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HomeMy WebLinkAboutOrdinance 1663 (Our Vision of Downtown SR Zoning)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. 1663 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS 14.02, 14.03, 14.04, 14.05, 14.06, 14.08, 14.09, 14.10, 14.11, 14.12, 14.14, 14.16, 14.17, 14.18, 14.19, 14.22, 14.23, 14.24, AND 14.25, OF TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO IMPLEMENT OUR VISION OF DOWNTOWN SAN RAFAEL AND MISCELLANEOUS CODE CLARIFICATIONS AND MAP CORRECTIONS" 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 16th day of MAY, 1994, a summary, of Ordinance No. 1663 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 6th day of JUNE. 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen WITNESS my hand and the official seal of the City of San Rafael this 9th day of JUNE, 1994. (SEAL) JEANN9/M. LEONCINI,i ty Clerk ORDINANCE NO. 16 6 3 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTERS 14.02,14.03,14.04,14.05,14.06,14.08,14.09,14.10, 14.11,14.12,14.14,14.16,14.17,14.18,14.19,14.22,14.23,14.24, AND 14.25, OF TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO IMPLEMENT OUR VISION OF DOWNTOWN SAN RAFAEL AND MISCELLANEOUS CODE CLARIFICATIONS AND MAP CORRECTIONS THE COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Sections 14.02, 14.03, 14.04, 14.05, 14.06, 14.08, 14.09, 14.10, 14.11, 14.12, 14.14, 14.16, 14.17, 14.18, 14.19, 14.22, 14.23, 14.24, AND 14.25 are amended as provided in the accompanying text and maps. CHAPTER 14.02 ORGANIZATION, APPLICABILITY AND INTERPRETATIONS Section 14.02.040 "Rules for Interpretation and Record-keeping" is amended to include new text as follows: 14.02.040 C. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Planning Director shall determine the intent of the provision. Where General Plan policy indicates a site-specific use not otherwise allowed by the Zoning District, that use may be allowed with a Use Permit, subject to the approval of the Planning Commission. CHAPTER 14.03 DEFINITIONS Section 14.03. "Definitions" is amended to include new and amended definitions, to read as follows: 14.03.030 Definitions Boardin, house: A structure or portion thereof where rooms and/or meals for three or more non -transient guests are provided for compensation. Such rooms do not include complete cooking and sanitary facilities. Includes single room occupancy development. Excludes the bona fide sharing of the rent or ownership costs of housing and/or the sharing of expenses for meals. Dwelling unit. second: An additional dwelling unit meeting defined standards located on the same lot as a single family dwelling within a single family district. Height: Height of a building is the vertical height as determined by the methods in the latest edition of the Uniform Building Code adopted by the City. For residential lots subject to the Hillside Residential Design Guidelines, the height of all structures, fences and walls shall be measured vertically from the existing grade to the uppermost point of the roof edge, wall parapet, mansard or other feature perpendicular to that grade. Laboratories: Establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services. Massage establishments Any establishment having a fixed place of business or vehicle where any person engages in, conducts, carries on or permits to be engaged in, conducted, or carried on as regular functions any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external parts of the human body with the hands -1- or with the aid of any mechanical, electric apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations. Research and development induce;, Establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the hearing body, by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes biotechnology firms, and manufacturing of nontoxic computer components. Research and development services: Establishments primarily engaged in industrial or scientific research, including limited product testing. Includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis. Slove, average: The average slope of a parcel shall be calculated using the following formula: S — .00229 IL A where S is the average percent of slope; .00229 is the conversion factor for square feet; I is the interval in feet; L is the summation of length of the contour lines in scale feet; and, A is the area of the parcel in acres. Structure: Anything constructed or erected that requires a location on the ground, including a building or public utility,. but not including a fence or wall used as a fence if the height does not exceed 6 feet, retaining walls under three feet, in -ground swimming pools, parking lots and access drives or walks. CHAPTER 4 RESIDENTIAL DISTRICTS (R, DR, MR, HR) Section 14.04 "Residential Districts (R, DR, MR, HR)" is amended to include the new and amended text, to read as follows: 14.04.020 Land Use Regulations (R, DR, MR, HR, PD) P: Permitted by right: C: Conditional Use Permit: A: Administrative Use Permit; Blank: Not Allowed Type of Land Use R DR MR HR PD Additional Use Regulations Residential Uses Animal Keeping C C C C C See standards - Chapter 17; See Municipal Code 6.04 14.04.03 Property Development Standards (R) Note: See Chapter 16 (Site and Use Reeulations) for additional regulations pertaining to trip allocations and other site development standards. See Chapter 23, (Variances) and Chapter (24) (Exceptions) for allowable adjustments to these standards. See Chapter 25 (Environmental and Desien Review Permits) for listings of improvements subject to review (including upper story additions). neighborhood and design plans, and design criteria for development. 14.04.040 Property Development Standards (DR, MR, HR) (B) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all required rear and side yards, per section 14.18.200. !WR Note: See Chapter 16 (Site and Use Regulations) for additional regulations pertaining to trip allocations and other site development standards,Chapter 23 (Variances), Chapter (24) (Exceptions) for allowable adjustments to these standards and Chapter 25 (Environmental and Design Review Permits) for listings of improvements subject to review (including upper story additions), neighborhood and design plans, and design criteria for development. CHAPTER 5 COMMERCIAL AND OFFICE DISTRICTS (GC, NC, O, DCC, C/O, R/O, FBWC) Section 14.05 "Commercial and Office Districts (GC, NC, O, DCC, C/O, R/O, FBWC)" is amended to include new and amended text, to read as follows: 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, R/O, FBWC) P: Permitted by rieht: C: Conditional Use Permit: A: Administrative Use Permit: Blank: Not Allowed Type of Land Use Commercial USPS Animal Sales and Services, excluding exterior kennels, pens or runs Animal Care Facilities Animal Retail Sales Coffee Roasters Food and Beverage Service Establishments Food Service Establishment (with or without incidental serving of beer or wine), without a cocktail lounge, live entertainment, and/or dancing: (1) 1,000 sf or less in size (2) More than 1,000 sf in size Food and Beverage Stores Bakeries, retail (and ancillary food services) Personal Service Establishments Barber shops/beauty salon Massage Establishments GC NC O DCC C/O R/O FBWC C C C C P P P P C C C P P P P P P C P C C P P C C P P P P P P C P P P* P P P C P P P Recreation Facilities (indoors) Bowling Alleys C C C Retail Additional Use Regulations See Municipal Code 10.24 See Municipal Code 8.34 See Municipal Code 10.32 Auctions P P P See Municipal Code 10.16 Second Hand Stores and Pawn C C C See Municipal Code Shops 10.20 Transportation Facilities Taxi Stations C C C See Municipal Code 10.60 14.05.030 Property Development Standards (GC, NC, O, DCC, C/O, R/O, FBWC) (B) Where the frontage of a block is partially in an R District, the front yard shall be the same as required for the R District, and when the side and/or rear of the lot(s) abuts an R District, the respective side and or rear yard shall be 10 feet. Parking or maneuvering shall be permitted within the required side and rear yards provided that a minimum 6 ft. wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. Note: See Chapter 16 (Site and Use Regulations) for additional regulations pertaining to floor area ratio. trip allocations, and site development standards. See Chapter 23 (Variances) and Chapter 24 (Exceptions) for allowable adjustments to these standards, and Chapter 25 (Environmental and Design Review Permits) for -3- listings of improvements subject to review, neighborhood and design plans, and design criteria for development. CHAPTER 6 INDUSTRIAL DISTRICTS (I, LI/O, CCI/O) Section 14.06 "Industrial Districts (I, LI/O, CCI/O)" is amended to include new and amended text, to read as follows: 14.06.020 Land Use Regulations (I, LI/O, CCl/O) P: Permitted by right: C: Conditional Use Permit: A: Administrative Use Permit: Blank: Not Allowed Type of Land Use I LI/O CCl/O Additional Use Regulations Industrial Uses Research and development industry C C Research and development services P P Solid Waste Management (collection, C See Municipal Code 10.72 disposal) Office and Related Uses Offices, general C* C** C *5,000 sq. ft. or less ** See Section 14.16.150 (B)-2 Commercial Uses_ Coffee Roasters P P P Motor vehicle sales and service (including automobiles, motorcycles, trailers, trucks, and recreational vehicles) Towing businesses C C See Municipal Code 10.84 Wrecking Yards C See Municipal Code 10.52 Personal Service Establishments Barber shops/beauty salon P P Transportation Facilities Taxi Stations C C C See Municipal Code 10.60 14.06.030 Property Development Standards (I, LI/O, CCI/O) (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum 6 ft. wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. CHAPTER 8 MARINE -RELATED DISTRICTS (M. MC) Section 14.08 "Marine -Related Districts (M, MC)" is amended to include new text, to read as follows: 14.08.030 Property Development Standards (M, MC) Note: See Chapter 16 (Site and Use Regulations) for additional regulations pertaining_ to floor area Iratior, trip allocations, and site development standards. See Chapters 23 (Variances) and 24 (Exceptions) for allowable adjustments to these standards. See Chapter 25 (Environmental and Design Review Permits) for listing of improvements subiect to review, neig_ hborhood and desig_ n plans, and desig_ n criteria for development. CHAPTER 9 PUBLIC / OUASI-PUBLIC (P / OP) Section 14.09 "Public/Quasi-Public (PQ/P)" is amended to include new text, to read as follows: -4- 14.09.030 Property Development Standards (P/QP) Note: See Chapter 16 (Site and Use Regulations) for additional regulations pertaining_ to floor area ratio, trip allocations, and site development standards. See Chapters 23 (Variances) and 24 (Exceptions) for allowable adjustments to these standards. See Chanter 25 (Environmental and Design Review Permits) for listing of improvements subject to review, neighborhood and design plans, and design criteria for develovment. CHAPTER 10 PARKS/OPEN SPACE DISTRICT (P/OS) Section 14.10 "Parks/Open Space District (P/OS)" is amended to include new text, to read as follows: 14.10.030 Property Development Standards (P/OS) Note: See Chapter 16 (Site and Use Regulations) for additional regulations vertainine to floor area ratio, trio allocations, and site development standards. See Chanters 23 (Variances) and 24 (Excevtions) for allowable adjustments to these standards. See Chanter 25 (Environmental and Design Review Permits) for listing of improvements subject to review, neighborhood and design plans, and design criteria for develovment. CHAPTER 11 WATER DISTRICT (W) Section 14.11 "Water District (W)" is amended to include new text, to read as follows: 14.11.030 Property Development Standards (W) Note: See Chanter 16 (Site and Use Regulations) for additional regulations vertainine to floor area ratio, trio allocations, and site develovment standards. See Chapters 23 (Variances) and 24 (Exceptions) for allowable adjustments to these, standards. See Chanter 25 (Environmental and Design Review Permits) for listing of improvements subject to review, neighborhood and design plans, and design criteria for development. v CHAPTER 12 HILLSIDE DEVELOPMENT OVERLAY DISTRICT (-H) Section 14.12 "Hillside Development Overlay District (-H)" is amended to include new text, to read as follows: 14.12.040 Exceptions to Property Development Standards Exceptions to the property development standards may be approved by the City Council, upon the recommendation of the Design Review Board and the Planning Commission, when the applicant has demonstrated that alternative design concepts carry out the objectives of this Chapter and are consistent with the General Plan based on the following criteria: A. The project design alternative meets the stated objectives of the Hillside Design Guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and B. Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or -5- protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures. CHAPTER 14 DOWNTOWN REVIEW OVERLAY DISTRICT (-D) Section 14.14 "Downtown Review Overlay District (-D)" is amended to include new text, to read as follows: 14.14.050 Downtown Design Criteria C. Project design elements and approaches are encouraged to include: 1. Site design which minimizes conflict between automobile and pedestrian circulation; minimizes parking lots and driveways on streets in the DCC District; and, utilizes alleys and short streets as opportunities for service vehicle access, for open areas such as pocket parks, and for off-street circulation. 2. Pedestrian -oriented design incorporating such improvements as special pavement treatment; awnings, benches, plazas, fountains, public art, frequent entrances, and/or offsets; balconies, interior passageways and courtyards, covered walkways, and outdoor dining or seating. 3. Building elevations which provide a minimum of 75 percent clear glass facade on the ground level on pedestrian -oriented streets as identified on Community Design Map B of the General Plan, and a minimum of 50 percent clear glass facade on the ground level on other streets; landscaping for unadorned or blank walls; design treatment of visible building elevations; a cornice line compatible with adjacent structures; and glazing and fenestration to create interest. 4. On Fourth Street, landscape improvements which provide seasonal color, such as plants and flowering trees. 