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HomeMy WebLinkAboutOrdinance 1610 (Hillside Residential Design Guidelines)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. 16.10. entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE PROVISIONS OF THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES" 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 SEVENTH. day of nrTnRFR , 1991, 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 21ST day of OCTOBER , 1991, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Shippey WITNESS my hand and the official seal of the City of San Rafael this 22ND day of OCTOBER , 1991. JEAN kLF11CI I, City Clerk ORDINANCE NO. 1610 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14.08, CHAPTER 14.11 AND CHAPTER 14.75 AND ADDING CHAPTER 14.65 TO TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE TO INCORPORATE PROVISIONS OF THE HILLSIDE RESIDENTIAL DESIGN GUIDELINES THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Sections 14.08, 14.11, 14.75 and Section 14.65 are amended as follows: CHAPTER 14.08 DEFINITIONS Section 14.08 "Definitions" is amended to include new and amended definitions, to read as follows: 14.08.030 B BUILDING STEPBACK: A limitation on the height of structures within the building envelope which is required to avoid excessive building bulk viewed from downhill lots and front and street side elevations. 14.08.080 G GROSS BUILDING SQUARE FOOTAGE, HILLSIDE AREAS: The sum of all enclosed or covered areas of each floor or all structures on the site, measured to the exterior of the enclosing walls, columns or posts including basement areas, unfinished attic or loft spaces and other areas capable of being finished into usable space as determined by the Uniform Building Code; garages and carport areas 6 feet above the natural grade, measured to the exterior face of surrounding walls, columns, or posts; other roofs or covered areas supported by walls, columns or posts and capable of being enclosed, measured to the exterior face of surrounding walls, columns or posts; roof penthouses; and accessory structures greater than 120 square feet in floor area. Excluded are areas permanently open to the sky; exterior areas under roof eaves, trellises or cantilevered overhangs; and attic spaces and underfloor spaces that are not capable of being finished into usable space. 14.08.090 H HEIGHT OF BUILDING: Height of a building is the vertical height as determined by the methods prescribed in the latest edition of the Uniform Building Code adopted by the city. An exception to this standard is made on residential projects located on slopes over 25%. On these projects, 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. � � S 14.08.150 N NATURAL STATE: All portions of lots that remain undeveloped and undisturbed. Grading, excavating, filling and/or the construction of roadways, driveways, parking areas and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting and landscaping which enhances the natural environment are permitted when approved through an Environmental and Design Review Permit. Section 14.11, Environmental and Design Review, is amended to include provisions for review of hillside residential development to read as follows: CHAPTER 14.11 ENVIRONMENTAL AND DESIGN REVIEW 14.11.010 PURPOSE (No changes proposed) 14.11.020 MATTERS SUBJECT TO REVIEW A. The following items shall be subject to environmental and design review permits, whether or not a building permit is required, unless exempt therefrom in Section 14.11.03 below. 1. Major physical improvements: All new buildings and structures, modifications to existing buildings including any relocation, exterior addition, extension or demolition, and other physical improvements which are considered to be major in nature. Major physical improvements would include but not be limited to: a. Any structure located within 100 vertical feet of a ridgeline. b. Condominiums, townhouses, apartments and any other multifamily residences. c Offices, commercial and industrial buildings and structures. d. Marinas and yacht harbors. e. Religious, fraternal, social, cultural, public, quasi -public and similar buildings and structures. f. Land improvements: grading or filling of land, removal of natural ground cover, vegetation or trees, installation of fences, retaining walls, walkways, curbs. (Note: See Use Permit requirements under Section 14.75.020 g. where the principal use proposed is grading or filling.) - 2 - g. Subdivisions located on slopes over 25% or with a General Plan land use designation of Hillside Residential or Hillside Resource Residential. h. Signs: when submitted simultaneously with plans for any of the improvements listed above or when including the use of non -concealed neon not within a window per Section 14.12.020.E.2.b. 2. Minor physical improvements: All new buildings and structures, modifications to existing buildings including any relocation, exterior addition, extension or demolition, and other physical improvements considered to be minor in nature. Minor physical improvements would include but not be limited to: a. The siting and style of single family residences and duplexes when located on a lot that does not have frontage on a public street but has an overall grade of fifteen percent or more. b. Landscaping: including vegetation, sprinkler system and low level lighting. c. Parking and loading areas: driveways, curb cuts and other street connections. d. Painting and colors: exterior textures and colors on new construction or the first