Large (7 or more residents) C C (20)
C
C (20)
C
C
C
Rooming or boarding houses (19) A A (20)
A
A (20)
A
A
A
Dav Care
Day care facility, child or adult
Family day care/dwelling unit
Small (0-6 children or adults) P P
P
P
P
P
P
Large (7-12 children) (23) A A
A
A
A
A
A
Large (7-12 adults) C C
C
C
C
C
C
Day care center (13 or more children CZ (9) CZ
CZ
CZ
CZ
CZ (9)
CZ
or adults)
Visitor Accommodations
Hotels, motels, or bed and C C
C
C
C
C
C
breakfast inns
(9) Use permitted only on the rear ground level or second floor or above.
(19) See Section 14.17.100 (Residential Uses in Commercial Districts).
(20) Residential use allowed if part of a mixed-use development.
(22) See Section 14.16.220 (Home Occupations).
(23) See Section 14.17.040 (Family Day Care Home, Large)
16
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 Use Permit /Planning Commission; CZ: Conditional Use Permit/Zoning
Administrator; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Transvortation Facilities
A A
Bus stations
C
"Park and ride" facilities
CZ
Parking facilities, commercial or CZ
CZ CZ (3)
municipal
CZ
Taxi stations (24)
C
Transit stations or transitways
C
Temvorary Uses
Temporary uses (25)
C
A
A A
Accessory Structures and Uses
Accessory structures and uses P
P P
customarily incidental to a
permitted use and contained on
the same site (26)
(3) Use not allowed on lots which have frontage along "A" and "B" Streets.
(24) See Municipal Code 10.60.
(25) See Section 14.17.130 (Temporary Uses).
(26) See Section 14.16.020 (Accessory Structures).
IN
C
A A
P P
P P
CZ
CZ
CZ
CZ
CZ
CZ
C
C
C
C
A A
A A
P P
P P
14.05.030 Property Development Standards
On chart 14.05.030 (GC, NC, O, DCC, C/O, RIO, FBWC):
Delete reference in title to DCC.
Delete column for DCC.
In the footnotes, make the following changes:
(E) [Deleted 3/4/96]
(G) See General Plan Downtown Height Map for lot -specific height limits.
Adopt chart below 14.05.032 (4SRC, HO, CSMU, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O)
u
H
U Q O
CU �" w
w
id v
O w C
w Cl N a 'b U5
++ O > Cy 01
o b bo
v CU >
o CU b ti G
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Q
d° v u a'�.� .n ba`� � -d "b �
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ar.
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�,tn
1
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12 CU X 5 .5 O -d v
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18
14.06.020 Industrial District Land Use Regulations
See chart below for amendments to 14.06.020 — noting Zoning Administrator Use Permits with a "CZ, and
changing `check cashing offices' to "CZ. "
14.06.020 Land Use Regulations (I, LI/O, CCl/O)
P: Permitted; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Types of Land Use
Contractor's yards (screened)
Laboratories
Check -cashing offices
Animal care facilities (with or without
exterior kennels, pens or runs)
Food service establishment (with or
without incidental serving of beer or
wine) and without a cocktail lounge, live
entertainment, or dancing
(1) 1,000 sq. ft. or less in size
Auto detailing
Music rehearsal/recording studios
Outdoor storage
Schools
Business trade, performing arts, vocational
Caretaker's residence
Day care centers jl
"Park and ride" facilities
Parking facilities, commercial or public
I
LVO
CCl/O
P
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
P
CZ
CZ
P
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ
14.08.020 Marine -Related District Land Use Regulations
See chart below for amendments to 14.08.020 — noting Zoning Administrator Use Permits with a "C. "
14.08.020 Land Use Regulations (M, MC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use M MC
Contractor's shops related to marine CZ CZ
activities, including welding, small
machinery repair, and marine engine
repair
Warehousing, strictly for storage of boats, CZ CZ
boat trailers and fishing gear
Caretaker's residence CZ CZ
"Park and ride" facilities CZ CZ
Parking facilities, public CZ CZ
14.09.020 Public/Quasi-Public District Land Use Regulations
See chart below for amendments to 14.09.020 — noting Zoning Administrator Use Permits with a "CZ. "
14.09.020 Land Use Regulations (P/PQ)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use
Schools
Business, performing arts, vocational
"Park and ride" facilities
Day care center
P/QP Additional Use Regulations
CZ
CZ
CZ
19
Chanter 14 Downtown Review Overlav District
Delete Chapter 14 and zoning map references.