5. New parking structures should have retail uses where feasible on a portion of the ground floor, and/or are encouraged to have direct linkages to adjacent buildings, streets and alleys where appropriate. CHAPTER 16 SITE AND USE REGULATIONS Section 14.16 "Site and Use Regulations" is amended to include new and amended text, to read as follows: 14.16.090 Density Bonus A. A density bonus may be granted for residential and mixed-use developments only in the Medium Density Residential (MR) and High Density Residential (HR) Districts in the following limited instances: 1. Affordable Housing: A density bonus may be granted for development in the Medium and High Density Residential Districts and in the Commercial and Office Districts which allow residential uses, consistent with State law and with the General Plan. 2. Lincoln Avenue Housing: For residential development on Lincoln Avenue on lots greater than 150 feet in width and 20,000 square feet in size, the Planning Commission may grant a 25 percent density bonus and a 48 foot MZ height limit for development with an exceptional design providing for a varied front elevation and underground parking. B. Density Bonuses may be granted in Low Density Residential Districts for senior housing projects which are: 1. Exclusively affordable for 40 or more years to very low, low or low and moderate income households, with at least 40 percent for very low or low income households; and 2. On flat sites (less than 10% slope), more than one acre in area, within 1,500 feet of transit stops and services such as grocery and pharmacies., and 3. Designed in consideration of neighborhood scale including, but not limited to, limiting building height to 30 feet, and applying design techniques to make any apparent massing of the proposed project compatible with the surrounding neighborhood; and 4. The project shall provide adequate parking (Chapter 18); and 5. Affordable senior housing projects receiving density bonuses in low density residential districts shall be approved only if adequate trip allocations, including bonus trips, are available and are assigned to the project site consistent with the circulation policies of the General Plan. 14.16.130 Exclusions to the Required Minimum Yards Architectural features such as fireplaces, cornices, eaves and canopies may extend no more than two feet into any required yard. Open uncovered porches, landing places or outside stairways may project no more than three feet into any required side and/or rear yard, and no more than six feet into any required front yard. Fountains, statues and other decorative yard improvements, under four feet in height, may be allowed within the required front yard. 14.16.140 Fences A. The following height limitations shall apply to height of fences and walls: 1. Residential Districts. Fences not exceeding four feet in height may be located within the front or street side yard, provided that at least 80 percent of any portion of the fence above three feet in height is open and non -view obscuring. Fences not exceeding eight feet in height may be located in a side or rear yard. Minor decorative entryway treatments, such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that there is no vehicular view obstruction. 14.16.220 Home Occupations C. Standards. Home occupations are permitted residential accessory uses in any zoning district which allows single-family, duplex or multiple -family residential uses provided that all of the following standards are met: 5. The home occupation(s) shall be operated to allow no more than one client at a time on-site. Appointments shall be scheduled at reasonable intervals to maintain a low intensity use and avoid client waits. The home occupation(s) may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. One vehicle, associated with the home occupation(s), may be kept on-site, within a designated parking area, and shall not exceed 2.5 gross tons in unladen vehicle weight provided that the business vehicle license number shall be indicated on the Certificate of Use and Occupancy Permit - Home Occupation or similar. 7- 14.16.230 Lot Consolidation When Development Occurs Where a development project is constructed on more than one adjoining lot, the owner or owners of such lots must merge such lots into a single lot when the building is proposed to cross the property line of the adjoining lots. The lots shall be merged prior to issuance of a building permit. 14.16.250 Motor Vehicle Maintenance and Storage in Residential Districts H. A person may store a vehicle(s) which cannot be legally, safely, and mechanically operated upon a public highway provided that: 3. On a multifamily lot, the vehicle is located on a paved designated parking space(s). 