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HomeMy WebLinkAboutOrdinance 1625 (Zoning Ordinance Amendment)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. j59 -s entitled: "AN ORDINANCE AMENDING CHAPTER 14 (THE ZONING ORDINANCE) OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, CALIFORNIA" is a true and correct copy of an ordinance of said City and was introduced at a REM I AR meeting of the City Council of the City of San Rafael, held on the 8th day of synopsis* SFPTFMRFR , 1992, /publisheds-regttired -bey-C-tty�C-ka-r�eF in the MRIN_INDEPENDENT .1IIRNAI , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REG 11 AR meeting of the City Council of said City held on the 1 st day of SEPTEMBER , 19 92, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None *As directed by Gary T. Ragghianti, City Attorney WITNESS my hand and the official seal of the City of San Rafael this 13th clay of QCT UP , 19_qZ- . �- ht JEANNE/ LEONCIN City erk CITY OF SAN RAFAEL ZONING ORDINANCE TABLE OF CONTENTS PART I — GENERAL PROVISIONS Chapter 1 Title, Components, and Purposes 14.01.010 Title 14.01.020 Components 14.01.030 Purposes Chapter 2 Organization, Applicability, and Interpretation Title 14 of the Municipal Code Page 14.02.010 Organization 2-1 14.02.020 General Rules of Applicability of Zoning Regulations 2-1 14.02.030 Applicability of Land Use and Development Regulations 2-2 14.02.040 Rules for Interpretation; Record-keeping 2-3 14.02.050 Effect of this Ordinance on Approved Projects and Projects 2-4 4-6 in Process Commercial Chapter 3 Definitions 14.03.010 Purpose and Applicability 3-1 14.03.020 Rules for Construction of Language 3-1 14.03.030 Definitions 3-1 PART II — BASE DISTRICT REGULATIONS Chapter 4 Residential Districts (R, DR, MR, HR) 14.04.010 Specific Purposes 4-1 14.04.020 Land Use Regulations (R, DR, MR, HR, PD) 4-3 14.04.030 Property Development Standards (R) 4-5 14.04.040 Property Development Standards (DR, MR, HR) 4-6 Chapter 5 Commercial and Office Districts (GC, NC, O, DCC, C/O, RIO, FBWC) 14.05.010 Specific Purposes 5-1 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, R/O, FBWC) 5-4 14.05.030 Property Development Standards (GC, NC, O, DCC, C/O, 5-10 R/O, FBWC) Chapter 6 Industrial Districts (I, LUO, CCl/O) 14.06.010 Specific Purposes 6-1 14.06.020 Land Use Regulations (I, LI/O, CCI/O) 6-2 14.06.030 Property Development Standards (I, LI/O, CCI/O) 6-6 Chapter 7 Planned Development District (PD) 14.07.010 Specific Purposes 7-1 14.07.020 Land Use Regulations 7-1 14.07.030 Property Development Regulations 7-1 14.07.040 Authority 7-2 14.07.050 Application 7-2 14.07.060 Required Plans and Materials 7-2 14.07.070 Initial Consultation; Concept Plan Review 7-3 14.07.080 Public Notice and Hearing 7-3 14.07.090 Findings 9-3 14.07.100 Content of PD Zoning Approvals 7-4 14.07.110 Notice of Decision 7-4 14.07.120 Effect of Failure to Give Notice 7-4 14.07.130 Effective Date; Status of Development Plan 7-4 14.07.140 Zoning Map Designation 7-4 14.07.150 Amendments to PD Zoning and Development Plans; New 7-4 Application 14.07.160 Revocation 7-5 14.07.170 New Applications Following Denial or Revocation 7-5 Chapter 8 Marine -Related Districts (M, MC) 14.08.010 Specific Purposes 8-1 14.08.020 Land Use Regulations (M, MC) 8-2 14.08.030 Property Development Standards (M, MC) 8-4 K TABLE OF CONTENTS Chapter 9 Public/Quasi-Public District (P/QP) Page 14.09.010 Specific Purposes 9-1 14.09.020 Land Use Regulations (P/QP) 9-2 14.09.030 Property Development Standards (P/QP) 9-3 Chapter 10 Parks/Open Space District (P/OS) 12-1 14.10.010 Specific Purposes 10-1 14.10.020 Land Use Regulations (P/OS) 10-2 14.10.030 Property Development Standards (P/OS) 10-3 Chapter it Water District (W) Identified and Unidentified Wetlands 14.11.010 Specific Purposes 11-1 14.11.020 Land Use Regulations (W) 11-2 14.11.030 Property Development Standards (W) 11-3 PART III — OVERLAY DISTRICT REGULATIONS Chapter 12 Hillside Development Overlay DIstrict (-H) 14.12.010 Specific Purposes 12-1 14.12.020 Criteria for Establishment of Hillside Development 12-1 14.14.030 Overlay District 14-1 14.12.030 Property Development Standards (-H) 12-1 Chapter 13 Wetland Overlay District (-WO) 14-1 14.13.010 Specific Purposes 13-1 14.13.020 Criteria for Establishment of Wetland Overlay District for 13-1 Specific Purposes and Applicability Identified and Unidentified Wetlands 14.16.020 14.13.030 Land Use Regulations (-WO) 13-2 14.13.040 Property Development Regulations (-WO) 13-3 14.13.050 Application for a Use Permit 134 14.13.060 Conditions of Approval 13-5 14.13.070 Findings 13-5 14.13.080 Wetland Restoration and Creation 13-6 14.13.090 Wetland Management Plan 13-6 14.13.100 Enforcement 13-7 Chapter 14 Downtown Review Overlay District (-D) 14.14.010 Specific Purposes 14-1 14.14.020 Authority 14-1 14.14.030 Application 14-1 14.14.040 Improvements Subject to Review 14-1 14.14.050 Downtown Design Criteria 14-1 14.14.060 Processing 14-3 Chapter 15 Canalfront Review Overlay District (-C) 14.15.010 Specific Purposes 15-1 14.15.020 Authority 15-1 14.15.030 Application 15-1 14.15.040 Improvements Subject to Review 15-1 14.15.050 Canalfront Design Guidelines 15-1 14.15.060 Processing 15-2 PART IV — REGULATIONS APPLYING G IN ATT OR SEVERAL DISTRICTS Chapter 16 Site and Use Regulations 14.16.010 Specific Purposes and Applicability 16-1 14.16.020 Accessory Structures 16-1 14.16.030 Affordable Housing Requirement 16-2 14.16.040 Buildings Over Three Stories 16-2 14.16.050 Conservation Areas — Development Potential 16-2 14.16.060 Conservation of Dwelling Units 16-2 14.16.070 Conversion or Demolition of Dwelling Units 16-3 14.16.080 Creeks and Other Watercourses 16-3 11 I1 TABLE OF CONTENTS Page 14.16.090 Density Bonus 16-4 14.16.100 Development Agreements 16-4 14.16.110 Drive -Through Facilities 164 14.16.120 Exclusions to the Maximum Height Requirement 16-5 14.16.130 Exclusions to the Required Minimum Yards 16-5 14.16.140 Fences 16-5 14.16.150 Floor Area Ratios Applicable to Non -Residential 16-6 14.17.070 Development 17-4 14.16.160 Gasoline Stations 16-10 14.16.170 Geotechnical Review 16-10 14.16.180 Hazardous Soils Conditions 16-10 14.16.190 Height Bonus 16-10 14.16.200 Hillside Residential Development Standards 16-10 14.16.210 Historic Preservation 16-11 14.16.220 Home Occupations 16-11 14.16.230 Lot Consolidation When Development Occurs 16-12 14.16.240 Manufactured Homes 16-12 14.16.250 Motor Vehicle Maintenance and Storage in Residential 16-12 Districts 14.16.260 Noise Standards 16-13 14.16.270 Nonconforming Structures and Uses 16-14 14.16.280 Satellite Dishes in Residential Districts 16-15 14.16.290 Shoreline Embankments 16-16 14.16.300 Small Lots 16-16 14.16.310 State Lands Commission Title Claims (Allardt's Canal) 16-16 14.16.320 Swimming Pools and Hot Tubs 16-16 14.16.330 Transfer of Density Among Properties 16-16 14.16.340 Transfer of Density On -Site 16-18 14.16.350 Trip Allocations 16-18 Chapter 17 Performance Standards 14.17.010 Specific Purposes 17-1 14.17.020 Animal Keeping 17-1 14.17.030 Emergency Shelters for the Homeless 17-2 14.17.040 Family Day Care Homes, Large 17-3 14.17.050 Food Service Establishments, Offices and Financial 17-3 14.18.060 Institutions in the Downtown Core Commercial District 18-6 14.17.060 Fortunetelling 17-4 14.17.070 Came Arcades 17-4 14.17.080 Mobilehome Parks 17-5 14.17.090 Motor Vehicle Repair Uses (Major or Minor) 17-6 14.17.100 Residential Uses in Commercial Districts 17-6 14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction 17-7 14.18.120 With Food Service Establishments 18-8 14.17.120 Second Dwelling Units 17-8 14.17.130 Temporary Uses 17-10 Chapter 18 Parking Standards 14.18.010 Specific Purposes 18-1 14.18.020 Applicability 18-1 14.18.030 Computation 18-2 14.18.040 Parking Requirements 18-2 14.18.050 Off -Street Loading and Unloading 18-6 14.18.060 Downtown Parking Assessment District 18-6 14.18.070 Parking Requirements for Multiple Uses 18-7 14.18.080 Parking Requirements for Reciprocal Uses With Shared 18-7 Parking Facilities 14.18.090 Bicycle Parking 18-7 14.18.100 Parking Space Dimensions 18-8 14.18.110 Compact Parking Spaces - Allowable Percentage 18-8 14.18.120 Tandem Parking Prohibition 18-8 14.18.130 Parking Facility Dimensions and Design 18-8 14.18.140 Access to Public Right -of -Way 18-9 14.18.150 Alternate Parking Locations for Uses With Insufficient Parking 18-10 iii TABLE OF CONTENTS Page iv 14.18.160 Parking Lot Screening and Landscaping 18-10 14.18.170 Lighting 18-11 14.18.180 Residential Districts - Garage and Carport Standards 18-11 14.18.190 Recreational Vehicle Parking in Residential Districts 18-I1 14.18.200 Location of Parking and Maneuvering Areas 18-11 14.18.210 Commercial Parking in MR and HR Districts 18-12 14.18.220 On -Site and Remote Parking 18-12 14.18.230 Parking Spaces - In Lieu Payments 18-12 14.18.240 Grandfathered Parking 18-12 14.18.250 Permanence of Off -Street Parking 18-13 Chapter 19 Signs 14.19.010 Specific Purposes 19-1 14.19.020 What is Permitted 19-1 14.19.030 What is Prohibited 19-13 14.19.040 What is Exempt (Repealed, see section 14.19.020F) 19-15 14.19.050 Permit Procedure 19-15 14.19.060 Adjustments 19-16 14.19.070 Variance 19-17 14.19.080 Correction of Nonconforming Signs 19-17 14.19.090 Violations and Enforcement 19-19 14.19.100 Definitions 19-19 PART V — ADMINISTRATIVE Chapter 20 REGULATIONS Zoning Administrator Authority 14.20.010 Specific Purposes 20-1 14.20.020 Zoning Administrator Authority Established 20-1 14.20.030 Appointment of the Zoning Administrator 20-1 14.20.040 Actions of the Zoning Administrator 20-1 14.20.050 Adoption of Procedures 20-1 14.20.060 Public Notice and Hearing on Zoning Administrator Items 20-1 14.20.070 Referral to Planning Commission on Zoning Administrator 20-1 Items Chapter 21 Administrative Use Permits 14.21.010 Specific Purposes 21-1 14.21.020 Applicability 21-1 14.21.030 Authority 21-1 14.21.040 Referral to Planning Commission 21-1 14.21.050 Application 21-2 14.21.060 Public Notice and Hearing 21-2 14.21.070 Conditions of Approval 21-2 14.21.080 Findings 21-2 14.21.090 Notice of Decision 21-2 14.21.100 Appeals 21-2 14.21.110 Effective Date of Permif 21-2 14.21.120 Approval to Run With the Land 21-2 14.21.130 Extensions 21-3 14.21.140 Amendments; New Application 21-3 14.21.150 Revocation 21-3 14.21.160 New Applications Following Denial or Revocation 21-3 14.21.170 Expiration 21-3 Chapter 22 Use Permits 14.22.010 Specific Purposes 22-1 14.22.020 Authority 22-1 14.22.030 Application 22-2 14.22.040 Master Use Permits 22-2 14.22.050 Multiple Applications 22-2 14.22.060 Public Notice and Hearing 22-2 14.22.070 Conditions of Approval 22-3 14.22.080 Findings 22-3 14.22.090 Notice of Decision 22-3 iv s� TABLE OF CONTENTS Page V 14.22.100 Effect of Failure to Give Notice 22-3 14.22.110 Appeals 22-3 14.22.120 Effective Date of Permit 22-3 14.22.130 Approval to Run With the Land 22-4 14.22.140 Extensions 224 14.22.150 Amendments; New Application 224 14.22.160 Revocation 221 14.22.170 New Applications Following Denial or Revocation 224 14.22.180 Expiration Y44 Chapter 23 Variances 14.23.010 Specific Purposes 23-1 14.23.020 Authority 23-1 14.23.030 Application 23-1 14.23.040 Multiple Applications 23-1 14.23.050 Public Notice and Hearing 23-2 14.23.060 Conditions of Approval 23-2 14.23.070 Findings 23-2 14.23.080 Notice of Decision 23-3 14.23.090 Effect of Failure to Give Notice 23-3 14.23.100 Appeals 23-3 14.23.110 Effective Date of Permit 23-3 14.23.120 Approval to Run With the Land 23-3 14.23.130 Extensions 23-3 14.23.140 Amendments; New Application 23-3 14.23.150 Revocation 23-3 14.23.160 New Applications Following Denial or Revocation 23-3 14.23.170 Expiration 23-3 Chapter 24 Exceptions 14.24.010 Specific Purposes 24-1 14.24.020 Authority 24-1 14.24.030 Application 24-2 14.24.040 Public Notice and Hearing 24-2 14.24.050 Conditions of Approval 24-2 14.24.060 Findings 24-2 14.24.070 Notice of Decision 24-2 14.24.080 Appeals 24-3 14.24.090 Effective Date of Permit 24-3 14.24.100 Approval to Run With the Land 24-3 14.24.110 Extensions 24-3 14.24.120 Amendments; New Application 24-3 14.24.130 Revocation 24-3 14.24.140 New Applications Following Denial or Revocation 24-3 14.24.150 Expiration 24-3 Chapter 25 Environmental and Design Review Permits 14.25.010 Specific Purposes 25-1 14.25.020 Authority 25-1 14.25.030 Application 25-2 14.25.040 Improvements Subject to Review 25-2 14.25.050 Review Criteria 25-5 14.25.060 Public Notice and Hearing 25-8 14.25.070 Design Review Board 25-9 14.25.080 Conditions of Approval 25-9 14.25.090 Findings 25-10 14.25.100 Notice of Decision 25-10 14.25.110 Effect of Failure to Give Notice 25-10 14.25.120 Appeals 25-10 14.25.130 Effective Date of Permit 25-10 14.25.140 Approval to Run With the Land 25-10 14.25.150 Extensions 25-10 14.25.160 Amendments; New Application 25-10 14.25.170 Revocation 25-11 14.25.180 New Application Following Denial or Revocation 25-11 V TABLE OF CONTENTS Page Vi 14.25.190 Construction Review and Enforcement 25-11 14.25.200 Expiration 25-11 Chapter 26 Trip Permits 14.26.010 Specific Purposes 26-1 14.26.020 Authority 26-1 14.26.030 Application 26-1 14.26.040 Criteria for Use of Bonus Trips 26-2 14.26.050 Findings 26-2 14.26.060 Modifying or Abandoning Reserve Trip Categories 26-2 14.26.070 Approvals to Run With the Project 26-3 14.26.080 Extensions 26-3 14.26.090 Timing of Trip Transfer Approvals; Effective Date of Permit 26-3 Chapter 27 Amendments 14.27.010 Specific Purposes 27-1 14.27.020 Authority 27-1 14.27.030 Initiation of Amendments 27-1 14.27.040 Application for Amendments Initiated by the Public 27-1 14.27.050 Public Notice and Hearing 27-2 14.27.060 Findings 27-2 14.27.070 Notice of Decision 27-2 14.27.080 Effect of Failure to Give Notice 27-2 14.27.090 Revisions of Proposed Amendments 27-2 14.27.100 New Applications Following Denial 27-3 14.27.110 Prezoning 27-3 Chapter 28 Appeals 14.28.010 Purpose and Authorization for Appeals 28-1 14.28.020 Right of Appeal 28-1 14.28.030 Filing and Time Limit of Appeals 28-1 14.28.040 Public Notice and Hearing 28-1 14.28.050 Notice of Decision 28-1 14.28.060 Effect of Failure to Give Notice 28-1 14.28.070 Effective Date of Appealed Actions 28-2 14.28.080 New Appeal 28-2 Chapter 29 Enforcement 14.29.010 Specific Purposes 29-1 14.29.020 Authority of Code Enforcement Office Established 29-1 14.29.029 Permits, Licenses, Certificates and Approvals 29-1 14.29.040 Violations 29-1 14.29.050 Each Day a Separate Violation 29-1 14.29.060 Enforcement Actions 29-1 14.29.070 Revocation of Discretionary Permits 29-2 Vi ORDINANCE NO. 1625 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14 (THE ZONING ORDINANCE) OF THE SAN RAFAEL, MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1 Amendment Chapter 14 of the Municipal Code of the City of San Rafael, California is hereby amended as provided In the accompanying text and maps. Chapter 1 Title, Components, and Purposes Sections: 14.01.010 Title 14.01.020 Components 14.01.030 Purposes 14.01.010 Title This title, Title 14 of the San Rafael Municipal Code, shall be known and cited as the San Rafael Zoning Ordinance, or, the Zoning Ordinance. 14.01.020 Components The Zoning Ordinance shall consist of the following components: A. A map, or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the City of San Rafael. B. Regulations, known as zoning regulations, governing the use of land, and placement of buildings and improvements within the various classes of districts. Such regulations shall include, but not be limited to, property development standards for each district, parking standards, performance standards, and procedural rules for administering the ordinance. A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be kept on file with the City Clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect shall also be kept on file in the Planning Department. 14.01.030 Purposes The San Rafael Zoning Ordinance is adopted to promote and protect the public health, safety, peace, comfort and general welfare. The Zoning Ordinance is also intended to promote the following more specific purposes: A. To implement and promote the goals and policies of the San Rafael General Plan, so as to guide and manage future development in the City in accordance with such Plan. B. To foster harmonious and workable relationships among land uses. C. To reduce or remove negative impacts caused by inappropriate location, use or design of buildings and improvements. D. To protect, strengthen and diversify the economic base of the City. E. To promote viable commercial and industrial enterprises that provide diverse employment opportunities for city residents. F. To ensure the adequate provision of light, air, space, fire safety and privacy between buildings. G. To provide adequate, safe and effective off-street parking and loading facilities. H. To promote a safe, effective traffic circulation system, and maintain acceptable local circulation system operating conditions. 1-1 1. To promote design quality in all development and to preserve and enhance the city's existing historic, architectural, and cultural resources. ). To preserve and enhance natural resources and key visual features in the community, including the bay shoreline, canal, wetlands, and hillsides. K. To protect and conserve the City's existing housing stock. L. To promote housing development to meet housing needs, including affordable housing and special housing needs. M. To coordinate the service demands of new development with the capacities of existing streets, utilities and public services. N. To provide for effective citizen participation in decision-making. 