Chanter 16 Site and Use Reeulations
14.16.060 Conservation of Dwelling Units
Legal dwelling units existing or approved as of January 1, 1991, shall be considered conforming uses, except for
such units in the Marine, Marine Commercial, Light Industrial/Office districts, and Industrial districts, and for
single-family units in Downtown mixed use districts.
14.16.070 Conversion or Demolition of Dwelling Units
A Use Permit shall be required for the demolition or loss of a residential unit through conversion of the residential
use to a nonresidential use or a substantially different residential use of any building used since January 1, 1983
for residential purposes. Residential uses subject to this provision include dwelling units, hotels used principally
for long term residential use, and rooming or boarding houses. The following residential uses are exempt:
1) second dwelling units;
2) nonconforming residential uses in the Marine, Marine Commercial, light industrial/office districts and
industrial districts;
3) nonconforming single family residential units in Downtown mixed use districts;
4) illegal units for which demolition or conversion is required for abatement; and,
5) live -aboard boats or houseboats.
The Planning Commission may approve by Use Permit the demolition of an unsafe residential structure declared
by the building official to present an imminent danger, or the demolition or loss of any other residential unit upon
making the following findings:
A. units of the same number (or more) and similar price range (or less) are being provided on or off-site and
these new residential units will be constructed within a reasonable time frame as the proposed
development; or
B. fees for housing replacement have been required consistent with Resolution 7883 or subsequent; or,
C. the project has consolidated units in an existing apartment to provide units exclusively affordable to low
and very low income households; and
D. where tenant displacement occurs, mitigation has been required.
14.16.150 Floor Area Ratios Applicable to Non -Residential Development
B. Mixed -Use Develonment. [add the following new section]
Commercial or Office with Residential in Downtown.. FAR limits apply only to nonresidential
development. The number of units allowed on a lot is based on the minimum lot area required per
dwelling unit. For mixed-use development, the FAR establishes the maximum nonresidential
potential and the density establishes the maximum residential unit potential, with the total
development potential being the combination of the nonresidential and the residential. For example,
Lot "X" in the 2/3 MUW District (FAR is 0.7 and density is 1,000 square feet of lot area per
dwelling unit) with a lot area of 10,000 square feet could develop with up to the following mixed-use
amount, subject to meeting other zoning standards relating the height, parking and design:
Size of Lot "X"
Lot "X" FAR/Density
10,000 sq. ft. FAR: 0.7
Lot Area/Dwelling
Unit: 1,000 sq. ft.
Commercial Sq. FtJ
No. of Units
7,000 sq. ft. commercial
(10,000 sq. ft. of lot area x 0.7 FAR=
7,000 sq. ft.)
and
10 units
(10,000 sq. ft. of lot area/1,000 sq. ft.
=10 units)
20
G. Floor Area Ratio Limits
FLOOR AREA RATIOS
SLOPE NOTES
DISTRICT(S) SPECIFIC AREA, IF ANY USE(S) <5% 5-15% >15%
4SRC, HO, Downtown Non -Residential - - - (2)
CSMU, 2/3 MUE
and MUW,
WEV, 5/M R/O,
C/O,R/O
C/O, R/O Non -Residential 0.32 .16-.24 0.10 (5),(6)
2. For lots in Downtown, see the "Downtown Floor Area Ratio" Map in the General Plan for parcel -specific
FAR limits. The following also apply in and around the Downtown:
c. [deleted March 4, 1996]
5. For lots immediately east of Highway 101 in the Montecito commercial area, the FARs are as shown on
the map below:
Floor Area Ratios (FAR's)
Up to .32 FAR
� I Up to .40 FAR
® Up to .70 FAR
6. For nonresidential lots on Lincoln Avenue north of Mission Avenue, the floor area ratio is 0.4.
Revise the "Specific Areas" map to make the boundaries for Downtown consistent with the new Downtown
zoning district boundaries, and to change the name to "Downtown" (from "Downtown Area").