14.16.350 Trip Allocations A. Purpose. Trip allocations maintain Level of Service traffic standards adopted by the City. Undeveloped and underdeveloped lots of land in the most traffic sensitive areas of the City (North San Rafael, Northgate and East San Rafael/Francisco Boulevard West as shown in Section 14.16.150) are provided "trip allocations" in the General Plan Appendices. These trip allocations represent an equitable proportion of P. M. peak hour area trips which would achieve traffic Level of Service standards. Properties in traffic -sensitive areas are considered fully developed unless provided trip allocations in the General Plan Appendices. New development is limited by trip allocations in addition to property development standards. Trip allocations may limit the development potential of a lot, even in cases where it appears that additional residential units or nonresidential floor area is allowed based on property development standards alone. In the Industrial Districts in the Northgate, East San Rafael, and Francisco Boulevard West areas, office and light industrial /office buildings may contain up to 15 percent incidental employee -serving retail and services uses without modification of trip allocations. In the Light Industrial/ Office Districts, where no additional trips have been allocated in the General Plan Appendices, existing uses may change provided that there is no intensification of traffic generated by the use. CHAPTER 17 PERFORMANCE STANDARDS Section 14.17 "Performance Standards" is amended to include new and amended text, to read as follows: 14.17.050 Offices and Financial Institutions in the Downtown Core Commercial District A. Purposes. The purpose of these standards is to allow in the DCC at street level limited office and financial bank services which support an active retail environment. First floor offices and financial institutions in the Downtown Core Commercial District (DCC) are intended to promote an active environment supportive of retail uses. In addition, to foster a pedestrian -oriented streetscape, exterior design of new or remodeled offices and financial institutions shall comply with the design requirements of the Downtown Review Overlay District. B. Applicability. Performance standards for new offices, banks and financial institutions at ground level, street frontage locations shall apply in the Downtown Core Commercial District (DCC District). The Court House Square WE office building located on the block bounded by Fourth Street, "A" Street, Fifth Avenue, and Court Street is exempt from this Section. 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 DCC District 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 DCC District 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 DCC District if it meets the following criteria: a. There is high customer turnover, b. There is a large 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 office square footage for the use is located on the rear ground level or second floor or above. 2. Exterior design of new or remodeled food service establishments, offices, or financial institutions shall maintain a pedestrian -oriented streetscape as specified in Chapter 14 (Downtown Review Overlay District). 14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction With Food Service Establishments C.4. Parking. Parking shall be provided for all permanent seating. Seasonal outdoor seating requires no additional parking. Seasonal outdoor seating may be utilized from March through November. Other outdoor seating shall be considered permanent and shall require additional parking. 14.17.130 Temporary Uses B. Applicability. Temporary uses may be subject to additional permits, other City Department approvals, licenses, and inspections as required by applicable laws or regulations. Temporary uses which may have specific regulations specified in the Municipal Code include such uses as: Meetings, Assemblies and Parades in Public Places (Section 5.70) and Carnivals, Circuses (Section 10.44). CHAPTER 18 PARKING STANDARDS Section 14.18 "Parking Standards" is amended to include new and amended text, to read as follows: WE 14.18.140 Access to Public Right -of -Way D. Encroachment Permit Reauired. An Encroachment Permit is required from the Public Works Department for work done in the public right-of-way. (Note: See Section 11.04 of the Municipal Code). 14.18.190 Recreational Vehicle Parking in Residential Districts In any of the following locations, parking of recreational vehicles, camper shells, trailers, boats and other similar equipment, when parked or stored incidental to the basic residential use of the property is permitted for loading, unloading and storage purposes providing it does not obstruct the view of pedestrians and vehicles on the adjacent sidewalk and/or street and does not otherwise constitute a nuisance. A. For single-family and duplex residential units. Recreational vehicle parking is permitted: 1. Within the garage, carport or parking space required by the zone in which the use is located; or 2. In the front yard setback when on the driveway to the garage, carport or parking spaces required by the zone; or 3. In the front yard setback between the existing driveway and the side property line when the distance between the two is no greater than 12 feet at any point; or 4. In rear yards, interior side yards or other areas not defined as "yards" providing the unit is partially or fully screened as viewed from off-street by a solid fence that conforms to the permitted height limits, vegetation, structures or topography. 