1-2 Chapter 2 Organization, Applicability and Interpretation Sections: 14.02.010 Organization 14.02.020 General Rules of Applicability of Zoning Regulations 14.02.030 Applicability of Land Use and Development Regulations 14.02.040 Rules for Interpretation; Record-keeping 14.02.050 Effect of this Ordinance on Approved Projects and Projects in Process 14.02.010 Organization A. The Zoning Ordinance is divided into five parts: I. General Provisions II. Base District Regulations III. Overlay District Regulations IV. Regulations Applying in All or Several Districts V. Administrative Regulations B. Three types of zoning regulations control use and development of property: 1. Land Use Reeulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are contained in Part II of the Zoning Ordinance. Land use regulations for overlay districts are contained in Part III of the Zoning Ordinance. Certain regulations applicable in all or several districts are included in Part IV. 2. Development Reeulations control the height, bulk, and location of structures on development sites and establish other development standards. Development regulations for each base zoning district are in Part 11 of the Zoning Ordinance; development regulations for overlay districts are contained in Part III. Certain development regulations, applicable in more than one base or overlay district, are contained in Part IV. These include site and use regulations, performance standards for certain uses, and parking and sign regulations. 3. Administrative Reeulations contain detailed procedures for the administration of zoning regulations, including requirements for administrative permits, use permits, variances, exceptions, design review permits, Zoning Ordinance amendments, appeals and enforcement. Administrative regulations are contained in Part V of the Zoning Ordinance. 14.02.020 General Rules for Applicability of Zoning Regulations A. Anolicability to Pronertv. Zoning regulations shall apply to all land within the City of San Rafael, including land owned by the City of San Rafael and other local, state or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the Zoning Map. B. Avo_ licability to Streets and Riehts-of Way. Public streets, utility and other right-of-ways are the boundaries of the zoning districts. In cases where right-of-ways are abandoned, the centerline shall be used as the district boundary. C. Comoliance with Reeulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this TItle. D. Public Nuisance. Neither the provisions of this Title nor the approval of any permit authorized by this Title shall authorize the maintenance of any public nuisance, as defined in Chapter 1.16 (Nuisance Abatement) and Chapter 1.20 (Nuisances). E. Compliance with Public Notice Requirements., Compliance with public notice requirements prescribed by this Title shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice. F. Conflict with Other Reeulations. Where conflict occurs between the provisions of this Title and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this Title. 2-1 G. Relation to Private Agreements, This Title shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this Title imposes greater restriction than imposed by an easement, covenant, or agreement, this Title shall control. H. Anolication Durine Local Ememencv. The City Council may authorize deviations from any provision of this Title during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing. I. Severability. If any section, subsection, sentence or phrase of this Title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this Title shall not be affected. It is expressly declared that this Title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this Title would be declared invalid or unconstitutional. 14.02.030 Applicability of Land Use and Development Regulations A. Zonine Desienation Svstem. Land use and development regulations applicable to specific sites shall be shown on the Zoning Map by zoning designations consisting of initial letters from the name of each zoning district. B. Establishment of Base Zonine_ Districts. Base zoning districts into which the city is divided are established as follows: Base District Designator Base District Name Chapter R2a Single-family Residential District 4 Minimum lot size 2 acre Rla Single-family Residential District 4 Minimum lot size: 1 acre R20 Single-family Residential District 4 Minimum lot size 20,000 sq. ft. R10 Single-family Residential District 4 Minimum lot size 10,000 sq. ft. R7.5 Single-family Residential District 4 Minimum lot size 7,500 sq. ft. R5 Single-family Residential District 4 Minimum lot size: 5,000 sq. ft. DR Duplex Residential District 4 2,500 sq. ft. per dwelling unit MR5 Multifamily Residential District (Medium Density) 4 5,000 sq. ft. per dwelling unit MR3 Multifamily Residential District (Medium Density) 4 3,000 sq. ft. per dwelling unit MR2.5 Multifamily Residential District (Medium Density) 4 2,500 sq. ft. per dwelling unit MR2 Multifamily Residential District (Medium Density) 4 2,000 sq. ft. per dwelling unit HR1.8 Multifamily Residential District (High Density) 4 1,800 sq. ft. per dwelling unit HR1.5 Multifamily Residential District (High Density) 4 1,500 sq. ft. per dwelling unit HR1 Multifamily Residential District (High Density) 4 1,000 sq. ft. per dwelling unit VMA GC General Commercial District 5 NC Neighborhood Commercial District 5 Designator 1,800 sq. ft. per dwelling unit Chapter O Office District 5 DCC Downtown Core Commercial District 5 -D 1,000 sq. ft. per dwelling unit 14 C/O Commercial /Office District 5 1,000 sq. ft. per dwelling unit R/O Residential/Office District 5 1,000 sq. ft. per dwelling unit FBWC Francisco Boulevard West Commercial District 5 I Industrial District 6 LI/O Light Industrial/Office District 6 CCI/O Core Canal Industrial/Office District 6 PD Planned Development District 7 M Marine District 8 MC Marine Commercial District 8 P/QP Public/Quasi-Public District 9 P/OS Parks/Open Space District 10 W Water District 11 C. Establishment of Overlav Zonine Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows: Overlay District Designator Overlay District Name Chapter -H Hillside Development Overlay District 12 -WO Wetland Overlay District 13 -D Downtown Review Overlay District 14 -C Canalfront Review Overlay District 15 14.02.040 Rules for Interpretation; Record-keeping A. Zonine Man. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply: 1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line. 2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map. 3. Any parcels inadvertently not zoned shall be rezoned consistent with the General Plan land use designation and surrounding zoning classifications. 2-3 Land Use Categorim land use categories include uses having similar characteristics, but do not specify every use or activity that may appropriately be within the category. The Planning Director shall determine whether a specific use shall be deemed to be within one or more use category or not within any use in this Title. The Planning Director may determine that a specific use shall not be deemed to be within a use category, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of a specific use. Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a Zoning Ordinance text amendment, as provided in Chapter 27 (Amendments). C. Zonine Reeulations. 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. D. Appeals. An interpretation of the zoning map, use classifications, or zoning regulations by the Planning Director may be appealed to the Planning Commission, as provided in Chapter 28 (Appeals). 14.02.050 Effect of this Ordinance on Approved Projects and Projects in Process A. Use permits, variances, design permits, and tentative subdivision maps which are valid on the effective date of this ordinance shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval, provided that the use permit or design approval is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to Title 12, Building Regulations. B. No provision of this Title shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of this Title, or any subsequent amendment of this Title. C. Any reapplication for an expired permit must meet the standards in effect at the time of reapplication. D. Any modification of a Use Permit or Variance, or any major modification of an Environmental and Design Review Permit or Building Permit issued prior to the date of this Title must conform to the standards in effect at the time of the revised application. E. Any minor modification of an Environmental and Design Review Permit or Building Permit issued prior to the date of this Title may be subject to the standards in effect at the time of the revised application, as determined by the Planning Director. F. Any extension of a Use Permit must meet the standards in effect at the time of reapplication. G. An Environmental and Design Review Permit, or of a Variance which has been approved as part of an Environmental and Design Review Permit, may be extended under the standards in effect at the time of approval up to two years after the effective date of the of this Title. Extensions of such permits after two years of the effective must meet the standards in effect at the time of reapplication. H. Projects for which Public Hearings are not complete prior to the effective date of this Title shall be subject to the use regulations, development standards, and all other requirements of this Title. 2-4 Chapter 3 Definitions Sections: 14.03.010 Purpose and Applicability 14.03.020 Rules for Construction of Language 14.03.030 Definitions 14.03.010 Purpose and Applicability The purpose of this chapter is to promote consistency and precision in the application and interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout Title 14, except where the context or use of such words or phrases clearly indicates a different meaning or construction intended in that particular case. 14.03.020 Rules for Construction of Language A. The particular shall control the general. B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows: 1. "And" indicates that all connected words or provisions shall apply. 2. "Or" indicates that the connected words or provisions may apply singly or in any combination. 3. "Either ... or" indicates that the connected words or provisions shall apply singly but not in combination. C. In case of conflict between the text and any illustration, the text shall control. D. The word "shall" is mandatory and not discretionary. The words "may" and "should" are permissive and discretionary. E. References in the masculine and feminine genders are interchangeable. F. Unless the context clearly indicates the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. 14.03.030 Definitions Accessory structure: A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building and use. If a structure is connected to the principal building by a continuous roofline or by a covered (roofed) breezeway no greater than 10 feet in length, the building shall be considered attached. Addition: A structure added to the original structure at some time after the completion of the original. Affordable housing: Residential developments which provide a substantial number of units affordable to low and moderate income households, as defined in the San Rafael General Plan. Alteration: Any change or modification in construction. Animal care facility: A use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services. Atrium: A covered entryway or central courtyard, typically open through two or more floor levels, which is nonleasable space and which does not include enclosed stairways, elevators, hallways, or similar area. Bed and breakfast inn: Establishments offering lodging on a less than weekly basis typically in a converted single-family dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen. Billiards: See 'Tool hall." 3-1 Boarding 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. Boat docking facility A fixed structure typically made of wood or concrete connected to land which is used to secure boats and provide dry pedestrian access to land. Bonus trip allocation: Non -parcel -specific "extra" trips that are reserved for developments providing significant amounts of affordable housing, needed neighborhood serving commercial or other specified uses for public benefit. Brew pub: An establishment where beer, ale or malt liquors are produced and served to customers. May also include restaurant services. Buffer Land area used to separate and/or protect one use from another, or to shield or block noise, lights, or other nuisances. Building: Any structure used or intended for supporting or sheltering any use or occupancy. 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. Caretaker's residence: An accessory dwelling unit on the site of a commercial, industrial, public, or semi-public use, occupied by a guard or caretaker. Carport A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides. City: The City of San Rafael. Club: A non-profit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interest or activities, but not including a group organized solely or primarily to render a service customarily carried on as a business. Cluster A development technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally sensitive features. Cocktail lounge: A use providing preparation and retail sale of alcoholic beverages, on a licensed "on sale" basis, for consumption on the premises, including taverns, bars and similar uses. Coin-operated amusement device: A machine which, upon the insertion of a coin or similar, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of money, coins, tokens or merchandise. Contractor's yard: A use providing storage of equipment, materials and vehicles for contractors who are in trades involving construction activities which include, but are not limited to, plumbing, painting, electrical, roofing, and carpentry, including incidental services and offices. Contractor's storage yards may include the maintenance and outdoor storage of large construction equipment such as earthmoving equipment, cranes, and outdoor storage of building materials. Creek: An open watercourse connecting to other water bodies as shown on the General Plan Creeks Map. Also includes unmapped tributaries to the Bay to the point at which they have a defined bed and bank. Qvt. A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface or excavated. Day care facility: An existing or proposed building, equipment, and any accessory structures, in which there are programs and personnel licensed by the State for direct child or adult care services including, but not limited to, shelter, food, education and play opportunities for fewer than 24 hours per day. There are three basic types or designations of child or adult care facilities: 1) Family day care home, small (a dwelling unit licensed for the care of six or fewer children or adults) 2) Family day care home, large (a dwelling unit licensed for the care of seven to twelve children or adults) 3) Day care center (a facility licensed for the care of more than twelve children or adults) 3-2 D ty services center. Program which provide a wide variety of counseling, referrals, and other non- medical, non-residential services daily to more than 12 persons. Deck: A platform requiring ground supports which is roofless and not enclosed, and which is commonly used for recreation purposes. Development The division of a lot of land into two or more lots; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and, any use or extension of the use of land. Discount store: A building or group of buildings typically providing regional market base discount sales of retail items. Distribution: A use engaged primarily in delivery of manufactured products, supplies, and equipment, including incidental storage and sales activities. Downtown Parking Assessment District The Downtown Parking Assessment District encompasses an area generally between Lincoln and D, and Second and Fifth, as shown on the following map. I� 1 1,71 •(((yyyAL LAUREL ' y PL. O AVE • i �0 MISSION 1117 MISSION IT AVE 0 FIFTH AVE_ (— I F FIFTH I AVE I IF — U - m I I I FOURTH ST I ST =----� THIRD ST I�HJI IIL—,_ _ II o f e SECOND ST SECOND ST c U - � 7 T= FIRST $T RL]NCEIj$ I, !T Cr 0 w O • I �• LJ 1 FOUR S T I r n • yo ' Ijl j o I THIRD I ST 4"'.' W H > SECOND I ST a U I c - I 2 .J J I Drainaeewav: (1) An open swale in hillside areas which seasonally collects, concentrates and transports stormwater to creeks, wetlands or water bodies such as the bay. (2) Man-made open ditches or channels (typically with low habitat value) which drain developed properties. Driveway: A private roadway providing vehicular access to dwelling(s), structure(s) or parking spaces. Duplex: One structure on a single lot containing two dwelling units, each of which is functionally separate from the other. 