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14.16.190 Height Bonus
A. Downtown Bonuses. A height bonus may be granted by a Use Permit approved by the Planning Commission
in the following Downtown zoning districts:
1. In the Fourth Street Retail Core, a 12 foot height bonus for any of the following:
i. Affordable housing, consistent with General Plan policy H-8.
ii. Public courtyards, plazas and/or passageways, with the recommendation of the Design Review
Board that the public improvements are consistent with Downtown Design Guidelines.
iii. Public parking, providing it is not facing Fourth Street and it is consistent with the Downtown
Design Guidelines.
2. In the Lindaro District, on lots south of Second Street and fronting Lindaro Street, a 24 foot height
bonus for any of the following:
i. Park area adjacent to Mahon Creek, accessible to the public and maintained by the property
owner.
ii. Community facility, 10,000 square feet or more in size. The facility must be available to the
public for cultural and community events, and maintained and operated by the property
owner.
3. In the Second/Third Mixed Use East District, a 12 foot height bonus for any of the following:
i. Affordable housing, consistent with General Plan policy H-8.
ii. Public parking, providing it is consistent with the Downtown Design Guidelines.
iii. Skywalks over Second or Third Streets, with the approval of the Traffic Engineer, and the
recommendation of the Design Review Board.
iv. Mid -block passageways between Fourth Street and parking lots on Third Street, with the
recommendation of the Design Review Board that the design is attractive and safe.
4. In the West End Village, a six foot height bonus for any of the following:
i. Affordable housing, consistent with General Plan policy H-8.
ii. Public parking, providing it is consistent with the Downtown Design Guidelines.
iii. Public passageways, with the recommendation of the Design Review Board that the public
passageway serves an important public purpose and is attractive and safe.
14.16.270 Nonconforming Structures and Uses
D. Regulations Pertaining to a Nonconforming Use
3. The nonconforming use of a structure or portion of a structure shall not be expanded into any other
portion of the structure. The nonconforming use of land shall not be expanded or extended in area
nor changed except to a conforming use.
4. The nonconforming use of a structure may be changed to a use of the same or more restricted nature
provided that a Use Permit shall first be obtained.
5. If the nonconforming use of a structure ceases for a continuous period of twelve months, it shall be
considered abandoned and shall thereafter be used only in accordance with the regulations for the
district in which it is located. Abandonment or discontinuance shall include cessation of a use for
any reason, regardless of intent to resume the use.
8. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of less
than 50 percent of the current market value may be restored and the nonconforming use may be
resumed, provided that a diligent effort to rebuild has been demonstrated within six months and
restoration is diligently pursued to completion.
14.16.300 Small Lots
Development of small lots shall be permitted in accordance with all the requirements of the district. Such
development shall be considered conforming with the following additional limits in Residential Districts.
A. Vacant small lots less than 5,000 square feet in size shall be developed with only one unit in accordance
with all the requirements of the district, and no additional units shall be added to developed small lots less
than 5,000 square feet in size. Small Downtown lots are exempt from this section; they shall be
developed in accordance with all the requirements of the District.
B. No small lot shall be further reduced in area or width, except as required for public improvements.
C. Small lots which are contiguously owned are subject to the merger provisions of the State Subdivision
Map Act.
D. This section does not apply to the PD district.
23
Chanter 17 Performance Standards
14.17.050 Offices and Financial Institutions in the Fourth Street Retail Core and the West End Village
A. Purooses. The purpose of these standards is to promote an active retail environment on the ground floor
in Downtown's retail center. In the Fourth Street Retail Core (4SRC) and the West End Village (WEV),
office and banking uses are allowed on the rear ground floor, second floor and above, and the street
level uses are intended to provide a continuous interesting pedestrian environment supportive of retail
uses. The following standards allow office and banking uses to have a presence on Downtown's retail
streets provided that any street frontage use is customer -service related and open to the public.
In addition, to foster a pedestrian -oriented streetscape, offices and financial institutions in the 4SRC and
WEV Districts should be designed consistent with the Downtown Design Guidelines.
B. Applicability. Performance standards for offices and financial institutions at ground level, street
frontage locations shall apply in the 4SRC and the WEV.
Performance standards for offices and financial institutions shall be administered through the
administrative use permit process.
Existing street -level offices and financial institutions in the 4SRC and WEV Districts as of January 1,
1991 shall be grandfathered -in at their existing locations for the purposes of these performance
standards. All new offices and financial institutions at street level street frontage in the 4SRC and WEV
Districts shall comply with the following standards.