5. Recreational vehicles shall be parked in an orderly manner, generally perpendicular to the street. Parking parallel to the front property line is prohibited. 6. No part of the recreational vehicle shall extend over the public sidewalk or right-of-way. 7. The parking space and connecting driveway shall be surfaced with gravel, concrete, asphalt or similar materials. 14.18.200 Location of Parking and Maneuvering Areas Parking or maneuvering areas, excluding access driveways, shall be prohibited in all required yard areas in the Medium and High Density Residential Districts. CHAPTER 19 SIGNS Section 14.19 "Signs" is amended to include the new and amended text, to read as follows: 14.19.020 What is Permitted All commercial signs require a sign permit from the Planning Department or the Planning Commission (see Section 14.19.050) unless specifically exempted. A site specific sign program may be permitted if approved by the Planning Commission (see Section 14.19.050). Noncommercial signs shall conform to these regulations -10- regarding location, number, type, square footage, total signage and all other requirements of this chapter, unless otherwise specified, but shall not require a permit from the City. 14.19.020 A. Sign Standards by Land Use or Purpose - By Specific Use or Purpose SIZE LIMITATIONS AND SPECIAL CONDITIONS Prohibited except as allowed under Section 14.19.030-B.3 C� C.1 Allowance. The maximum number of signs allowable per street frontage is two. These may be in any combination except that a business may not have: 14.19.030 What is Prohibited B. Moving signs having one or more combination of the following characteristics are prohibited: 3. Windblown devices and signs whose movements are designed to attract attention, such as banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, balloons or other inflated objects, or reflective attachments to sign faces with the exception of (1) banners announcing opening of a new business and (2) across -the -street banners advertising events of general interest to the public, which events are conducted by nonprofit organizations and the proceeds, if any, from such events are to be used for charitable or civic purposes, subject to standards and fees as set by Resolution of the City Council and obtaining an Administrative Environmental and Design Review Permit. (NOTE: An Encroachment Permit may be required). 14.19.050 Permit Procedure A. Permit required. Except as otherwise provided in Title 14 of the Code, it shall be unlawful for any person to erect, alter, or relocate a sign within the city without first obtaining a permit or permits from the Planning Department or the Planning Commission as required by this Chapter. This permit procedure shall not apply to noncommercial signs. The establishment of a Sign Program shall be an alternative to the sign standards contained in this Chapter. Signs within such a Sign Program may be permitted although not conforming to all requirements of this Chapter in order to achieve aesthetic compatibility of signs within a project, simple review process for individual signs and to allow design creativity. The use of a Sign Program may allow some flexibility in number and size and in the placement of signs. D. Who approves sign application. The Planning Director shall approve applications which comply with the standards and requirements of this Chapter. The Planning Director may withhold approval on any application which does not comply with the standards, provisions, exceptions, prohibitions, or purposes enunciated in this ordinance. The Planning Commission will review all -11- TYPE ILLUNMATION LOCATION C I H D A M E N U F N G L R T E T R E P N I D A I C E E R A F I B B P O F E I S O M I R L U L M L X N T M J E C E E S E P E T T W A A E P A C I O C E E I N R C L T T C N C S N T R R W N D Q T A I O O E O I O I N N A D I U I T O R P S P T N V A A L O N E N USE OR PURPOSE E N Y Y S Y E E E L L L W G E G Banners SIZE LIMITATIONS AND SPECIAL CONDITIONS Prohibited except as allowed under Section 14.19.030-B.3 C� C.1 Allowance. The maximum number of signs allowable per street frontage is two. These may be in any combination except that a business may not have: 14.19.030 What is Prohibited B. Moving signs having one or more combination of the following characteristics are prohibited: 3. Windblown devices and signs whose movements are designed to attract attention, such as banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, balloons or other inflated objects, or reflective attachments to sign faces with the exception of (1) banners announcing opening of a new business and (2) across -the -street banners advertising events of general interest to the public, which events are conducted by nonprofit organizations and the proceeds, if any, from such events are to be used for charitable or civic purposes, subject to standards and fees as set by Resolution of the City Council and obtaining an Administrative Environmental and Design Review Permit. (NOTE: An Encroachment Permit may be required). 