3-3 Dwelling unite One of more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of one or more persons maintaining a household. Cooking facilities are an area of a dwelling where there is a sink and a significant cooking appliance, including but not limited to a range oven, microwave oven, or hot plate. Dwelling unit, second: An additional dwelling unit meeting defined standards constructed as a part of, or in limited circumstances separate from, an existing single-family dwelling located on the same lot within a single-family residential district. Egress: An exit. Emergency shelter for the homeless, permanent; A permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year round to homeless persons and/or families on a non-profit basis and which meets the standards for shelters contained in this Title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. rmergensy shelter for the homeless tempos or rotating: A non-profit temporary or emergency housing facility for individuals and families authorized to operate up to six consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided. : See "Live entertainment." Excavation: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged. Family day care. small: See "Day care facility." amily day care, large: See "Day care facility." Fast food restaurant: A facility which specializes in rapidly -prepared foods and beverages, served with dispensable (such as paper or plastic) plates and utensils for on- or off-site consumption. Table service is generally limited to delivery of counter ordered meals and busing. Service to persons in vehicles may be a function of fast food restaurants. Fast food restaurants have high customer volume and high traffic generation plus one or more of the following elements: a ) drive-through service; b) late/early hours of operation (open after 11:00 p.m. or before 6:00 a.m.); c) potential litter problems; d) noise (for example, from drive-through intercoms); e) potential outdoor gathering places. Fence: An artificially constructed barrier of any material or combination of materials serving to enclose or screen areas of land. EW: Earth or any other substance or material, including pilings, placed or deposited by humans. Floor Area Ratio (FAM: The total building square footage (gross Floor area) divided by the land area, as further defined in section 14.16.150 (Floor Area Ratios Applicable to Non -Residential Development). Food service establishment high volume: Food service establishment over 1,000 square feet in size which serve more than 200 lunches daily or equivalent volume at other mealtimes. Fortunetelline: The telling of fortunes, forecasting of future events, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force. Game arcade: Use with five or more coin-operated amusement devices. Garage: A building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Includes public and commercial parking facilities. See also "Carport". Gasoline station: A facility which dispenses automotive fuel to the general public. Grade: The point of elevation as determined by the methods prescribed in the latest edition of the Uniform Building Code adopted by the city. 3-4 Grading: Any cutting or excavation, filling or combination thereof 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, column, 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. Handicapped: A person with a physical or mental impairment which substantially limits one or more of such persons major life activities, a record of having such an impairment, or being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) as defined in Title VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Amendments Act of 1988.") 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. An exception to this standard is made on residential projects located on slopes over 25 percent. 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. High top of creek bank: The side of a creek, the top of which shall be the topographic line roughly parallel to the creek centerline, where the side slopes intersect the plane of the ground traversed by the creek. Where the banks do not distinguishably end, the surrounding country being an extension of the banks, the top of such banks shall be determined by the Planning Director. Home occupation: An accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit, as further defined in section 14.16.220 (Home Occupations). Hospital: A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, including facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees or visitors. Hatel: Any building or portion thereof containing multiple guest rooms designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet, and recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities. Improvemtnt: The construction, alteration, and repair of all buildings, structures, and facilities permanently affixed to real property and appurtenances thereto. Ingress: Access or entry. : Small, free-standing accessory structure used for retail or service uses Landscaolag: An area devoted to or developed and maintained with native or exotic plantings including lawn, ground cover, gardens, trees, shrubs, or other plant materials; as well as entry areas, courtyards and similar with decorative outdoor landscape elements such as pools, fountains, sculpture, seating and paved or decorated surfaces (excluding driveways, parking, loading, storage areas and sidewalks outside of the entry, courtyard or large planted areas). Level of service (LOS): A standard qualitative circulation measure describing traffic operating conditions in terms of speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Six levels of service are defined, from LOS A representing the best operating conditions and LOS F the worst. Linear street frnntagg: A length measured at the front lot line of the block, from one street corner to the next and excluding public sidewalks. Live entertainment Includes the following activities where they occur as part of a commercial use three or more times during a calendar year: a) bands, dance bands, or disc jockeys. 3-5 b) performances (comedy, music, theatrical, dance) by one or more persons, regardless of whether performers are compensated. A single performer, such as a singer or pianist providing background music (without billing or advertisement) at a restaurant or bar is exempt from this definition. Uve/work quarters: An area comprised of one or more rooms that accommodates joint work activity and residential occupancy and which includes residential occupancy and work activity and which includes (1) working space reserved for and regularly used by one or more of the persons residing therein, and (2) cooking, sleeping and sanitary facilities. All living space shall be contiguous with and made an integral part of the working space with direct access between living and working areas. Loadine svaW. An off-street space or berth used for the loading or unloading of commercial vehicles. Lodges: See "Clubs." Lpt: A specific area of land, the boundaries of which have been established according to the legal requirements in effect at the time the lot was created or which has been issued a Certificate of Compliance. Lot. corner. A lot bounded on two or adjacent sides by street lines, providing that the angle of intersection does not exceed 135 degrees. Lot. reverse corner: A corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot. Lot coverage: That portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; recreational and storage structures; and excluding ground level landscaped areas, walkways, uncovered patios, uncovered recreational areas, and uncovered parking and driveway areas. Lot depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. Lot width: Lot area divided by lot depth. Low income: See "Affordable housing". Lot. reverse corner: A corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot. Lounge. cocktail: See "Cocktail lounge". Manufactured home: A single-family detached structure that is manufactured under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes. Mafia: A facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests. Medical office: See "Office, medical". Mixed-use developm nt The development of a lot or building with two or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment uses in a single building or physically integrated group of structures. Mobilehome- A structure, transportable in one or more sections, with or without a permanent foundation, designed to be used as a dwelling unit and connected to the required utilities. A mobilehome does not include a recreational vehicle, motor coach, trailer coach, or travel trailer. Mobilehome lot A plot of land for placement of a single mobilehome within a mobilehome park; a mobilehome pad. Mpbilehome vark: A residential facility with two or more mobilehome lots available for rent, lease, or purchase, and providing services and facilities for the residents. Motel: See "Hotel" Natural state: All portions of lots that remain undeveloped and undisturbed. Grading, excavating, filling and/or the construction roadways, driveways, parking area and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting 3-6 and landscaping which enhances the natural environment are permitted when approved through an Environmental and Design Review Permit. Needed neighborhood -s ry n : For the purposes of bonus trip allocations, needed neighborhood serving uses consist of those needed service uses identified in a neighborhood plan, the General Plan or as determined by resolution of the Planning Commission and/or City Council. Nonconforming structure: A structure or building the size, dimensions or location of which was lawful prior to the adoption of this Title, or any subsequent revision or amendment, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. Nonconforming use: A use or activity which was lawful prior to the adoption of this Title, or any subsequent revision or amendment of this Zoning Ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. Office. general: A use providing administrative, professional or business services. Office. medical: A use providing consultation, diagnosis, therapeutic, preventative, or corrective treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. On-site: Located on the lot that is the subject of an application for development. Open space: Any lot or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open water. Submerged lands lying below 45 NGVD (mean sea level datum) and/or as shown on the San Rafael Zoning Map. Outdoor storage: The keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours. Overhang: The part of a roof or wall which extends beyond the facade of a lower wall. Parcel: See "Lot". Parking access; The area of a parking lot that allows motor vehicles ingress and egress from the street. Parking area Any public or private land area designed and used for parking motor vehicles including, but not limited to, parking lots and garages. Parking facilibu. See "Parking area". Parking to An off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles. Parking space: A space for the parking of a motor vehicle within a public or private parking area. Pedestrian -oriented design: Design qualities and elements that contribute to an active, inviting street level environment making the area a safe and attractive place for pedestrians. Performance standards: A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. Personal service: Provision of recurrently needed service of a personal nature. This classification includes but is not limited to barber and beauty shops, nail/manicure shops, dry cleaners, tailors, and shoe repair shops. P.M. peak hour trio: The number of vehicular traffic movements entering and exiting a site during the highest volume consecutive 60 minutes in the P.M. peak period from 4:00 P.M. to 6:00 P.M. on the local street system. Pool hall: Any use with two or more billiard tables. Private yard are4: Usable outdoor area adjoining an unit and intended for the private enjoyment of the occupants of the unit. Private yard area shall be defined such that its boundaries are evident. Private yard area may include balconies, decks, patios or porches. Project: See "Development". eIWl Public access: Permanent pedestrian, bicycle and/or vehicular access in or adjacent to natural amenities for study or enjoyment. Public imorovemcW: Any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services. Recreation facility: Recreational facilities may include, but are not limited to, community centers, swimming or wading pools, spas, court facilities (such as tennis, basketball, or volleyball), picnic or barbecue areas, and enclosed tot lot facilities with play equipment. Religious institution: A use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a religious institution as defined herein. Includes a seminary, retreat, monastery, conference center of similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility. Hese r h and development facility A use engaged in study, testing, design, analysis, and experimental development of products, processes, or services, including incidental manufacturing of products or provision of service to others. Residential care facility. large: A dwelling unit licensed by the State to serve seven (7) or more clients which provides 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Residential care facility. small: A dwelling unit licensed by the State to serve six (6) or fewer clients which provides 24-hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Retaining wall: A structure constructed to hold back or support an earthen bank. Reverse comer lot See "Lot, reverse comer". Ri lin : A line following the long axis of a ridge, comprised of the points of highest ground elevation at a location identified on the "Ridgeline Map". Riparian: Natural vegetation which is located adjacent to a watercourse or drainageway. Rooming house: See "Boarding house". chool. parochial or private: Any building or group of buildings the use of which meets state requirements of primary, secondary, or higher education and which does not secure the major part of its funding from any governmental agency. School vocational or business trade: A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility. Seasonal outdoor eating area: Any outdoor eating area used in conjunction with a food service establishment which is operated only during the months of March through November. Seasonal outdoor eating areas shall have only temporary, movable perimeter barriers, fixtures and sunshades. Senior houging,: Residential development designed for households occupied by senior citizens. Any age restrictions must be consistent with federal and state requirements. Such development may include central recreation areas and accessory medical facilities. Shopping center. A group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site. Wit: A lot or lots used as a unit for the development of a project which may consist of one or more buildings. Small lot: A legally subdivided lot in a given zone which is smaller in width and/or area than minimum requirements now required in the given zone. 5_oecialty retail: Stores which sell non -convenience goods needed on an infrequent basis. Specialty retail may have a more limited focus in specific zoning districts, consistent with the purposes of each district. 3-8 Specialty retail. bulk: The sale of large, major purchase, non -convenience items. Examples of specialty retail involving bulk retail goods include, but are not limited to, the following: appliance stores; motor vehicle sales, new or used; furniture stores; spa/hot tub sales. Specialty retail. cnnsistent with industrial uses: The retail sales of items which are related, supportive or complimentary to industrial uses. Examples include, but are not limited to, sales of the following: auto parts and supplies; building materials and supplies; motor vehicles, new or used. Specialty retail, consistent with office uses The retail sales of items which are related, supportive or complimentary to office uses. Examples include, but are not limited to, sales of the following: computers; office furniture (sales or rentals); office supply and business machine shops. Specialty retail. region -serving: Those retail uses which have a regional, rather than local or neighborhood market base. These types of uses are generally high tax revenue generators and more than 50,000 square feet in size. Examples include but are not limited to, the following: discount stores, large scale; furniture stores; home improvement stores; motor vehicle sales, new. Structure: Anything constructed or erected that requires a location on the ground, including a building or a swimming pool, but not including a fence or a wall used as a fence if the height does not exceed 6 feet, retaining walls under three feet, and parking lots and access drives or walks. Structure. accessoly See "Accessory structure". Taxi station: Taxi headquarters with administrative and/or dispatch offices and taxi cab parking and storage. Transportation System Management (TSM): The use of incentives and/or disincentives by local employers to assist in reducing the number of single passenger auto commute trips and peak -hour trips by increasing the use of carpools, vanpools, public transit, bicycles, walking and through the use of flex- time. Trio allocation: A proportion of area P.M. peak hour trips assigned to individual lots based on typical peak -hour trip generation in order to maintain or achieve level of service standards, both short term and long term Unused trips: P.M. peak hour trips allocated to a parcel in the General Plan Appendix remaining after a development is approved, constructed and determined by the City Council to fully develop the site. Usable outdoor area: Area open to the sky with a slope less than ten percent. The usable outdoor area shall be a well-defined coherent space that is an integral component of the project design. Usable outdoor area includes private yard areas and common areas suitable for passive and active recreation use. Such areas may be located on the ground, roof, balcony, patio or terrace; and excludes minor decorative landscaping, driveway areas, parking facilities, and utility or service area. Common usable outdoor area shall have a minimum dimension of twelve feet. USABLE OUTDOOR AREA IS : +• COMPRI5ED OF: E i:i:i i i:I:i; +:•+' •iE:i:i;i:i:i:iif (1) COMMON USABLE OPEN AREA ,3?`.`.`,' � i?