C. Standards.
New office and financial institutions at street level, street frontage locations shall comply with the
following:
1. The customer service square footage of a general office use and/or the square footage of the
customer -oriented retail banking operations of a financial institution is permitted on the street
frontage in the 4SRC and WEV Districts if it meets the following criteria:
a. There is significant customer turnover,
b. There is a substantial volume of pedestrian traffic,
c. Windows and signs are oriented toward pedestrians,
d. Activities are provided which can be considered part of a multi -stop trip, and
e. Non -customer -oriented square footage for the use is located on the rear ground level or second
floor or above.
2. Exterior design of new or remodeled offices and financial institutions should maintain a pedestrian -
oriented streetscape as specified in the Downtown Design Guidelines.
14.17.075 Gun Shops
A. Purooses. Performance standards related to gun shops are intended to ensure the public safety by
requiring such shops to provide adequate security as well as appropriate hazardous materials storage.
B. Annlicability. Performance standards for gun shops apply in all districts where gun shops are allowed.
Compliance with performance standards shall be reviewed through the administrative use permit process.
C. Standards.
1. Police Department Review. Security and public safety measures shall be provided to the satisfaction
of the Police Department.
2. Fire Department Review. Appropriate hazardous materials storage measures shall be provided to the
satisfaction of the Fire Department.
3. Compliance with Other Laws. Approval of the requested permit is contingent upon demonstration of
compliance with applicable provisions of State and Federal laws. All gun shops shall be operated
according to State and Federal regulations.
24
14.17.100 Residential Uses in Commercial Districts
B. AnDlicability. Performance standards for residential uses in commercial districts shall apply in the 4SRC,
HO, 2/3 MUE and MUW, CSMU, WEV, 5/M R/O, NC, C/O, and R/O Districts. Performance standards
shall be applied through an administrative use permit in the 4SRC, HO, 2/3 MUE and MUW, CSMU,
WEV, 5/M R/O, C/O and R/O districts, or a use permit in the NC district.
C. Standards
1. Location. In the 4SRC, HO, WEV and C/O districts, residential units may be located above the
ground floor, and on rear portions of the ground. Location of residential units in the 2/3 MUE and
MUW, 5/M R/O, CSMU and NC districts shall be determined through project review.
9. Live/Work Ouarters. The purpose of live/work quarters is to allow residential use in a commercial
district with the intent of permitting people to live in a work environment. Live/work quarters are
subject to the following requirements:
replace (a) with:
a. Residents of live/work quarters are required to acknowledge, as part of their lease agreement, the
commercial nature of the surrounding area.
Replace (d) with:
d. All living areas must be suitable for residential purposes, as determined by the Building
Inspector.
Replace (g) with:
g. In the Downtown mixed-use Zoning Districts, living space shall be located in the rear ground
level or second floor and above so that it does not interrupt the appearance of the commercial
frontage.
14.17.130 Temporary Uses
B. ADDlicability. . . . 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 in the
R/O and 5/M R/O district. The following temporary uses are subject to performance standards:.. .
C. Exemotions
3. Special events less than 72 hours and sponsored by the San Rafael Business Improvement District.
Chanter 18 Parkins Standards
14.18.010 Specific Purposes
H. Establish parking standards which recognize the more urban character of parking Downtown.
14.18.040 Parking Requirements
add the following:
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 10 percent of the building or 750 square feet,
whichever is larger, as granted under Section 14.16.150(G)2(b).
25
Residential
Studio (duplex unit), more than 500 sq. ft. in size
One -bedroom units
Two bedroom units
Three or more -bedroom units
Guest parking, multifamily
Offices and related uses
Financial services and institutions
NOTE: No parking is required for up to three units in the
Parking Assessment District, provided the units are an infill
addition to an existing nonresidential structure, and that the
units are two-bedroom or less and no larger than 900 square
feet in size.
1.5 spaces per unit (including 1 covered space)
Downtown: 1 space per unit
1.5 spaces per unit (including 1 covered space)
Downtown: 1 space per unit
The following are new for Downtown.
2 spaces per unit (including 1 covered space)
1 space per 5 units
NOTE: guest parking not required Downtown, unless
within 200 feet of a residential District.
1 space for each 200 sq. ft. gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building sq. ft.