14.19.050 Permit Procedure A. Permit required. Except as otherwise provided in Title 14 of the Code, it shall be unlawful for any person to erect, alter, or relocate a sign within the city without first obtaining a permit or permits from the Planning Department or the Planning Commission as required by this Chapter. This permit procedure shall not apply to noncommercial signs. The establishment of a Sign Program shall be an alternative to the sign standards contained in this Chapter. Signs within such a Sign Program may be permitted although not conforming to all requirements of this Chapter in order to achieve aesthetic compatibility of signs within a project, simple review process for individual signs and to allow design creativity. The use of a Sign Program may allow some flexibility in number and size and in the placement of signs. D. Who approves sign application. The Planning Director shall approve applications which comply with the standards and requirements of this Chapter. The Planning Director may withhold approval on any application which does not comply with the standards, provisions, exceptions, prohibitions, or purposes enunciated in this ordinance. The Planning Commission will review all -11- applications where a sign program or an adjustment is requested. Amendments to an approved sign program or adjustment can be granted by the Planning Director when such an amendment is determined to be minor and would not change the general scope or nature of the program. E. Criteria for avvroval or disapproval. In processing sign applications and sign programs, the following standards shall be used: 1. If the sign is consistent with the purposes and provisions of this chapter and conforms to the standards, exceptions, prohibitions of this chapter, or an approved sign program the sign shall be approved. 2. If the sign is in conflict with the purposes and/or provisions of this chapter, and/or does not conform to the standards, exceptions and/or prohibitions of this chapter, the sign application shall be disapproved. 3. The Planning Commission may approve an application for a sign program if the following findings can be made: a. Signs within the sign program shall have one or more common design elements such as, colors, materials, illumination, sign type, sign shape, letter size and letter type. b. The sign program shall show that the proposed signs are in harmony with the materials, colors, architecture, and other design features of the buildings they identify. c. The sign program has been reviewed and recommended by the Design Review Board. 14.19.100 Definitions Sign Program: A program providing a coordinated signing plan for a business or contiguous group of businesses and utilizing one or more common elements such as colors, materials, lettering, illumination, sign type, and sign shape. CHAPTER 22 USE PERMITS Section 14.22 "Use Permits" is amended to include new and amended text, to read as follows: 14.22.020 Authority B. The Zoning Administrator may hear and decide the following types of Use Permit applications: 28. Business, trade, performing arts, and vocational schools. 29. Coffee roasters. 30. Convenience markets. 31. Individual uses, not a part of a multi -lot or multi -tenant development, in the Francisco Boulevard West Commercial (FBWC) District. 32. Hardware stores in the I, CCI/O, and I/O Districts. 33. Motor vehicle sales, with 5 or fewer new or used automobiles on-site. -12- 14.22.060 Public Notice and Hearing B. Notice shall be given in the following manner: La. Mailed notice to property owners within 300 feet of the subject property. CHAPTER 23 VARIANCES Section 14.23 "Variances" is amended to include new and amended text, to read as follows: 14.23.020 Authority The Zoning Administrator shall hear all variance applications except variances applications that are a part of a project being heard at a higher level; however, when in the opinion of the Planning Director, any matter that is judged not to be a routine matter, shall be heard by the Planning Commission. 14.23.050 Public Notice and Hearing B.1.a. Mailed notice to property owners within 300 feet of the subject property; CHAPTER 24 EXCEPTIONS Section 14.24 "Exceptions" is amended to include new and amended text, to read as follows: 14.24.020 Authority A. Fence Height. 1. In any residential district the maximum height of any side or rear yard fence may be increased by a maximum two feet, where topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy or effectiveness of screening as generally provided by any such fence in similar circumstances. E. Landscaving., 2. In all non-residential districts, the minimum landscaping percentages may be reduced for remodel projects, subject to review by the Design Review Board, where redevelopment or remodeling is proposed and existing conditions are such that complying with the standard make it infeasible to provide adequate parking. F. Parking. 