(ii'`• (2) PRIVATE YARD AREA 1w: or Vehicle. recreational: A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers. Warehousing: The commercial or industrial use of a building or buildings primarily for the storage of goods or materials. 3-9 Water -oriented: Uses which are either water frontage dependent, or which attract people to the waterfront. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (same as U.S. Army Corps of Engineers). (See section 14.13.050(A), Determination of wetland boundaries). Wetland creation: A human activity bringing a wetland into existence at a site in which it did not formerly exist. Wetland restoration: A human activity that returns a former wetland from an altered condition, in which all or virtually all wetland functions and values have been lost, to a condition with full wetland functions and values. Restoration does not mean enhancement of wetlands which, though degraded, nonetheless provide significant biological wetland functions or values. Wholesale: A use engaged primarily in the selling of any type of goods for purpose of resale, including related storage and distribution. Wildlife: Animals, including fish and fowl, and/or plants existing in their natural habitat. Wrecking yard, motor vehicle: Any use of premises for the conduct of a business whereon two or more vehicles not in operating condition are standing and/or on which used motor vehicles, or parts thereof, are dismantled and/or stored. Yacht club: A private social club which may include a club house, private berthing for club members, tie-up visitor docking, on-site parking for automobiles and boat trailers; and which may include dry storage for members' boats. The berthing or storage of boats for commercial purposes, party boats, and rental boats are specifically excluded. Yard. front Open area extending along the full width of a lot between side lot lines and from the front lot line to a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this Title. The front yard should be consistent with the orientation of the other lots and improvements on the same side of the street, and is usually the side where the main building entrance is located and in the general direction in which the main building faces. Yard. rear: Open area extending across the full width of the lot between side lot lines and from the rear lot line to a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this Title. Yazd. side: Open area extending from the front yard to the rear yard between the side lot line and a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this Title. 3-10 Chapter 4 Residential Districts (R, DR, MR, I -IR) Sections: 14.04.010 Specific Purposes 14.04.020 Land Use Regulations (R, DR, MR, HR, PD) 14.04.030 Property Development Standards (R) 14.04.040 Property Development Standards (DR, MR, HR) 14.04.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of the residential zoning districts include the following: A. To provide a wide variety of housing opportunities in terms of housing types, and neighborhoods with varying densities, lot sizes, and development standards. B. To protect and enhance existing residential neighborhoods through retention of existing land development patterns and retention of their varied design character. C. To promote new residential development compatible with environmental site constraints and nearby neighborhood development. D. To provide opportunities for churches, day care facilities, residential care facilities and other uses which are considered to be compatible and desirable land uses within residential neighborhoods. E. To provide outdoor recreational amenities for residents. F. To ensure the provision of public services and facilities needed to accommodate planned residential densities. G. To promote sensitive hillside residential design. The additional purposes of each residential zoning district follow. H. Sinele-familv Residential Districts (115. R7.5. R10. R20. Rla_ R2a) The single-family residential districts provide opportunities for low density, detached single- family residential development. Development densities are based on existing development patterns in the area and environmental site constraints. In hillside areas, development shall conform to the hillside development standards and review procedures established in Chapter 12 (Hillside Development Overlay District). Single-family residential districts include hillside resource residential land use categories with minimum densities of two (2) or more acres for minimum lot sizes; hillside residential and residential estate categories with densities from 20,000 square foot to 2 -acre lot minimums; and low density residential land use categories with densities ranging from 5,000 square foot to 20,000 square foot lot minimums. I. Duolex Residential District (DR) The duplex residential district provides opportunities for single-family and duplex residential development. As a transitional area between single-family and multifamily districts, an intent of the district is to maintain the design character of single-family districts. The duplex residential district is included in the medium density residential land use category with a density of 2,500 square feet per dwelling unit J. Multifamilv Residential Districts: Medium Densitv (MR2. MR2.5. MR3. MR51 The medium density residential districts provide opportunities for a mixture of residential types, including detached single-family residences, duplexes, and multifamily dwellings at medium densities. Desired styles of development within this district include garden apartments and condominiums. Medium density multifamily residential districts are included in the medium density residential land use category with densities ranging from 2,000 square feet to 3,000 square feet per dwelling unit. 4-1 K. Multifamilv Residential Districts: Hieh Densitv (HR1. HR1.5. HR1.8Z The high density residential districts provide opportunities for high density multifamily residential development. High density multifamily residential districts are included in the high density residential land use category with densities ranging from 1,000 square feet to 1,800 square feet per dwelling unit. L. Planned Develooment District (PD) Planned Development Districts on large residential lots promote clustering of residences to avoid sensitive portions of the site. Densities are consistent with the General Plan and typically are low. See Chapter 7 (Planned Development District) for additional information. 4-2 14.04.020 Land Use Regulations (R, DR, MR, HR, PD) R 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 Single-family residential P P P P C Duplex residential P P P C Multifamily residential P P C Animal keeping C C C C C See standards - Chapter 17 Boarding or rooming house C C C Conversion of senior housing to C C C C C non -senior housing Conversion or demolition of C C C C C Condo Conversions: See Sudivision Ord. residential use and/or structure See regulations - Chapter 16 Emergency shelters for the homeless Permanent C See standards - Chapter 17 Temporary or rotating C C C C C See standards - Chapter 17 Home occupations P P P P P See regulations - Chapter 16 Mobilehome parks C C See standards - Chapter 17 Residential care facilities for the handicapped Small (0-6 residents) P P P P C Large (7 or more residents) P P P P C Residential care facilities, other Small (0-6 residents) P P P P C Large (7 or more residents) C C Second dwelling units C C See standards - Chapter 17 Visitor Accommodations Bed and breakfast inns C C C Hotels or motels C C Day Car Day care facility, child or adult Family day care home Small (0-6 children or adults) P P P P P Large (7-12 children) A A A A A See standards - Chapter 17 Large (7-12 adults) C C C C C Day care center (13 or more C' C C C C• • Prohibited in R2a, Rla and PD districts, children or adults) and R20 Hillside Residential lots. Public and Ouasi-Public Use Clubs and lodges, including C C youth groups Open space P P P P P Public parks, playgrounds and P P P P P recreation facilities Religious institutions C• C C C C ' Prohibited in R2a, Rla and PD districts, and R20 Hillside Residential lots Schools Public P• P P P C • Prohibited in R2a, Ria and PD districts, and R20 Hillside Residential lots Parochial, private C• C C C C ' Prohibited in R2a, Rla and PD districts, and R20 Hillside Residential lots Use of closed school sites C" C C C C May include: child care programs, educational, recreational, cultural and religious classes, programs, and activities, administrative offices incidental to educational service uses; churches; 4-3 14.04.020 Land Use Regulations (R, DR, MR, HR, PD) P. Permitted by right; c Conditional Use Permlh A: Administrative Use Permit; Blank Not allowed. Type of Land Use Offices and Related Uses Medical services (medical, dental and health-related services with sale of articles clearly incidental to the services provided) Hospitals Major medical facilities, including extended care facilities (treatment and convalescent) and children's treatment facilities. Commercial Uses Plant nurseries and garden supply Transoortation Facilities Parking lot, public or private Accessory Structures and Uses Accessory structures and uses customarily incidental to a permitted use and contained on the same site. R DR MR HR PD Additional Use Regulations C C C C C C C C P P P P 4-4 counseling groups and those private business uses which would be permitted as home occupations. • Prohibited in 112a, Rla and PD districts, and R20 Hillside Residential lots. See regulations - Chapter 18 P See regulations - Chapter 16 I e� I _ His 9 I Imo. I to Vl N � C v .a C U W o 9 a N o .N ,s w tu 004 o w o" � Cl Z S m N 01 m cu o o c a cJ Oa BE O u o N o � g G p v Q M �p O v O m N n S p N - M c N A w 3! -2°^' G a ro g er a 80° co O Ocn F. G y K Lu ; �i •7 emsN`{ p N N O en a 0 OD a A y u of > aA� �i F r' a vi o N r' ,.. M cb� L 7 _O 0 � A N p, w b A 2 �o iC G VNO C� N !3 A toEn Is d tz Ln CD •� a b dd +� ►. 4 -S O° d O H QN O d .2 ►, d O �paC1p (moi In O C-4 Ln � N>p O ':'' 6! A En cu G -too & - rs .. N.20 -A .0 o w d N p+ v �W §1 M $ N O ; V b F D 0 O 1o �o c. 3 c 0 1E tl o 9b > 'o 4'-k a a o v I v m a>° °cu ° n � > O r+ r°� n to �o b 'Cf G V1 O b 'II Cvi N b •� A ?2 F cD Q 4 �O .Ln-. 0 �N-. V1 QO O c+j p� N F ;O Q Ln In O o Ln in Q! O FF77 � DN L [ x00 O m S A13 tb tnc g O _ 0 C .9 0 b a W rLn 0 O Ln Ln Ln O O S� F •ti F N i4 ZO N N (V $ N F. Ln m tn o .Q b 0 0 S QQ o o in ,n to o c p o�O v Q a o � N eao m n N _ O CO ta ... p .p p �y '.' g S �O '"' o� O� r N N [r1 pS O Q 'O 6yy8�C( i7 A Ln N 1m 7 C N v Q C� K .b c RLI F T L C, Op N G� ° N N o N C,N r+7 `� 'C] C _ �A Q O C N S to EpO q G Q O r. U 4�i '� i.j rl O Z O z Z.. C) N �, 'y A 00 N p ° 1 Q ti g tj n 5 c Ln 0. N o vp, 'b q d _ bo us ] u G Mm 0. a H oaf c ;5 o � � c b � '� a� N o �� a, o v x 'v •a v °' " Y' m u b .5 x a] c 3 Q arl a 4 72 1,2 1 w in cn in o a p Chapter 5 Commercial and Office Districts (GC, NC, O, DCC, C/O, R/O, FBWC) Sections: 14.05.010 Specific Purposes 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, R/O, FBWC) 14.05.030 Property Development Standards (GC, NC, O, DCC, C/O, R/O, FBWC) 14.05.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of the commercial and office districts include the following: A. To promote specialized commercial environments which provide appropriately located areas for retail, service and office development and provide the City with a wide range of neighborhood, local and regional serving uses. B. To promote appropriately located businesses which provide local employment opportunities and/or generate tax revenue for the City. C. To promote commercial and office projects at appropriate building intensities and trip generation characteristics which will maintain acceptable traffic operating standards. D. To promote high quality design in new or remodelled commercial and office development consistent with design guidelines. E. To promote and encourage commercial and office sites and designs which are accessible by a variety of transportation means. F. To promote San Rafael's downtown area as a viable commercial and financial center, and as a center with a mixture of social, cultural, civic and urban residential uses. G. To retain and enhance the Northgate Shopping Center and surrounding retail area as a regional shopping center. The additional purposes of each commercial district follow. H. General Commercial District (G0 The General Commercial District promotes a full range of retail and service uses in major shopping centers and certain areas of the City which have freeway or major street access and visibility. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the General Plan. 1. Neiehborhood Commercial District (NC) The Neighborhood Commercial District provides convenient shopping areas within residential neighborhoods for retail items and personal services which may be needed on a frequent basis for vicinity residents. Examples of convenience goods or services include supermarkets, pharmacies, dry cleaners and personal service establishments. Within this district, a limited amount of office and residential use may be allowed, typically in mixed-use developments. Office uses shall provide a service convenience to local residents. Neighborhood commercial areas are intended to reduce trips to more distant major commercial areas. Neighborhood commercial retail uses are limited in order to ensure compatibility with residential neighborhoods and to concentrate region -serving goods and services in locations outside of neighborhoods and in proximity with one another. Neighborhood commercial development is intended to be compatible with the surrounding residential neighborhood in terms of building height (typically one to two stories), setbacks, and landscaping. J. Office District (0) The Office District provides opportunities for the siting of a variety of administrative, professional, medical and general business offices. This district also provides limited convenience retail and service uses to support office uses and serve local employees. The Office District is intended to provide an attractive, landscaped environment with outdoor amenities such as courtyards, plazas, benches, seating areas, and pedestrian/bicycle paths. FAR, trip 5-1 allocation and design criteria vary throughout the district in response to localized conditions recognized in the General Plan. K. Downtown Core Commercial District IDCQ The Downtown Core Commercial District is intended to promote a vibrant downtown center with regional appeal, offering a mix of uses including small specialty shops, department stores, region -serving stores, personal services, offices, housing and mixed-use development. The Downtown Core Commercial District is intended to be the retail focal point of the Downtown area. Within this district, major department stores, which serve as retail anchors and generate significant tax revenue, shall be encouraged and protected. Within the Downtown Core Commercial District, particularly on street corners, street -level retail uses are preferred over other types of uses in order to promote a continuity of shop fronts and display windows conducive to pedestrian shopping. Restaurants should be dispersed in order to minimize interruptions in the continuity of street -level shop fronts. Prime street corner retail locations shall be reserved for retail uses. Offices, banks, and housing, while important, are secondary uses within the Downtown Core Commercial District. In order to promote robust retail activity, higher development intensities are allowed in the Downtown Core Commercial District, consistent with FAR standards established in the General Plan. Building design is intended to reflect the historic character of the city, and to present cohesive or coordinated design patterns consistent with design policies and criteria established for the area. Pedestrian -oriented streetscapes shall be promoted by maintaining human scale in building design, and maintaining a continuity of retail stores and display windows. Evening activity shall be promoted in the Downtown Core Commercial District by maintaining a mixture of uses including businesses and restaurants with evening hours of operation, residential units, and cultural activities in appropriate locations such as the Rafael Theatre. L. Commercial /Office District (C/O) The Commercial/Office District promotes retail, office, mixed retail/office/residential uses, and cultural facilities which support Downtown's role as an activity center. The Commercial /Office District is different from the Downtown Core Commercial District in that it provides greater opportunity for office and financial uses in first -Floor locations. Except for first -floor street frontages, residential units are promoted to increase Downtown's diversity, provide evening and weekend activity, increase the City's supply of housing units and support Downtown activities and uses. Fourth Street between D and H Streets and the Miracle Mile (Fourth Street west of "H" Street) places greater emphasis on first -floor street frontage retail uses, (with second floor or rear ground floor residential or office) because of its historic retail character. M. Residential/Office District (R/O) The Residential/Office District is a transitional area between the Downtown retail districts (the Downtown Core Commercial District and the Retail/Office District) 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 and Third Street. This district is characterized by lower development intensity than the Downtown Core Commercial District. The Residential/Office District is also intended to be less intense in terms of evening and weekend activity than the Downtown Core Commercial or Retail/Office districts. N. Francisco Boulevard West Commercial District (FBWC) The Francisco Boulevard West Commercial District provides a wide range of specialty retail uses with regional appeal, including sales of automobiles, bulk retail items, building materials and other region -serving goods. The Francisco Boulevard West District is intended to accommodate large scale developments and shopping centers with specialty retail tenants. Assemblage of parcels shall be encouraged in this district in order to promote larger scale development projects. This area is expected to be the focus of major redevelopment in the future. Until redevelopment occurs, it is recognized that there will be many non -conforming uses within the Francisco Boulevard West Commercial District, and it is intended that existing legal non -conforming uses 5-2 Y may remain as viable interim uses. Section 14.16.270 (Nonconforming Structures and Uses) contains general provisions on non -conforming uses which apply in these instances. However, these types of interim uses are not permitted on any additional sites within the Francisco Boulevard West District. 