time existing construction is finished with a color or colored material; thereafter on repainting and refinishing only if colors not on approved earthtone/woodtone list are proposed to be used. To minimize contrast of the structure with its background as viewed from the surrounding neighborhood, color selection shall coordinate with the predominant colors and values of the surrounding landscape and architecture. e. Exterior lighting. f. Elevated decks for single family or duplex residences when the deck is higher than three feet above grade except that decks of less than 100 square fed and decks which are fully cantilevered from a building shall not be subject to review. A design review permit is not required for an elevated deck when: (1) the deck is not visible from the public street or adjacent properties; - 3 - (2) when an existing elevated deck is being replaced with deck of same size and configuration. If an addition to existing deck is proposed and the total square feet is greater than 100 square feet, a design review permit is required. g. Minor on-site drainage improvements. h. All other minor exterior ornamental or functional changes. L Dwelling unit additions to existing apartment complexes provided that such additions meet the following: (1) the unit addition does not constitute more than 20% of the total number of units; (2) where the addition is consistent with the General Plan and spatial requirements of the zoning district in which the property is located; (3) all parking has been met; (4) there are no major changes to the building footprint or design. j. Any new residence and accessory structure, including additions over 500 square feet in size or any modification that increases the height of the roof line, located on residential parcels with slopes over 25% or located in the Hillside Resource Residential and Hillside Residential General Plan land use categories. B. Authority: The Planning Commission, Zoning Administrator and Planning Director have the authority to approve, conditionally approve or deny environmental and design review permits. This authority is identified as follows: 1. Planning Commission: The Planning Commission has the authority to approve, conditionally approve, deny or refer to the City Council all environmental and design review applications that are considered to be "major" identified under Section 14.11.02A(1)a through h and any other projects on which the Planning Commission may have retained jurisdiction on modifications or future applications. Projects which have both major and minor improvement components shall be heard by the Planning Commission. 2. Zoning Administrator: The Zoning Administrator has the authority to approve, conditionally approve, deny or refer to the Planning Commission those environmental and design - 4 - review applications identified under Section 14.82.030 and item 14.11.020.A.2.j. 3. Planning Director: The Planning Director has the authority to approve, conditionally approve, deny or refer to the Planning Commission those environmental and design review applications that are considered to be "minor" under Section 14.11.02A(2) a through i and not identified under the authority of the Zoning Administrator (Section 14.82.030(d). 14.11.030 MATTERS EXEMPT FROM REVIEW (no changes proposed in this section) 14.11.040 REQUIRED INFORMATION A. All plans shall be drawn to scale and accurately dimensioned unless substitute media are acceptable to the staff. B. The listed items of information may be submitted on separate sheets or combined in such manner as will facilitate clarity of interpretation and presentation. C. In accordance with the requirements and procedures set for the Chapter 14.10 of this title, the applicant shall submit the information listed in this Section. The Planning Director may require that additional information be submitted or may waive the submission of listed information. All residential projects located on parcels with slopes over 25% shall submit the information required in the Hillside Residential Design Guidelines Manual, Appendix A, "Environmental and Design Review Application Requirements for Hillside Residential Development Projects". D. (No changes proposed) 14.11.050 CRITERIA FOR APPROVAL OF APPLICATIONS Review shall be guided by the following criteria for the purpose of assuring that with regard to buildings, structures and physical improvements, each proposed development shall accomplish the purposes set forth in Section 14.11.01. Sections A. - M. (no change) N. In addition to the above criteria, all residential projects located on parcels with slopes over 25% shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual. O. All residential projects located within 100 vertical feet of a ridgeline shall be evaluated for conformity with Section Cl., Highly Visible Ridgeline Areas, of the Hillside Residential Design Guidelines - 5 - Manual. Development within 100 feet of a Visually Significant Ridge, as shown on Community Design Map A of the General Plan, is prohibited unless this restriction precludes all reasonable economic use of the property. An exception may be granted under this circumstance provided the following findings can be made: 1) there are no site development alternatives which avoid ridgeline development and the density has been reduced to the minimum allowed by the General Plan land use designation density range; and 2) no new subdivision lots are created which will result in ridgeline development; and 3) the proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting, and landscaping which avoid or minimize the visual impacts of the development as viewed from all public viewing areas. P. Any or all of the above criteria may, upon recommendation of the Design Review Board, be waived by 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. Exceptions to the Hillside Residential Guidelines also require the approval of the City Council based on the following criteria: 1) the project design alternative meets the stated objectives of the 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 2) alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures. 14.11.060 APPROVAL, CONDITIONS, AND GUARANTEES (no changes proposed) 14.11.070 DEDICATION AND IMPROVEMENT (no changes proposed). 