1. Minimum driveway width for a residential use may be reduced, subject to review by the Traffic Engineer and the Fire Department. Driveway exceptions shall only be allowed where such decrease will not unreasonably affect abuting sites or create a hazardous traffic condition, and where there are special circumstances relating to existing site conditions. 2. Minimum aisle width may be reduced, subject to review by the Traffic Engineer. Aisle width exceptions shall only be allowed where such decrease will not create a hazardous traffic condition, and where such reduction is necessary to provide for additional parking where existing parking does not meet current standards. -13- 3. In Downtown residential redevelopment projects, tandem parking may be allowed, subject to review by the Traffic Engineer and the Fire Department, only where necessary to accommodate the required parking spaces and where a parking assignment system is provided. 4. In any single-family residential district, a recreational vehicle may be parked parallel to the residence in the front yard where there is a curved or circular driveway or where there are special and unique circumstances on the site because of topography or lot shape. Recreational vehicle parking exceptions shall only be allowed where such parking is setback 15 feet from the front property line and where it will not have an adverse visual impact on adjoining lots or lots across the street. CHAPTER 25 DESIGN REVIEW Section 14.25 "Design Review" is amended to include new and amended text, to read as follows: 14.25.040 Improvements Subject to Review B. Minor vhvsical improvements. 1. New construction and modifications, including but not limited to: C. Administrative Desien Permits. 1. New single-family residences when located on a flag lot. 2. All new two-story single-family residential structures and upper story additions over 500 square feet in size 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. (See 14.25.050(F)6 for design criteria). NOTE: Such additions or modifications to structures on lots in the Hillside Development Overlay District or on lots with an average slope over 25 percent are subject to Section 14.25.040B(1)a. 14.25.050 Review Criteria E.6. Utilitv service. Utility connections shall be installed underground. Proposed method of sanitary sewage disposal for all buildings shall be indicated. Refuse collection areas shall be screened and located in areas convenient both to users and to persons who make collections. There shall be adequate ingress and egress to all utilities. (NOTE: Recycling facilities must meet standard of Resolution 93-57) F.6.a. Size limits. On a lot less than 5,000 square feet, an upper story addition shall be a maximum of 50 percent of the maximum allowable amount of the floor below. On a lot larger than 5,000 square feet, an upper story addition shall be a maximum 75 percent of the maximum allowable amount of the floor below. The maximum allowable floor area below, on the ground level, is based on the maximum lot coverage for the district. F.6.e. Outside stairways. Outside stairways to upper stories shall be designed as modest structures which do not dominate the facade of the building. Second story additions shall be an extension of the existing residence with internal circulation connecting to the existing structure and shall have no locking doors acting as an entrance for a second unit. The design of the addition must reflect that the addition is an extension of the existing residence (See Section 14.17.120 for Second Unit standards). ace DIVISION 2. 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 section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 3. This ordinance is for the preservation of the public health, safety, and welfare in that the amendments incorporate the ideas and concepts of Our Vision of Downtown; recommendations from a citizens committee regarding RV parking; are consistent with recent General Plan Amendments; and provide clarification and cross-references to other City Ordinances to make the document easier to use. 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 final 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 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. ALBtkTr_4ORO Mayor ATTEST: JE4hU M. LEONCINI City Clerk The foregoing Charter Ordinance No. 1663 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael held on the 16th day of May, 1994, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & 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 the 6th day of Tune. 1994. JEW. LEONCIIVI City Clerk -15- y 0 d I m A 'PON F� N