Administrative, business and professional offices 1 space per 250 gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building sq. ft.
14.18.050 Off -Street Loading and Unloading
add new:
F. In the Downtown Parking Assessment District, on lots less than 10,000 square feet, and where a parking
lot is provided, the loading area may be incorporated into an aisle or backup area, provided that there is
adequate backup space for required parking spaces as determined by the Traffic Engineer.
14.18.060 Downtown Parking Assessment District
replace section with following:
Parking for nonresidential uses in the Parking Assessment District shall be provided consistent with the following:
1. Parking for up to 1.0 FAR of the total square footage of the building is provided by the Parking
Assessment District.
2. Parking for building square footage above 1.0 FAR and for all residential uses shall be provided
consistent with the parking requirements in 14.18.040.
3. A Parking Study is required for a development subject to a Design Review Permit pursuant to CEQA
requirements, or to a Use Permit for a change in use, to assist in monitoring parking conditions
Downtown.
4. For projects subject to parking studies, mitigation may be required including provision of on-site
parking if it is determined the District has inadequate available parking.
26
Parking
Downtown,
San Rafael
Assessment
(Outside
(outside
District
District)
Downtown)
2 bdrm,
1 space
1.5 spaces
2 spaces
<900 sf
(1 covered)
2 bdrm,
1.5 spaces
1.5 spaces
2 spaces
900+st
(1 covered)
2 spaces per unit (including 1 covered space)
1 space per 5 units
NOTE: guest parking not required Downtown, unless
within 200 feet of a residential District.
1 space for each 200 sq. ft. gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building sq. ft.
Administrative, business and professional offices 1 space per 250 gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building sq. ft.
14.18.050 Off -Street Loading and Unloading
add new:
F. In the Downtown Parking Assessment District, on lots less than 10,000 square feet, and where a parking
lot is provided, the loading area may be incorporated into an aisle or backup area, provided that there is
adequate backup space for required parking spaces as determined by the Traffic Engineer.
14.18.060 Downtown Parking Assessment District
replace section with following:
Parking for nonresidential uses in the Parking Assessment District shall be provided consistent with the following:
1. Parking for up to 1.0 FAR of the total square footage of the building is provided by the Parking
Assessment District.
2. Parking for building square footage above 1.0 FAR and for all residential uses shall be provided
consistent with the parking requirements in 14.18.040.
3. A Parking Study is required for a development subject to a Design Review Permit pursuant to CEQA
requirements, or to a Use Permit for a change in use, to assist in monitoring parking conditions
Downtown.
4. For projects subject to parking studies, mitigation may be required including provision of on-site
parking if it is determined the District has inadequate available parking.
26
W
14.18.080 Parking Requirements for Reciprocal Uses With Shared Parking Facilities
When two or more uses share a common parking area and when a significant and complementing variation in
period of daily demands occurs (i.e., exclusive day and night uses), the Planning Director may grant reductions in
the total parking required through a use permit provided that in no instance shall the total parking required be less
than would be required for any one of the independent uses.
14.18.100 Parking Space Dimensions
A. Standard size parking spaces shall be 9 feet by 19 feet in dimension, except that in Downtown the
standard size parking space shall be 8.5 feet by 18 feet in dimension.
14.18.120 Tandem Parking
Tandem parking is prohibited, unless approved under Section 14.18.150 (Alternate Parking Locations for Uses
With Insufficient Parking), Section 14.24.020 (Authority) or with a Design Review Permit under the Hillside
Residential Design Guidelines Manual.
14.18.130 Parking Facility Dimensions and Design
A. Minimum standards. The following shows the minimum dimensions for aisle widths and parking spaces
for parking facilities. Where the configuration and/or layout angle for proposed parking differs from
those shown, the dimensions shall be prorated and adjusted accordingly, as approved by the City Traffic
Engineer.
Aisle widths and parking space dimensions in excess of the minimum standards may be required on the
recommendation from the City Traffic Engineer, City Engineer or Fire Department where indicated by
traffic, grade or site conditions. An exception to the minimum aisle widths may be granted, subject to
section 14.24.020(F) (Parking).