5-3 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed. Additional Type of Land Use GC NC O DCC GO RIO FBWC* Use Regulations *See 14.05.020(A) Spmmercial UM Animal sales and service, excluding exterior kennels, pens or runs Animal care facilities C C C C Animal retail sales P P P P Boat sales C Building materials and supplies Brick, gravel, rock, concrete, lumber P* P* and tile sales Electrical supply stores P* P* Equipment rental businesses P* P* Class and window stores P* P* Hardware stores P* P* P* P* P* Paint stores P* P* P* Plumbing supply stores (and ancilliary P* P* service) Business sales and service Blueprint and photocopy shops P P P P P Computer services P P P P P Locksmith shop P P P P P Office furniture sales and rentals P P P P P Office supply and business machine P P P P P shops Printing shops P P P P C Card Rooms C Food and beverage service establishments Brew pubs C C C Catering establishments P P P Cocktail lounges C C C Fast food restaurants C C C C Food service establishment, high C C C volume Food service establishment (with or without incidental serving of beer or wine), without a cocktail lounge, live entertainment, and/or dancing. (1)1,000 sq. ft. or less in size P P P A* P P (2) More than 1,000 sq. ft. in size P C C A* P C Food service establishment with a C C C C cocktail lounge, live entertainment, and/or dancing. Seasonal outdoor eating areas A* A* A* A* A* A* Food and beverage stores Bakeries, retail (and ancillary food P P P P P P service) Candy stores and confectioneries P P P P Convenience markets C C C C C 5-4 C C * See "Outdoor storage" C C C C C C C C See Chapter 10.36 C C * See Chapt. 17 standards C * See Chapt.17 standards C A* * See Chapt.17 standards 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed Additional Type of Land Use GC NC O DCC C/O R/O FBWC• Use Regulations 'See 14.05.020(A) Grocery stores and supermarkets P• P• C P• C C • Operating after 11 P.M. Liquor stores requires a Use Permit (1) Less than 200 ft from Res. District C C C C C C (2) More than 200 ft from Res District P P P P C C Fortunetelling A A• A See Chapt. 17 standards • Rear ground level or 2nd floor or above. Funeral and internment services C C C (including crematories, mortuaries) Kiosks C C C C C C Motor vehicle sales and service (including automobiles, motorcycles trailers, trucks and recrecreational vehicles) Auto detailing C Coin -op washing C C C C Gasoline stations (including minor C C C C C C See Chapt. 16 regs. For repair, such as tune-ups, brakes, repair, see Chapt 17 batteries, tires, and mufflers) standards. Rentals C P C C Repairs, major (engine work, painting, C See Chapt. 17 standards and body work) Repairs, minor (tune-ups, brakes, C C C C C See Chapt. 17 standards batteries, tires, mufflers and upholstery) Sales, new or used vehicles C C C Sales, parts and supplies P P P C Sales, tires and ancillary service C C C Music rehearsal/recording studios C Outdoor storage C C C C C Personal service establishments Artistic and photographic studios, P P P P without sale of equipment or supplies. Barber shops/beauty salons P P P' P P P `If locating within a Dry cleaning establishments, with no P P P' P P P space with prior office on-site processing use, a use permit is Dry cleaning establishments, with C C C C C C required to review on-site processing traffic intensification. Laundromats (self-service) P P C P P Nail salons P P P• P P P Seamstress/tailor P P P. P P P Shoe repair P P P• P P P Travel agencies P P P• P P P Recreation facilities (indoors) Bowling alleys C C C Game arcades C C C See Chapt. 17 standards Health clubs/gyms C C C C C C Pool halls/billiards C C C C 5-5 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed 5-6 Additional Type of Land Use GC NC O DCC C/O R/O FBWC• Use Regulations *See 14.05.020(A) Theatres C C C C C Retail Antique stores P P P C Apparel stores P P P C Appliance stores (and ancillary repair) P P P C Art, craft, music and photographic P P P P C supply stores Bicycle shops P P P P C Book, gift, stationery stores P P P P C Department stores P P P C Discount stores P P P C Drug stores and pharmacies P P P P C C Electronics sales (televisions, radios, P P P C computers, etc.) *If locating within a Florist shops P P P• P P P space with prior office Furniture stores and upholstery shops P P P C use, a Use Permit is (and ancillary repair) required to review Jewelry stores P P P traffic intensification. Plant nurseries & garden supply P• P• P• C • See "Outdoor storage" Second hand stores and pawn shops C C C See Chapter 10.20 Shoe stores P P P C Shopping centers C C C C C Sporting goods stores P P P C Stamp and coin shops P P P Swimming pool supplies P P Toy stores P P P P C Variety stores P P P C Video sales and rentals P P P P Offices and Related UM Financial services and institutions Banks P P P A' P P *See Chapt.17 standards Check -cashing offices P P A• P P Foreign currency exchange and/or P P A• P P delivery services Savings and loan institutions P P P A• P P Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) Clinics C C C C' C•• C • Rear ground level Hospitals C or 2nd floor or above Major medical facilities, including C C **4th Street west of extended care facilities (treatment D Street Rear ground and convalescent) and children's level or 2nd floor or above treatment facilities Laboratories C C C C' C•• C 5-6 14.05.020 Land Use Regulations (CC, NC, O, DCC, C/O, FBWC) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed. Residential and Visitor Accomodation Uses Single-family residential Duplex residential Multifamily residential Animal keeping Caretaker's residence Conversion or demolition of residential units Emergency shelters for the homeless Permanent Temporary or rotating C Additional Type of Land Use CC NC O DCC C/O R/O FBWC• Use Regulations C A• A• P C 'See 14.05.020(A) Medical offices C C P A•••/ P•• P • Rear ground level C C C C C P• or 2nd floor or above Offices, General '*4th Street west of Administrative offices C r P A•••/ P•• P D Street Rear ground P• level or 2nd floor or above Business offices C P• P A•••/ P•• P •••1st Floor: See P' Chapt. 17 standards Professional offices C P• P A•••/ P•• P P• Public and Quasi -Public Uses Clubs and lodges, including youth groups C C C C Public facilities Administrative offices C P P• P P • Rear ground level Day services center C C C C C C or 2nd floor or above Libraries, museums, and other cultural C C C C C C facilities Public and utility facilities (corpora- C tion, maintenance or storage yards, utility distribution facilities, etc.) 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 recreation facilities Religious institutions C C C C C C Schools Parochial, private C C C• C aRear ground level Ii :)r 2nd floor or above Public P P P P P P Business trade, performing arts, C C C• C C "Rear ground level vocational or 2nd floor or abo, v Residential and Visitor Accomodation Uses Single-family residential Duplex residential Multifamily residential Animal keeping Caretaker's residence Conversion or demolition of residential units Emergency shelters for the homeless Permanent Temporary or rotating C C C C C C C C C 5-7 "See Chapt.17 standards **Rear ground level or 2nd floor or above See Chapt. 17 standards C C See Chapt. 16 regulations. Condo conversions - see Subdivision Ordinance See Chapt. 17 standards C See Chapt. 17 standards C P C P C A• A• P C C C C C C C C C C C C C C C C C C C C C C C C C 5-7 "See Chapt.17 standards **Rear ground level or 2nd floor or above See Chapt. 17 standards C C See Chapt. 16 regulations. Condo conversions - see Subdivision Ordinance See Chapt. 17 standards C See Chapt. 17 standards 14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed. 5-8 Additional Type of Land Use GC NC O DCC CIO R/O FBWC• Use Regulations 'See 14.05.020(A) Home occupations P P P P P P See Chapt.16 regulations Livelwork quarters A A A A See Chapt.17 standards Mobilehome park C Residential care facilities for the handicapped Small (0-6 residents) P P P P P Large (7 or more residents) P P P P P Residential care facilities, other Small (0-6 residents) P P P P Large (7 or more residents) C C C C Rooming or boarding houses I C A A A See Chapt.17 standards Day Care Day care facility, child or adult Family day care Small (0-6 children or adults) P P P P Large (7-12 children) A A A A See Chapt.17 standards Large (7-12 adults) C C C C Day care center (13 or more children or C C C C C C C adults) Visitor Accommodations Hotels, motels, or bed and breakfast C C C C C Inns C C C C C Tran oortation Facilitieg Bus stations C C C "Park and ride" facilities C C C C Parking facilities, commercial or I C C C C C C municipal Taxi stations I C C C Transit stations or transitways C C C Temporia Uses Temporary uses A I A A A A C A See Chapt.17 standards Accessory Structures and Uses Accessory structures and uses P P P P P P P See Chapt. 16 regulations customarily incidental to a permitted use and contained on the same site. 5-8 A. Francisco Boulevard West Commercial District (FBWC): Land Use Reeulations for New Develooment and/or Redevelooment 1. New development and redevelopment within the Francisco Boulevard West Commercial District shall be subject to initial use permit review by the Planning Commission. Master use permits shall be required for multi -tenant shopping center developments, specifying the types of uses which may go into the center, approving an initial roster of tenants, and identifying procedures for subsequent review and approval of future tenants when changes in occupancy occur. 2. Prerequisites for initiating the use permit review process are as follows: a . The proposed use is listed on the Commercial Matrix as requiring a Conditional use permit and meets the review criteria sl mcified in (3) below. b. In the event the proposed use is not listed on the Commercial Matrix as requiring a conditional use permit, but the proposed use meets the review criteria specified below, application for determination may be made to the Planning Commission. The Planning Commission shall determine whether the proposed use is consistent with the specified review criteria for the Francisco Boulevard West Commercial District. 3. Review criteria for evaluating proposed uses in new development and redevelopment projects in the Francisco Boulevard West Commercial District are listed below. In order to initiate the use permit process as indicated in either case (2) (a) or (b) above, the proposed project must meet one or more of the following criteria: a. Generates high tax revenue; b. Constitutes a large-scale business; c. Constitutes a multi -tenant center with shops which provide related services or types of goods; and/or d. Has a regional market base. 5-9 d ° � N m G � O v C7 ❑ ° E a Cp ^ O k G be'- 3 .d •y c O. '° CD CL CL 10 nl� O T v_ $ P4 a o W) o ° O rq €_p m e .S •c o �. a 3 m U p 4 z z z a c u a WE a ° C ° N z ip no •C 6p Q ° 'd w ° a F m ° z ° g z 0u-k c3 D o N M z Q Q •v ° B o C7 �o ' a T � c � b � ° E � oe � -g g •a Cl v o C�� p �p;+ p4 p4 o fz i d r� 3 c, r 5u r Ic Ic ° G z S °4 ° G z z �• YA 3 y0. 0 J e ppGG pG pa4 paG s" a 8 Z > q x eo E v P A. 16 r ocj o. F n g 2 S w •Ci d w m 9 m >" ; W o° e° a o f v c o m AF: 05CL o��E IIm'AIIm i E�� o E a E in °o a E xyeh c '•C 0 ui 10 a E 44 m o Z o ° x Ln .� •� � �� w in cn P�G � R���. Chapter 6 Industrial Districts (I, LI/O, CCl/O) Sections: 14.06.010 Specific Purposes 14.06.020 Land Use Regulations (I, LI/O, CCI/O) 14.06.030 Property Development Standards (I, LINO, CCI/O) 14.06.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of the industrial districts include the following: A. To provide appropriately located areas for a range of light and heavy industrial uses, including the building trades and automotive service industries which serve area residents and businesses. B. To preserve and expand the contribution of industrial, building trades and auto service uses to the overall economic base and employment opportunities of the City. C. To provide a suitable environment for industrial uses and minimize potential land use conflicts by limiting non -industrial uses within the industrial districts. D. To minimize the impacts of industrial uses on adjacent non -industrial districts. E. To upgrade appearance and parking conditions to a reasonable extent while maintaining the vitality of the industrial districts. F. To promote industrial development at appropriate building intensities and trip generation characteristics which will maintain acceptable traffic operating standards. The additional purposes of each industrial district follow. G. Industrial District (f) The Industrial District provides opportunities for a full range of heavy and light industrial uses, including the building trades and automotive service industry. The Industrial District protects general industrial uses from disruption and competition for space from unrelated retail, commercial and office uses that could be more appropriately located elsewhere in the city. However, ancillary office, small office, and certain retail and service uses are allowed for the convenience of arca businesses and employees. H. Lieht Industrial /Office District (LIQ The Light Industrial/Office District provides landscaped settings for light industrial uses, research and development facilities, warehousing, wholesale distributing and office uses. Incidental employee -serving retail and service uses are encouraged. Specialty retail uses consistent with light industrial or office uses, region -serving specialty retail, and retail uses supportive of and related to industrial uses may be permitted provided the proposed use is consistent with floor area ratio (FAR) and trip allocation standards. FAR requirements, trip allocation standards and design criteria vary throughout the district in response to specialized conditions recognized in the General Plan. I. Core Canal Industrial /Office District (CCM The Core Canal Industrial/Office District provides sites for light industrial, automotive service, and small-scale office uses. Specialty retail uses consistent with industrial uses may be allowed provided the proposed use complies with FAR requirements and trip allocation standards. Because this area suffers from severe parking congestion, and typically has small lot sizes and narrow street widths, high trip -generating uses such as general retail, personal service or food service establishments are restricted in this district. These types of uses are more appropriately located in nearby commercial districts. Within the Core Canal Industrial/ Office District, new development and building remodels shall achieve upgraded design and reduce any adverse circulation and parking impacts. Fringe sites and buildings shall also provide an appropriate transition to adjacent residential and commercial districts. 6-1 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 I LI/0 CCl/0 Additional Use Regulations Industrial Uses Boat building and repair C Industry, general Asphalt mix plants C Assembly plants P P P Biotechnology firms C C C Cabinet shops P* P* P* * Permitted by right unless within Candle making shop P* P* P* 100 feet of a residential district, Ceramic shop P P* P* in which case it is "C", subject to Chemical manufacture or processing C a use permit. Clothing manufacturing P P P Concrete mix plants C Contractor's yards (screened) P C C Dry cleaning plants P P P Electronics industry C C C Food manufacture or processing P* P* P* Fuel yards C Furniture manufacturing P* P* P* Furniture refinishing or repair P* P* P* Laboratories C C C Machine shops P* P* Metal fabrication, forging, or welding C C C shops Packaging plants P* P* P* Pharmaceutical manufacturing C C C Planing mills C Printing shops P P P Research and development facilities C Rock, sand or gravel plants (crushing, C screening and stockpiling) Mini -storage P P P Moving companies P C C Storage, warehousing and distribution P P P See "Outdoor Storage" Trucking yards and terminals C Waste Management Hazardous waste transfer, storage, C See Hazardous Waste Management treatment and recycling Plan standards Resource recovery and recycling C Solid waste management (collection, C disposal) Transfer stations C Wholesale and distribution P P P Offices and Related Um Financial services and institutions Banks P* * If locating within a space with Check -cashing offices P* prior industrial use, a use permit Foreign currency exchange and/or P" is required to review traffic delivery services intensification 6-2 s 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 I LI/O CCl/O Additional Use Regulations Savings and loan institutions P* " If locating within a space with Medical services (medical, dental and prior industrial use, a use permit health-related services, with sale of is required to review traffic articles clearly incidental to the intensification services provided) Clinics C C Laboratories C C C Offices, medical C* C C • 5,000 sq. ft. or less Offices, general C" C C "5,000 sq. ft. or less Commercial Uses Animal care facilities (with or without C C C exterior kennels, pens or runs) Building materials and supplies Brick, gravel, rock, concrete, lumber, tile P*/'" P*/*• P"/*• "See "Outdoor storage" sales Electrical supply stores I"'/•' P"/" P*/" '* if locating within a space with Equipment rental businesses P*/•* P'/*• P•/•* prior industrial use, a use permit Class and window stores P"/*" P*/** P*/** is required to review traffic Hardware stores P•/'• P*/•* P*/•* intensification Paint stores P•/** P•/"• P*/** Plumbing supply stores (and ancillary P*/•* P'/*• P•/•' service) Business sales and service Blueprint and photocopy shops P"• P'" P'• Locksmith shop P P P Printing shops P P P Card Rooms C See Chapt.10.36 Food and beverage service establishments Brew pubs C C C Cocktail lounges C Fast food restaurants C C Food service establishment, high C C volume 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 C C C (2) More than 1,000 sq. ft. in size C Food service establishment, with a C cocktail lounge, live entertainment and/or dancing Seasonal outdoor eating areas A A A See Chapt. 