14.11.080 NONCOMPLIANACE (no changes proposed) 14.11.090 REVOCATION, EXPIRATION AND EXTENSION OF APPROVAL (no changes proposed) 14.11.100 ESTABLISHMENT AND ORGANIZATION OF THE DESIGN REVIEW BOARD (no changes proposed) Chapter 14.75, "General Provisions and Exceptions," is amended to include provisions for Hillside Residential Development Standards, to read as follows: CHAPTER 14.75 GENERAL PROVISIONS AND EXCEPTIONS 14.75.100 HILLSIDE RESIDENTIAL DEVELOPMENT STANDARDS On new single family structures and accessory structures which are located on parcels with an average slope greater than 25% or in the Hillside Resource Residential or Hillside Residential General Plan land use categories and additions over 500 square feet in size or any modification that increases the height of the roof line on such structures, the following standards apply: a. Building stevback: A building stepback is established to limit the height of structures to avoid excessive building bulk. On the downhill slope walls and on walls facing front and side property lines, a 20 foot height limit measured from existing grade shall be observed within all areas within 15 feet of the maximum building envelope limit. To allow for design flexibility, an encroachment into the street front, street side, and interior side stepback is permitted along 25% of the building length. b. Setbacks: Structures may encroach into a required yard or setback for a distance of not more than one-half of the required yard or setback with the recommendation of the Design Review Board when the encroachment minimizes the impact of hillside development and grading. If such a reduction is granted, a compensating increase in setback is required in the opposing setback, i.e., a five foot reduction in a front yard setback would increase the rear yard setback by five feet. c. Natural State Requirement: A natural state area standard requires that the percentage of each parcel which must remain in its natural state shall be a minimum of twenty-five percent plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent. This standard may be waived or reduced upon the recommendation of the Design Review Board for lots established under planned or clustered developments. d. Maximum Gross Square Footage: The maximum permitted gross building square footage of all structures (including garages, carports, and accessory structures over 120 square feet) is limited to 2,500 - 7 - square feet + 10% of the lot area with the maximum gross square footage set at 6500 square feet. e. Ridgeline Develotiment: Development of new structures within 100 vertical feet of a Visually Significant Ridgeline, as shown on Community Design Map A of the General Plan, is prohibited unless this restriction precludes all reasonable economic use of the property. An exception may be granted under this circumstance provided the following findings can be made: 1) there are no site development alternatives which avoid ridgeline development and the density has been reduced to the minimum allowed by the General Plan land use designation density range; and 2) no new subdivision lots are created which will result in ridgeline development; and 3) the proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting, and landscaping which avoid or minimize the visual impacts of the development as viewed from all public viewing areas. f. Parking Reauirements: On substandard streets, a minimum of two additional on-site parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be conveniently placed relative to the dwelling unit which they serve. This requirement may be waived when the size or shape of the lot or the need for excessive grading or tree removal make the requirement infeasible. g. Lot standards: Minimum lots sizes and widths for parcels created after the effective date of this ordinance are subject to the slope tables established under Chapter 15.34 of the Subdivision Ordinance. h. Structures which were lawfully constructed prior to the adoption of the Hillside Residential Development Standards, but fail to meet the present requirements shall not be considered as nonconforming structures and shall be permitted to be repaired or replaced with a similar design or with minor design modifications if damaged or destroyed by natural disaster providing a building permit is obtained for such restoration within a period of one year. CHAPTER 14.65 HILLSIDE DEVELOPMENT OVERLAY DISTRICT (HO) SECTIONS: 14.65.010 Purpose 14.65.020 Establishment 14.65.030 Development Standards 14.65.040 Environmental and Design Review Requirement 14.65.010 PURPOSE The purpose of the Hillside Development Overlay District is to provide a combining zoning district which implements the residential site design policies of the City of San Rafael General Plan 2000 and the Hillside Residential Design Guidelines Manual. Specific purposes include the following: A. To protect public health and safety by minimizing hazards, including seismic and landslide risks, soil erosion, and fire danger associated with development on steep and/or unstable slopes. B. To encourage preservation of natural hillside features. C. To ensure adequate emergency access by providing on-site parking. 