>000000
000�-
\ JA
JA
>*�
>0000\
B D B B U B
600 ONE WAY 600 TWO WAY
A B C D DIMENSION A B C D
STANDARD
10'-6" 18'-0" 20'-0" 56-0" City-wide 10'-6" 18'-0" 24'-0" 60'-0"
* * * * Downtown
9'-3" 15'-0" 20'-0" NA COMPACT 9'-3" 15'-0" 24'-0" NA
27
* As approved by the Traffic Engineer.
14.18.160 Parking Lot Screening and Landscaping
A
J L
B C B
D
ONE WAY PARALLEL
90° TWO WAY
A B
C
A
B
C
D
DIMENSION
20'-0" 8'-0"
12'-6"
STANDARD
9'-0"
19'-0"
26-0"
64'-0"
City-wide
8'-6"
18'-0"
26'-0"
62'
Downtown
8'-0"
16-0"
26-0"
NA
COMPACT
* As approved by the Traffic Engineer.
14.18.160 Parking Lot Screening and Landscaping
A
J L
B C B
D
ONE WAY PARALLEL
A B
C
D
22'-0" 9'-0"
12'-6"
30'-6"
* 8'-6'>
20'-0" 8'-0"
12'-6"
NA
B. A minimum of one canopy tree for every four parking spaces shall be provided, and distributed
throughout the parking area to provide shade for cars, enhance the visual appearance of parking lots, and
screen views of cars from buildings which overlook parking areas. Clustering of trees within parking lots
may be considered, subject to the approval of the Planning Director (or the Planning Director's
designated appointee) or the appropriate hearing review body. The requirement for canopy trees in
parking lots shall also apply to the top level of parking structures. In Downtown, this section does not
apply to parking lots for 20 or fewer cars, and the standards in this section may be reduced for parking
lots for 21 to 40 cars, subject to recommendation by the Design Review Board and approval of a Minor
Design Review Permit.
Chanter 19 Siens
14.19.020 What is Permitted
5. Proiectine Siens.
b. Standards:
i. Frontage requirement: Minimum of 30 feet, except that there is no minimum frontage for
projecting signs on active pedestrian commercial streets as identified in the Downtown
Design Guidelines.
iv. Projection: Maximum 6 feet, including any structural members. The maximum projecting
for signs on active pedestrian commercial streets as identified in the Downtown Design
Guidelines is four feet, including any structural members. No sign shall project within 2
feet of curbline of street or vehicular roadway.
V. Side set in: A projecting sign must be at least 15 feet from each side property line or the
side wall line of each tenant when more than one tenant. Projecting signs on active
pedestrian commercial streets as identified in the Downtown Design Guidelines are exempt
from this section, except that such signs should be at least fifteen feet from each other.
E. Additional Requirements and Limitations
1. Sien location: Each sign shall be located on the front of the building or lot and facing the street
unless located on an awning, or otherwise provided for in this section (see 14.19.0201)(1)(b),
14.19.0201)(5) (Projecting Signs), and 14.19.020E(3) (Lots Not Fronting On Any Street), or
permitted by adjustment under Section 14.19.060 (Adjustments). On corner lots signs may be placed
on both street frontages, but the permitted square footage may not be transferred from one street
frontage to another.
28
F. Miscellaneous Standards
2. Address, street number and/or name shall not exceed one square foot in area per sign for single-
family or duplex structures, two square feet per sign in the Downtown Area and four square feet per
sign for all other uses. One sign per frontage is allowed. Address signs are exempt from the
allowable square footage and do not require a Sign Permit.
Chanter 21 Administrative Use Permits
14.21.020 Applicability
The following types of uses are subject to administrative use permit review:
A. Offices and Financial Institutions on Downtown Street Frontage
B. Family Day Care Homes (Large)
C. Fortunetelling
D. Gun Shops
E. Motor Vehicle Repair (Major or Minor)
F. Residential Uses in Commercial Districts
G. Seasonal Outdoor Eating Areas
H. Temporary Uses
Chanter 22 Use Permit
14.22.020 Authority
B. The Zoning Administrator may hear and decide the following types of Use Permit applications:
1. Amendments that do not alter the basic functions of the approved use.
2. Animal care facilities.
3. Animal keeping.
4. Auto detailing
5. Business, trade, performing arts, and vocational schools.
6. Cabinet shop.
7. Candle making shop.
8. Caretaker's residence.
9. Ceramic shop.
10. Check cashing offices.
11. Coffee roasters.
12. Contractor's shops related to marine activities, including welding, small machinery repair, and marine
engine repair.