17 standards Food and beverage stores Bakeries (with ancillary food service 1,000 sq. ft. or less in size) (1) Retail P (2) Wholesale P P P E-3 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 I LINO CCl/O Additional Use Regulations Maintenance and repair services Appliance repair Building maintenance services Furniture upholstery General Contractors Motor vehicle sales and service including automobiles, motorcycles, trailers, trucks, and recreational vehicles) Auto detailing Coin -op washing Gasoline stations (including minor repair such as tune-ups, brakes, batteries, tires, and mufflers) Rentals Repairs, major (engine work, painting, body work) Repairs, minor (tune-ups, brakes, batteries, tires, mufflers, upholstery) Sales, new or used vehicles Sales, parts and supplies Towing businesses Wrecking yards Music rehearsal/recording studios Outdoor storage Personal service establishements Artistic and photographic studios, without sale of equipment or supplies Barber shops/beauty salons Dry cleaning establishments with or without on-site processing facilities Retail Drug stores and pharmacies Florist Specialty retail, region -serving Public and Quasi -Public Uses Clubs and lodges, including youth groups Public facilities Administrative offices Day Services Center Job Center Public and utility facilities (corporation, maintenance or storage yards, utility distribution facilities, etc.) Public facilities, other (police, fire, paramedics, post office, etc.) Public parks, playgrounds, and recreation facilities P' P• P• • See "Outdoor Storage" P• P• P• P" P" P• P' P• P• P C C C C C C C C See Chapt.16 regulations. For repair, see Chapt.17 standards P P P A A A See Chapt.17 standards A A A See Chapt.17 standards C C C P' P• P• ' If locating within a space with C C prior industrial use, a use permit C is required to review traffic P C C intensification C C C P P P P P C C C C C C' P P '5,000 sq. ft. or less C C C C C C C C C P P P C 6-4 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 I LI/O CCl/O Additional Use Regulations Religious institutions Schools Parochial, private Public Business trade, performing arts, vocational r Caretaker's residence Day care centers Emergency shelters for the homeless Permanent Rotating or temporary Hotels or motels Transportation Facilities Bus stations Heliport "Park and ride" facilities Parking facilities, commercial or public Taxi stations Transit stations or transitways Temoorary UsU Temporary uses Accessory Structures and Uses Accessory structures and uses customarily incidental to a permitted use and contained on the same site C C C P C C C C C C C C C C C C See Chapt. 17 standards C C C See Chapt. 17 standards C C C C C C C C C C C C C C C C C C A A A See Chapt. 17 standards P P 6-5 P See Chapt. 16 regulations 14.06.030 Property Development Standards (I, LINO, CCl/O) NR: Not required, unless otherwise noted in "Additional Standards." (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be 10 feet. (B) Exceptions may be granted for a height above 36, subject to the provisions of Chapter 24 (Exceptions). (C) Buildings existing or approved as of January 1, 1987 which are more than three stories in height shall not be considered nonconforming, and are listed in Section 14.16.040 (Buildings Over Three Stories). (D) In the LI/O and CCI/O Districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; and, in the I District, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Lindaro Avenue, Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160 (Parking Lot Screening and Landscaping). (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam Avenue, Lindaro Street, and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 24 (Exceptions). (I) In the LI/O District, a minimum 20 feet of the front setback must be landscaped. NOTE: See Chanter 16 (Site and Use Reeulations) for additional reeulations nertainine to floor area ratio. trio allocations. and site development standards. 6-6 I LINO CC110 Additional Standards Minimum Lot Area (sq. ft.) 6,000 6,000 6,000 (A) Minimum Lot Width (ft.) 60 60 60 (A) Minimum Yards: Front (ft.) NR 20 NR (A Side (ft.) NR 10 or 20/0 NR (A) Rear (ft.) NR 10 NR (A) Maximum Height of Structure (ft.) 36 36 36 (B), (C) Maximum Lot Coverage NR NR NR Minimum Landscaping 10% 20% 10% (D), (E), (F), (G), (H), (I) (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be 10 feet. (B) Exceptions may be granted for a height above 36, subject to the provisions of Chapter 24 (Exceptions). (C) Buildings existing or approved as of January 1, 1987 which are more than three stories in height shall not be considered nonconforming, and are listed in Section 14.16.040 (Buildings Over Three Stories). (D) In the LI/O and CCI/O Districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; and, in the I District, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Lindaro Avenue, Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160 (Parking Lot Screening and Landscaping). (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam Avenue, Lindaro Street, and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 24 (Exceptions). (I) In the LI/O District, a minimum 20 feet of the front setback must be landscaped. NOTE: See Chanter 16 (Site and Use Reeulations) for additional reeulations nertainine to floor area ratio. trio allocations. and site development standards. 6-6 Chapter 7 Planned Development District (PD) Sections: 14.07.010 Specific Purposes 14.07.020 Land Use Regulations 14.07.030 Property Development Regulations 14.07.040 Authority 14.07.050 Application 14.07.060 Required Plans and Materials 14.07.070 Initial Consultation; Concept Plan Review 14.07.080 Public Notice and Hearing 14.07.090 Findings 14.07.100 Content of PD Zoning Approvals 14.07.110 Notice of Decision 14.07.120 Effect of Failure to Give Notice 14.07.130 Effective Date; Status of Development Plan 14.07.140 Zoning Map Designation 14.07.150 Amendments to PD Zoning and Development Plans; New Application 14.07.160 Revocation 14.07.170 New Applications Following Denial or Revocation 14.07.010 Specific Purposes The specific purposes of the Planned Development (PD) District are to: A. Promote and encourage cluster development on large sites to avoid sensitive areas of property. B. Encourage innovative design on large sites by allowing Flexibility in property development standards. C. Encourage the establishment of open areas in land development. D. Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods. E. Establish a procedure for the development of large lots of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots. F. Accommodate various types of large-scale, complex, mixed-use, phased developments. G. Enable affected governmental bodies to receive information and provide an integrated response to both the immediate and long-range impacts of such proposed developments. 14.07.020 Land Use Regulations No use other than an existing use shall be permitted in a PD district except in accord with a valid Development Plan. Any permitted or conditional use authorized by this Title may be included in an approved Development Plan, consistent with the General Plan land use designation(s) and intensities for land within the PD district. The PD zoning approval shall establish the range of allowable land uses for the development. A master use permit or individual use permits may be required to establish specific uses on the property consistent with General Plan land uses, trip allocations and parking standards. A master use permit shall be required for non-residential, phased, and/or multi -tenant development. A Development Plan is not required for existing school sites located in the PD District. A use permit shall be required for any non-public school uses of the site, or for reuse of any existing school facilities, per Section 14.09.020, Land Use Regulations (P/QP). A Development Plan shall be required when such property redevelops. 14.07.030 Property Development Regulations Minimum Area. The minimum net area of a PD district shall be 2S acres, provided that a PD district may be subdivided in accord with a valid PD Plan; exceptions to this provision are lots 7-1 over 0.5 acres in size where developed to provide affordable housing, and hillside residential lots over one acre in size where unusual site characteristics exist. B. Residential Unit Densitv. The total number of dwelling units in a PD Plan shall not exceed the maximum number permitted by the General Plan density for the total site area. Density bonuses for senior housing development and affordable housing development may be considered consistent with General Plan policies and State law. C. Non -Residential Intensitv. Non-residential development shall not exceed Floor Area Ratios as specified in the General Plan, except in the Downtown where a one-time ten percent bonus may apply for business expansion, consistent with General Plan policy. D. Buildine Heieht Limits. Building heights shall be consistent with height standards contained in the General Plan. E. Trio_ Allocations. In traffic -sensitive areas of the City (see Section 14.16.160, "Specific Areas for Floor Area Ratio Limits and Trip Allocations" Map), proposed development shall be limited by trips allocated to the subject property, as per the General Plan. See Section 14.16.320 (Trip Allocations) and Chapter 26 (Trip Permits) for additional information. F. Other Development Ree_ulations. Other development regulations shall be as prescribed by the Development Plan. 14.07.040 Authority The Planning Commission shall recommend approval, conditional approval or denial of applications to reclassify property to the PD district and/or applications for Development Plans to the City Council. The City Council shall have the authority to approve, conditionally approve or deny rezonings and/or Development Plan applications. 14.07.050 Application An application to reclassify property to PD shall be initiated by a property owner or authorized agent, the Planning Commission or the City Council. If the property is not under single ownership, all owners shall join in an application initiated by property owners, and a map showing the extent of ownerships shall be submitted with application materials. Applications to rezone property to PD shall be filed and processed in accordance with Chapter 27 (Amendments). If property is already zoned PD, an approved Development Pian is required to develop the property. Applications for Development Plans shall be initiated by submitting the following information to the Planning Department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the Planning Director. Standard information required for a Development Plan application is listed below in Section 14.07.060. Application procedures and processing timeframes shall be in accordance with State law and procedural guidelines established by the Planning Director. 14.07.060 Required Plans and Materials In addition to the plans and materials required to accompany an application for a zoning map amendment as per Chapter 27 (Amendments), an application for rezoning to a PD district shall include a Development Plan incorporating the information described below: A. A map showing proposed district boundaries and the relationship of the. district to uses and structures within a 300 -foot radius of the district boundaries. B. A map or aerial photo of the proposed district and 300 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; the type, location, and condition of mature trees and other natural vegetation; and the location of existing development. C. The proposed pattern of land use, with acreage, residential density or commercial intensity calculations. This shall include the total square footage of each type of non-residential use proposed in order to assess parking and traffic impacts. D. A site plan showing proposed street and lot patterns, and the location of all proposed buildings, structures, and other general site improvements. E. A description of proposed setbacks, yard areas and height limits. 7-2 F. A plan showing location, grades, and widths of all streets; location and size of all utilities; drainage structures; parking areas; walkways; and other improvements. G. Parking plan showing proposed parking layout and provisions for bicycle parking/storage. H. A topographical map with average site slopes, or slopes of proposed lots, if applicable, and slopes of proposed streets. I. Geotechnical data (Preliminary Geologic Report, Geotechnical Investigation Report, and/or Hazardous Waste Investigation Report, as per General Plan Appendices, "Geotechnical Review Matrix). J. Traffic study. K. Description of all open space and/or undeveloped areas and a statement indicating their intended disposition (i.e., deeded to property owners, dedicated to City, etc.). L. Proposed subdivision map if property is proposed to be divided. M. An enumeration of deviations between typical Zoning Ordinance standards for such uses and the proposed plan. N. Phasing plan, if any. O. Other information as may be prescribed by the Planning Director, depending on the type, location and potential impacts of the proposed development. An application for Development Plan may be accompanied by an application for Environmental and Design Review. If the Development Plan application is not accompanied by the Environmental and Design Review application, the following preliminary design review information shall also be submitted as part of the Development Plan application: P. Preliminary architectural elevations of all proposed buildings and structures. Q. Conceptual landscape plans. R. Preliminary grading plan. S. Site photographs showing site and adjacent properties. T. Other information as may be prescribed by the Planning Director. 14.07.070 Initial Consultation; Concept Plan Review Applicants may request an initial consultation with the Planning Director (or the Planning Director's designated appointee) and/or a preliminary review by the Design Review Board to review proposed development at the conceptual plan stage. See Section 1425.030 (Application). 14.07.080 Public Notice and Hearing A. The Planning Commission and City Council shall hold public hearings to consider applications to rezone property to the PD district and/or a Development Plan application. B. Notice of public hearings shall be given consistent with Chapter 27 (Amendments). 14.07.090 Findings A recommendation by the Planning Commission to the City Council or a decision by the City Council to reclassify property to the PD district and/or to approve a Development Plan shall be based on the following set of required findings: A. The Development Plan is consistent with the General Plan, adopted neighborhood plans and other applicable City plans or policies; B. Any residential development shall constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood, and where applicable, adequate open space shall be provided; 7-3 1 C. Any non-residential uses shall be appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create a non-residential environment of sustained desirability and stability, and where applicable, adequate open space shall be provided; D. The applicant demonstrates that public facilities are provided to serve the anticipated population, E. The development is improved by deviations from typical Zoning Ordinance property development and parking standards; and, F. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development. 14.07.100 Contents of PD Zoning Approvals PD zoning approvals shall include a text summary of the approved Development Plan, including the range of allowable land uses, residential density, number and type(s) of residential units, commercial/industrial intensity, building square footage devoted to each type of non-residential land use, site development standards including setbacks, building envelopes, lot coverage and height limits, parking, open space areas, outdoor amenities and any other critical components of development approval. A master use permit or individual use permit(s) may be required as per Section 14.07.020 to establish specific use approvals and to evaluate compliance with trip allocations and parking standards. 14.07.110 Notice of Decision The Planning Commission or City Council shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant(s). 