14.65. 0 2 0 ESTABLISHMENT This district is established as a combining district such that the requirements of this district shall apply in lieu of the similar requirements of the district with which this district is combined. 14.65.030 DEVELOPMENT STANDARDS The following development standards apply to all properties designated with a Hillside Development Overlay District: a. Building Stegback: A building stepback is established to limit the height of structures to avoid excessive building bulk. On the downhill slope walls and on walls facing front and side property lines, a 20 foot height limit measured from existing grade shall be observed within all areas within 15 feet of the maximum building envelope limit. To allow for design flexibility, an encroachment into the street front, street side, and interior side stepback is permitted along 25% of the building length. b. Setbacks: Structures may encroach into a required yard or setback for a distance of not more than one-half of the required yard or setback with the recommendation of the Design Review Board when the encroachment minimizes the impact of hillside development and grading. If such a reduction is granted, a compensating increase in setback is required in the opposing setback, i.e., a five foot reduction in a front yard setback would increase the rear yard setback by five feet. c. Natural State Requirement: A natural state area standard requires that the percentage of each parcel which must remain in its natural state shall be a minimum of twenty-five percent plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent. This standard may be waived or reduced upon the recommendation of the Design Review Board for lots established under planned or clustered developments. d. Gross Building Square Footage: The maximum permitted gross building square footage of all structures (including garages, carports, and accessory structures over 120 square feet) is limited to 2,500 square feet + 10% of the lot area with the maximum gross square footage set at 6500 square feet. e. Ridgeline Development: Development of new structures within 100 vertical feet of a Visually Significant Ridgeline, as shown on Community Design Map A of the General Plan, is prohibited unless this restriction precludes all reasonable economic use of the property. An exception may be granted under this circumstance provided the following findings can be made: 1) there are no site development alternatives which avoid ridgeline development and the density has been reduced to the minimum allowed by the General Plan land use designation density range; and 2) no new subdivision lots are created which will result in ridgeline development; and 3) the proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting, and landscaping which avoid or minimize the visual impacts of the development as viewed from all public viewing areas. f. Parking Requirements: On substandard streets, a minimum of two additional on-site parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be conveniently placed relative to the dwelling unit which they serve. This requirement may be waived when the size or shape of the lot or the need for excessive grading or tree removal make the requirement infeasible. - 10 - g. Lot standards: Minimum lots sizes and widths for parcels created after the effective date of this ordinance are subject to the slope tables established under Chapter 15.34 of the Subdivision Ordinance. 14.65.040 DESIGN REVIEW REQUIREMENT A major Environmental and Design Review permit is required for all condominiums, townhouses, apartments, and any other multi -family residences and for all subdivisions. A minor Environmental and Design Review permit is required for any new residence and accessory structure, including additions over 500 square feet in size or any modification that increases the height of the roof line, located on residential parcels. All applications for Environmental and Design Review shall include the submittal requirements lists in the Hillside Residential Design Guidelines Manual, Appendix A, "Environmental and Design Review Application Requirements for Hillside Residential Development Projects: All applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual. DIVISION 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such holding or holdings shall not affect the validity of the remaining portions of the ordinance. The Council declares that it would have passed this 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 3. This ordinance shall be published once in full before its final passage, in a newspaper of general circulation, published and circulated in said city, and shall be in full force and effect thirty (30) days after its passage. ,►CY , /�THY BRED-JER, Vice Mayor1904 � . Attest: JE �EM.EONCUs , City Clerk The foregoing Ordinance No. 1610 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 7th day of October ,1991, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Thayer and Vice Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shippey and Mayor Mulryan 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 21st day of October ,1991. JgANNE M. LEON* I, City Clerk - 12 -