13. Contractor's yards (screened).
14. Convenience markets.
15. Cut (50 to 1,000 cubic yards per site per year). (Exemptions: Where such removal is being done in
accordance with an approved and legally effective tentative and/or final subdivision map, and a legally
effective building permit.)
16. Day care center.
17. Dry cleaning establishments with on-site processing.
nen
18. Fill (50 to 2,000 cubic yards per site per year). (Exemptions: Where such fill is being done in
accordance with an approved and legally effective tentative and/or final subdivision map, and a legally
effective building permit.)
19. Food service establishments 1,000 square feet or less in size in Industrial Districts.
20. Funeral and internment services
21. Furniture refinishing or repair.
22. Hardware stores.
23. Hardware stores in the I, CCl/O, and 1/0 Districts.
24. Individual uses, not a part of a multi -lot or multi -tenant development, in the Francisco Boulevard West
Commercial (FBWC) District.
25. Kiosks.
26. Laboratories.
27. Liquor stores less than 200 feet from a residential district or from a school.
28. Machine shops.
29. Major repairs, motor vehicle.
30. Minor repairs, motor vehicle.
31. Motor vehicle sales, with 5 or fewer new or used automobiles on-site.
32. Music rehearsal/recording studios.
33. Nonconforming use change(s), under section 14.16.270(D)4.
34. Outdoor storage.
35. "Park and ride" facilities.
36. Parking facilities, commercial or municipal.
37. Printing shops.
38. Second hand stores and pawn shops.
39. Temporary uses in the R/O District.
40. Time extensions (unless specifically exempted by the Planning Commission at the time of original
approval, or for administrative Use Permits).
41. Transportation System Management (TSM) programs.
42. Video sales/rentals, 2,000 sq. ft. or more in size, in the Hetherton Office District.
43. Warehouses strictly for storage of boats, trailers and fishing gear.
Chapter 24 Exceptions
14.24.020 Authority
3. In Downtown residential projects, tandem parking may be allowed, subject to review by the Traffic
Engineer and the Fire Department, where necessary to accommodate the required parking spaces,
provided that the tandem spaces are assigned to the same unit and that the spaces are located convenient
to the unit.
Chanter 25 Desian Review Permits
14.25.050 Review Criteria
B. Consistencv with Snecific Plans. In addition to the criteria listed below, development will also be
evaluated for consistency with applicable neighborhood and area design plans. Adopted plans which
include design guidelines include: Hillside Residential Design Guidelines Manual, Shoreline Park Master
Plan, East San Rafael Neighborhood Plan, Peacock Gap Neighborhood Plan, and Sun Valley/Fairhills
30
Neighborhood Plan. In addition, the following design guidelines have been adopted by resolution and
apply to specific areas in San Rafael: the Downtown Design Guidelines.
E. Site Design.
1. Views. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the
hills should be preserved and enhanced from public streets and public vantage points. In addition,
respect views of St. Raphael's Church up "A" Street.
CONDOMINIUM ORDINANCE AMENDMENTS
15.50.130 Site coverage, residential condominiums. The maximum allowable site coverage for
residential condominiums shall be thirty-five percent of the net site acreage, except in Downtown where
the maximum allowable site coverage shall be 60 percent.
15.50.150 Parking, residential condominiums. The minimum parking requirements for
residential condominiums shall be as follows:
(a) In the Downtown, parking shall be provided consistent with the requirements in Section
14.18.040 (Parking Requirements). Each space shall be provided an enclosed storage area
of a minimum size of two hundred cubic feet.
(b) Outside of the Downtown Area, a minimum of two covered parking spaces, one of
which shall be in a garage, shall be provided for each dwelling unit and shall be located
within close proximity of the unit they serve. Each covered space shall be provided an
enclosed storage area of a minimum size of two hundred cubic feet.
(c) In Downtown, visitor parking spaces are not required. Outside of Downtown, visitor
parking spaces shall be provided at one-half space per dwelling unit and shall be
uniformly distributed throughout the development. All visitor spaces shall be
permanently marked as visitor spaces.
(d) Screened parking areas for recreational vehicles such as boats and trailers shall be
provided and shall have a total size equal to one hundred square feet per dwelling unit.
Condominium development in Downtown is exempt from this requirement.
31