14.07.120 Effect of Failure to Give Notice No action, inaction or recommendation regarding any development by the Planning Commission or City Council shall be held void or invalid or be set aside by any Court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this Section, unless the Court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown. 14.07.130 Effective Date; Status of Development Plan PD zone designations without Development Plans are effective upon adoption of this Zoning Ordinance. Development Plans for these PD districts, and any other PD districts with Development Plans shall be effective on the same date as the ordinance for which they were or are approved. PD ordinances shall expire only upon rezoning to another zoning district. If no action has been taken on an approved Development Plan within five years of its approval (or other timeframes specified by the approval) the City may initiate rezoning of the property. 14.07.140 Zoning Map Designation A Planned Development district shall be noted by the designation "PD". PD districts with approved Development Plans shall be noted by the designation "PD", followed by the ordinance number approving the Development Plan. 14.07.150 Amendments to PD Zoning and Development Plans; New Application Requests for changes in the contents of approval of a PD zoning and Development Plan shall be treated as a Zoning Amendment (rezoning). Rezonings shall be heard and decided by the City Council. The procedures for filing and processing a rezoning shall be the same as those established for an initial PD zoning and Development Plan application. 7-4 14.07.160 Revocation Any violation of a condition of approval of a Development Plan or a provision of this ordinance shall be grounds for permit revocation, as provided in Chapter 29 (Enforcement). 14.07.170 New Applications Following Denial or Revocation If an application for a Development Plan is denied or revoked, no new application for the same, or substantially the same, Development Plan shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice. V�7 Chapter 8 Marine -Related Districts (M, MC) Sections: 14.08.010 Specific Purposes 14.08.020 Land Use Regulations (M, MC) 14.08.030 Property Development Standards (M, MC) 14.08.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of the Marine District (M) include the following: A. To promote the Canal as a navigable waterway and viable boating/maritime district. H. To preserve limited canal -front sites for water frontage dependent uses in order to maintain the Canal as a viable maritime/boating district. C. To provide site opportunities for marine -related businesses which may benefit from proximity to water frontage dependent businesses and contribute to the maritime character of the district. D. To provide site opportunities for canal -front parks and marine -related recreation. E. To protect the marine districts from the encroachment of new residential uses and other uses which are not marine -related which may locate elsewhere in the City. F. To promote building design sensitive to waterfront locations. G. To promote public access along the waterfront. In addition to the general purposes listed in Section 14.01.030, and the Marine District purposes listed above, the purposes of the Marine Commercial District NO include the following: H. To allow site opportunities for shopping centers, hotels and restaurants which promote public access to the Canal. 8-1 .R. 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 Additional Use Regulations Marine Uses Boat building and repair C C Boat sales and rentals P P Charter boat businesses P P Clubs -and lodges, including youth groups, C C with a marine focus or purpose (boating, fishing, study of marine biology, etc) Contractor's shops related to marine C C activities, including welding, small machinery repair, and marine engine repair Equipment rentals related to boating, fishing P P etc. Fish and bait sales, retail Indoors P P Outdoors C C Fishing enterprises, commercial and/or C C recreational, including support facilities (hoist, ice plant, storage, packing and sales area and related offices) Fishing supply stores, including bait and P P stores Fuel yards strictly for boats C C Marinas, including boat slips, offices (sales, C C management, etc), harbor, clubhouse, marine -related retail and support services, (restrooms, showers, laundry, caretaker's residence, pump -outs, etc.) Marine electronics: sales, manufacturing, C C assembly, testing or repairs (including electrical, electro -mechanical or electronic equipment or systems related to harbor or marine activities) Marine industry sales, including boat P P machinery, parts and incidental hardware Marine supply stores P P Marine testing laboratories, research C C and development facilities Museum, marine -related C C Offices, business support for P P marine industry including security Parks with marine recreational features or P P concessions Schools, sailing, boating, etc. P P Storage, boat (wet or dry) P P Warehousing, strictly for storage of boats, C C boat trailers and fishing gear Yacht clubs C C 8-2 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 Additional Use Regulations Commercial Food and beverage service establishments Cocktail lounges C Food service establishments (with or without incidental serving of beer or wine) and without a cocktail lounge, live entertainment and/or dancing (1) 1,000 sq. ft. or less in size C (2) More than 1,000 sq. ft. in size C Food service establishments with a C cocktail lounge, live entertainment and/or dancing Seasonal outdoor eating areas A See Chapt.17 standards Shopping centers (all uses listed as I C permitted or subject to use permit approval in General Commercial District are permitted in shopping centers) Public and Ouasi-Public Uses Public utility facilities I C C jgsidential and Visitor &cnmodation Usti Caretaker's residence C C Hotels or motels C Transportation Facilities "Park and ride" facilities I C C Parking facilities, public I C C Temoorary UM I Temporary Uses I A A See Chapt.17 standards Accessory Uses and Structures Accessory uses and structures customarily P P See Chapt.16 regulations incidental to a permitted use and contained on the same site 8-3 14.08.030 Property Development Standards (M, MC) NR: Not required unless otherwise noted in "Additional Standards". M MC Additional. Standards Minimum Lot Area (sq. ft.) 6,000 6,000 Minimum Lot Width (ft.) 60 60 Minimum Yards: Front (ft.) NR NR (A) Side (ft.) NR NR (A) Rear (ft.) NR NR (A) Maximum Height of Structure (ft.) 36 36 (B), (C), (D) Minimum Landscaping 10% 10% (E) (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be 10 feet. (B) Exceptions may be granted for a height above 36 feet, subject to the provisions of Chapter 24 (Exceptions). Lower height may be required consistent with the Canalfront Review Overlay District (Chapter 15). (C) Buildings existing or approved as of January 1, 1987 which are more than three stories in height shall not be considered nonconforming, and are listed in Section 14.16.040 (Buildings Over Three (Stories). (D) Hotels have a four story height limit. A five story height may be approved as part of an Environmental and Design Review permit by the Planning Commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this Title. (E) For parking lot landscaping, see Section 14.18.160 (Parking Lot Screening and Landscaping). NOTE: See Chaoter 16 (Site and Use Reeulations) for additional ree_ulations n_ ertainine to Floor ratio. trio allocations, and site development standards. 8-4 Chapter 9 Public/Quasi-Public District (P/QP) Sections: 14.09.010 Specific Purposes 14.09.020 land Use Regulations (P/QP) 14.09.030 Property Development Standards (P/QP) 14.09.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of the Public/Quasi-Public District include the following: A. To provide sites for governmental, educational, public safety, public utility and public transportation facilities. B. To provide site opportunities for recreation and non-profit community service facilities. 9-1 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 P/QP Additional Use Regulations Public/Quasi-Public Uses Public facilities Administrative offices (city and county, P special district, public utility, etc.) Libraries, museums, and other cultural facilities P Public and utility facilities (corporation, C maintenance or storage yards, pump stations, utility substations, storm drainage ponds, water tanks, utility distribution facilities, etc.) Safety facilities (police, fire or paramedics) P Sewage or water treatment facilities, P including wastewater ponds and irrigation areas Quasi -public service uses, including clubs C and other service organizations, which pursue or provide programs such as day care, religious, or similar use Schools Parochial, private C Public P Business, performing arts, vocational C Use of school sites for other uses C• " May include: child care programs; educational, recreational, cultural and _Commercial Uses religious classes, programs and Funeral and internment services activities, administrative offices Cemeteries, mausoleums P incidental to educational service uses; Recreation facilities (indoors or outdoors) C churches; counseling groups; and those private business uses which qualify as r n vortation Facilitieg as home occupations. Bus stations, public C "Park and ride" facilities C Road right-of-ways, slope easements, or similar C public improvements Transit stations, public, or transitways C Residential Uses Emergency shelters for the homeless Permanent C See Chapter 17 standards Rotating or temporary C See Chapter 17 standards Day care center C Temoorary UM Temporary Uses A See Chapter 17 standards Accessory Structures and Uses Accessory structures and uses customarily P See Chapt. 16 regulations incidental to a permitted use and contained on the same site 9-2 f 14.09.030 Property Development Standards (P/QP) NR: Not required unless otherwise noted in "Additional Standards." P/QP Additional Standards Minimum Lot Area (sq. ft.) NR Minimum Lot Width (sq. ft.) NR Minimum Yards: Front (ft.) NR (A) Side (ft.) NR (A) Rear (ft.) NR (A) Maximum Height of Structure (ft.) 36 (B), (C) Maximum Lot Coverage NR Minimum Landscaping 10% (D) (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be 10 feet. (B) Exceptions may be granted for a height above 36 feet, subject to the provisions of Chapter 24 (Exceptions). (C) Buildings existing or approved as of January 1, 1987 which are more than 3 stories in height shall not be considered nonconforming, and are listed in Section 14.16.040 (Buildings Over Three Stories). (D) For parking lot landscaping, see Section 14.18.160 (Parking Lot Screening and Landscaping). NOTE: See Chaoter 16 (Site and Use Reeulations) for additional ree_ulations vertainine to Floor area ratio, triD allocations, and site development standards. 9-3 Chapter 10 Parks/Open Space District (P/OS) Sections: 14.10.010 Specific Purposes 14.10.020 Land Use Regulations (P/OS) 14.10.030 Property Development Standards (P/OS) 14.10.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of the Parks/Open Space District include the following: A. To provide appropriately located land throughout the City for public parks. B. To provide opportunity for recreational uses in public parks. C. To promote an integrated pattern of open space areas within the City to serve as visual greenbelts and community separators and to protect environmental resources. D. To protect the public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use. E. To preserve baylands, waterways, and wetlands as open space. F. To retain open space land in a natural open state. G. To discourage public utility facilities in open space areas to minimize harm to the area's visual quality. H. To allow low intensity, passive recreational uses within open space areas and provide opportunity in appropriate locations for more intensive uses of open space which are consistent with the preservation of open space natural values and have minimal impacts on the environment. 10-1 14.10.020 Land Use Regulations (P/OS) P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed. Types of Land Use Open pace/Pa-rks/Recreation Open space, public Animal grazing Animal husbandry Horse keeping Riding stables Picnic areas Trails (bicycle, equestrian, pedestrian) Wildlife preserves or sanctuaries Open space, private Public parks, playgrounds, and recreation facilities Private concessions in public parks Public/Quasi-Public Use Public facilities Public and utility facilities (including pump stations, utility substations, storm drainage ponds, and water tanks, and excluding corporation, maintenance or storage yards) Sewage or water treatment facilities, including wastewater ponds and irrigation areas Temporary Uses Acces ory Structures and Uses Accessory structures and uses customarily incidental to a permitted use and contained on the same site 10-2 P/OS Additional Use Regulations C C C C C C P P* " Any of the uses listed under P Public Open Space, subject to any additional restrictions or other C approved uses on an easement, grant deed, map of record, or private covenant. C C A See Chapt. 17 standards P See Chapt. 16 regulations 14.10.030 Property Development Standards (P/OS) NR: Not required, unless otherwise noted in "Additional Standards." P/OS Additional Standards Minimum Lot Area (sq. ft) NR Minimum Lot Width (ft.) NR Minimum Yards: Front (ft.) NR Side (ft) NR Rear (ft.) NR Maximum Height of Structure (ft.) 36 (A) (A) Exceptions may be granted for a height above 36 feet, subject to the provisions of Chapter 24 (Exceptions). NOTE: See Chanter 16 (Site and Use Reeulations) for additional reeulations vertainine to Floor area ratio. trio allocations. and site development standards. 10-3 Chapter 11 Water District (W) Sections: 14.11.010 Specific Purposes 14.11.020 Land Use Regulations (W) 14.11.030 Property Development Standards (W) 14.11.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the purposes of the Water District include the following: A. To promote the waters of San Rafael as a navigable waterway and viable boating/maritime district. B. To provide opportunities for limited water -dependent uses which require access to the water as a central element of its basic function, and which contribute to the maritime character of the district. C. To provide opportunities for marine -related recreation. D. To protect property from erosion from storms and high tides. E. To improve water quality by preventing or reducing pollution caused by any means. F. To protect and enhance wildlife habitat. G. To provide opportunities for education and scientific research. 14.11.020 Land Use Regulations (W) P: Permitted by right, C: Conditional Use Permit: A: Administrative Use Permit; Blank: Not allowed. Type of Land Use W Additional Use Regulations Water - Boat docking facilities Ancillary use to a single-family residence P Part of a marina or other nonresidential use C Boat launching ramps C Boat storage, wet P At docking facilities only or in areas designated by Chapt.17.20. Charter boat businesses P At docking facilities only or in areas designated by Chapt. 17.20. Commercial fishing, shellfishing, and trapping C Open space, private C Limited to outdoor water -oriented recreational activities such as canoeing, boating, and fishing. Open space, public P" 'As permitted by the Open Space Pier or wharf I C Management Plan and/or Park Parks, public, and recreation facilities P" Master Plan. If a plan has not been adopted, then a use permit is required. Recreation facilities, private, outdoors C Limited to outdoor water -oriented recreational activities such as canoeing, boating, and fishing. Terminal, ferry or similar marine transportation C Wildlife preserve or sanctuary P PublidOuasi-Public Ulo Public facilities Public and utility facilities P Public improvements (bridges, roads, seawalls, P levees) Schools, sailing, boating, etc. C Temoorary UM Temporary Uses C Accessory Structures and Uses Accessory structures and uses customarily C See Chapt.16 regulations incidental to a permitted use and contained on the same site. 11-2 14.11.030 Property Development Standards (W) NR: Not required, unless otherwise noted in "Additional Standards." W Additional Standards Minimum Lot Area (sq. ft.) NR (A) Minimum Lot Width (feet) NR Minimum Yards: Front (ft) NR (B) Side (ft) NR (B) Rear (ft) NR (B) Maximum Height of Structure (feet) 36 Maximum Lot Coverage (percent) NR (A), (C), (D), (E), (F) (A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of Section 14.13.040 (G) (Fill). A use permit shall be required consistent with Sections 14.13.050 (Application for a Use Permit) and 14.13.070 (Findings). (NOTE: Fill in open waters is also subject to issuance of a Tidelands Permit from the Department of Public Works, and any other permit required by local, State or Federal law.) (B) Development should not encroach into sensitive wildlife habitat areas, limit normal range areas, or create barriers which cut off access to food or shelter. (C) Other proposed activities, such as dredging within tidelands and/or open waters requires a Tidelands Permit from the Department of Public Works and may require other permits. (D) Public access to the water or shoreline should be provided as identified on the Recreation Plan and the Canal Land Use and Access Map of the General Plan, and is encouraged elsewhere where appropriate. (E) Views of the water shall be provided as identified on Community Design Map A of the General Plan, and is encouraged elsewhere through project design. (F) For setbacks from creeks, the San Rafael Canal, and drainageways, see Section 14.16.080 (Creeks and Other Watercourses). For setbacks from wetlands, see Section 14.13.040 (B) (Wetland Setbacks). 11-3 Chapter 12 Hillside Development Overlay District (-H) Sections: 14.12.010 Specific Purposes 14.12.020 Criteria for Establishment of Hillside Development Overlay District 14.12.030 Property Development Standards (-H) 14.12.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the purposes of the Hillside Development Overlay District 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. D. To implement the residential site design policies of the General Plan and the Hillside Residential Design Guidelines Manual. 14.12.020 Criteria for Establishment of Hillside Development Overlay District These regulations shall apply to all lots with an average slope greater than 25 percent or in the Hillside Resource Residential or Hillside Residential General Plan land use districts. The Hillside Development Overlay District on the Zoning Map is placed on those lots which are in the Hillside Resource Residential or Hillside Residential General Plan land use districts. Lots with an average slope greater than 25 percent not shown in the Hillside Development Overlay District are presumed to exist in the city and are protected under all of the terms and provisions of this Chapter. Development on such lots require compliance with the requirements of the Hillside Development Hillside Overlay District, except that such lots need not be rezoned to the Hillside Development Overlay District. 14.12.030 Property Development Standards (-H) Development standards shall be those of the underlying zoning district with which a Hillside Development Overlay District is combined, provided that the following shall be in addition and shall govern where conflicts arise, except for (G) (Lot Standards) where the lot size standard of the underlying zoning district applies when more restrictive than the Subdivision Ordinance. A. Buildine Steoback. 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 percent of the building length. B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more than one-half of the required yard or setback, subject to approval by the hearing body of an Environmental and Design Review Permit, with the recommendation of the Design Review Board that the decrease minimizes the impact of hillside development and grading. If such a reduction is granted, a compensating increase in setback is required in the opposing setback, i.e., a five foot reduction in a front yard setback would increase the rear yard setback by five feet. C. Natural State. A minimum area of 25 percent of the lot area plus the percentage figure of average slope, not to exceed a maximum of 85 percent, must remain in its natural state. This standard may be waived or reduced for lots zoned PD (Planned District) or developed with clustered development with the recommendation of the Design Review Board, subject to approval by the hearing body. D. Gross Buildine Sauare Footaee, The maximum permitted gross building square footage of all structures (including garages and accessory structures over 120 square feet) is limited to 2,500 square feet plus ten percent of the lot area with the maximum gross square footage set at 6,500 square feet. 12-1 E. Rideeline 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. Excevtion: An exception to the ridgeline regulation may be granted if the decision-making body makes the findings that: 1. There are no site development alternatives which avoid ridgeline development; and, 2. The density has been reduced to the minimum allowed by the General Plan land use designation density range; and, 3. No new subdivision lots are created which will result in ridgeline development; and, 4. The proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the visual impacts of the development as viewed from all public viewing areas. ILLUSTRATION OF RIDGELINE HOME STANDARDS RIDGELINE No BUILDING VnTHIN 100 VERTICAL FEET F. Parkine Reauirements. On streets less than 26 feet wide, a minimum of two additional on-site parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be conveniently placed relative to the dwelling unit which they serve. This requirement may be waived or reduced by the hearing body when the size or shape of the lot or the need for excessive grading or tree removal make the requirement infeasible. G. Lot Standards. Minimum lot sizes and widths for lots created after November 21,1991 are subject to the slope tables established under chapter 15.34 of the Subdivision Ordinance. Dien Review Reauirement. An Environmental and Design Review Permit may be required, consistent with the requirements of Chapter 25 (Environmental and Design Review Permits). All applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual. 12-2 Chapter 13 Wetland Overlay District (-WO) Sections: 14.13.010 Specific Purposes 14.13.020 Criteria for Establishment of Wetland Overlay District for Identified and Unidentified Wetlands 14.13.030 Land Use Regulations (-WO) 14.13.040 Property Development Regulations (-WO) 14.13.050 Application for a Use Permit 14.13.060 Conditions of Approval 14.13.070 Findings 14.13.080 Wetland Restoration and Creation 14.13.090 Wetland Management Plan 14.13.100 Enforcement 14.13.010 Specific Purposes Wetlands are indispensable and fragile natural resources subject to flooding, erosion, soil -bearing capacity limitations and other hazards. Destruction of or damage to wetlands threatens public safety and the general welfare. In addition to the general purposes listed in Section 14.01.030 and the purposes of the underlying zoning district, the purposes of the Wetlands Overlay District include the following: A. To preserve and enhance the remaining wetlands in San Rafael by encouraging their use only for purposes compatible with their natural functions and environmental benefits. B. To prohibit in wetlands and discourage at adjacent upland sites those development activities that may adversely affect wetlands. C. To design development to avoid or minimize adverse impacts on wetland habitat. D. To encourage restoration of wetland sites. E. To prevent loss of life, property damage, and other losses and risks associated with flooding by providing floodwater passage for stormwater runoff and floodwaters that coincide with high tides. F. To protect property values by preventing damage from erosion from storms and high tides. G. To contribute to improved water quality by preventing or reducing increases in pollution caused by any means. H. To protect and enhance wildlife habitat, including that of rare, threatened, and endangered plant and animal species. I. To provide sites for education and scientific research. J. To provide opportunities for recreational activities compatible with wetland habitat. 14.13.020 Criteria for Establishment of Wetland Overlay District for Identified and Unidentified Wetlands These regulations shall apply to all lots which have wetlands located within the City of San Rafael. The Wetland Overlay District on the Zoning Map is placed on those lots which have wetlands which have been identified. A list of lots with wetlands is available in the Planning Department. Small wetlands not shown in the Wetland Overlay District are presumed to exist in the city, are protected under all of the terms and provisions of this Chapter, and shall be rezoned when they are identified. Submerged and tidelands lots are within the Water District, which requires compliance with the requirements of the Wetland Overlay District, except that such lots need not be rezoned to the Wetland Overlay District. 13-1 -IM_ 14.13.030 Land Use Regulations (-WO) P: Permitted by right; C: Conditional Use Permit, Blank: Not allowed. Type of Land Use WO Additional Use Regulations Underlying Zoning District Uses C (A), (B), (C), (D) Open Space/Parks/Recreation Agriculture, cultivation of crops C Open space, private Uses allowed in public open space C (A), (B), (C), (D) Uses allowed in a private covenant C (A), (B), (C), (D) Open space, public Animal grazing P' • As permitted by the Open Space Animal husbandry P' Management Plan and/or Park Plan Horse keeping P• conforming with the wetland use Riding stables P• regulations. If a plan has not been Picnic areas P" adopted, then use regulations (A), Trails P• (B), (C), and (D) apply with a Public parks, playgrounds, and recreation facilities P' use permit. Private concessions in public parks P• Recreation facilities, private (indoors and outdoors) C (A), (B), (C), (D) Wildlife preserves or sanctuaries C (A), (B), (C), (D) • Public facilities Public and utility facilities (pump stations, P" utility substations, storm drainage, ponds, water tanks, transmission facilities) Public improvements (bridges, roads, and levees) P• Sewage or water treatment facilities, including P• wastewater ponds and irrigation areas Schools Parochial, private C (A), (B), (C), (D) Public C (A), (B), (C), (D) (A) In wetlands, the only uses allowed are the construction and maintenance of water -related structures such as piers, docks, walkways, observation decks and shelters, fences, wildlife management shelters, stormwater pumps and bridges. (B) Provided that any and all necessary permits or approvals required by local, State, or Federal law shall be obtained. (C) Uses in, or near, wetland areas, shall be controlled or designed to have minimal adverse impact on wetland habitat. (D) Recreation /scientific activities in or near wetlands should be low intensity uses, such as bird watching, fishing, nature photography and study, wildlife observation, and scientific research and education. 13 - 2 14.13.040 Property Development Regulations (-WO) Development standards shall be those of the underlying zoning district with which a Wetland Overlay District is combined, provided that the following requirements shall be in addition and shall govern where conflicts arise. A. Structures in wetlands. Any structures allowed in wetland areas [see Section 14.13.030(A)] must minimize adverse impacts on wetlands through construction on pilings to allow unobstructed flow of water, preserving the natural contour of the wetland and minimizing impairment, alteration, or loss of wetlands. Wetland setbacks. The wetland setback shall be measured from the edge of a wetland, as determined consistent with the procedures in Section 14.13.05(A) (Determination of wetland boundaries), to any structure. The setback from a creek or drainageway wetland, or from the San Rafael Canal, shall be established consistent with the provisions of Section 14.16.080 (Creeks and Other Watercourses). For wetlands which are neither creeks nor drainageways, the wetland setback shall be a minimum of 50 feet. A wetland setback up to 100 feet may be required on lots larger than two acres in size, as determined through development review. Exception: An exception to the wetland setback may be granted if the Planning Commission makes the finding that: The proposed setback adequately protects the value of the wetland habitat to the satisfaction of the City after review by the appropriate public wildlife agencies and the public; or, The strict application of the setback requirement would substantially interfere with economically viable use of the property. C. Buffer areas. Within wetland setback areas, appropriate measures, such as fencing, landscaping, setbacks for roads and parking lots, and natural habitat areas are required in the wetland setback to minimize adverse impacts on wetlands and wetland habitat. D. Landscavm ,. Landscaping which is non-invasive to wetland habitat shall be used in required wetland setbacks. Additionally, vegetation which enhances wetland habitat values and the use of native plants indigenous to the area is encouraged. E. Erosion and sedimentation control. During construction, every precaution shall be taken to prevent the disruption of adjacent wetlands. The Planning Department shall require best - management practices to minimize siltation, sedimentation, and erosion, subject to approval by the Department of Public Works. To ensure that sediment remains on the site and is not transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with permanent vegetation. F. tormwpter runoff. Stormwater runoff systems shall be designed to minimize the increase in volume of stormwater runoff to a wetland from a development over the existing volume of runoff, as well as ensure that stormwater runoff is substantially free of debris, pollutants and silt. Stormwater runoff management proposals shall be submitted and are subject to approval by the Planning Department and the Department of Public Works. G. Fill. Loss of wetlands due to filling shall be strictly avoided. Any request for a use permit for fill must demonstrate that the proposed fill cannot be avoided by a reduction in the size, scope, configuration, or density of the development, or by changing the design of the development in a way that would avoid or result in fewer adverse effects on the wetland. If fill is unavoidable, the Planning Commission may approve a use permit for fill, provided that there shall be a minimum of two acres of wetlands created or restored, on-site or off-site, for every acre of wetland lost, consistent with the provisions of Section 14.13.080(C) (Required wetland restoration or creation) and Section 14.13.070 (Findings). Exception: An exception to the fill regulations may be granted if the Planning Commission makes the finding that: The strict application of the regulations prohibiting fill would substantially interfere with economically viable use of the property; or, 2. The wetland is isolated and an acre or less in size, and there is no net loss in quantity or quality of wetlands. H. Incentives for wetland creation. To encourage the creation of new wetland areas, an exception to the property development regulations of the underlying zoning district pertaining to setbacks, height, landscaping, and usable outdoor area may be granted, consistent with section 14.13.080(A) (Incentives for wetland creation). 13-3 Wetland vegetation. Removal of wetland vegetation or changing of drainage characteristics by private parties which adversely affects wetlands shall be avoided and requires a Use Permit (see section 14.13.070, Findings). 14.13.050 Application for a Use Permit A. Determination of wetland boundaries. The specific boundaries of a wetland shall be determined by one of the following methods: 1. The U.S. Army Corps of Engineers will, at the request of the applicant, make a jurisdictional determination delineating wetland boundaries; or, 2. A qualified wetland expert, at the request of the applicant, may identify the wetland boundary in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as most recently adopted. The Corps shall verify the accuracy of, and may render adjustments to, the boundary delineation. The wetland boundaries shall be those with which the Corps concurs. Corps concurrence shall occur prior to issuance of a building and/or grading permit. Should there be an adjustment by the Corps to a wetland boundary which affects wetland setbacks or a use permit for fill, a use permit amendment shall be required, consistent with Chapter 22 (Use Permits). 3. For development where no fill of wetlands is proposed, a qualified wetland expert, at the expense of the applicant, may identify the wetland boundary in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as most recently adopted. In lieu of Corps verification of the delineation, the applicant may pay the City for the hiring of an independent, qualified wetlands biologist to verify and, if necessary, modify the wetland boundaries. B. Aeencv/or anization consultations. The applicant for a use permit is strongly encouraged to consult with the U.S. Army Corps of Engineers, as well as the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, California Department of Fish and Game, California Coastal Conservancy, California State Lands Commission, San Francisco Bay Conservation and Development Commission, San Francisco Bay Regional Water Quality Control Board, Marin - Sonoma Mosquito Abatement District, and any other appropriate agencies or organizations early in the planning process. The application for a use permit should include a record of the persons consulted in each of the appropriate agencies or organizations. C. Reouired information. In addition to the above requirements, the following information shall be submitted by an applicant for a use permit in the Wetland Overlay District. 1. Project description with an assessment of impacts of the proposed use and development on wetlands and associated wildlife, including adjacent wetlands and adjacent uplands. For development which proposes a wetland setback less than 100 feet on a lot larger than two acres in size, and/or a setback from a drainageway, include a description of how the proposed setback adequately protects the value of the wetland habitat. For development which proposes fill in a wetland, include the following: a . An explanation of why the proposed development cannot be accomplished by a reduction in the size, scope, configuration, or density of a development. b. A biological assessment of the current habitat values of any wetlands proposed to be lost including local and regional habitat values. c. Identify mitigation site(s) and how it would be permanently protected. 2. Proiect Duroose, stating the general function and objectives of the development, and showing that, if achieved, the proposed avoidance or mitigation measures would result in no net loss of wetlands. 3. Wetland man drawn to scale, delineating the extent of the wetland(s) on the site; indicating the jurisdictional boundaries of the Corps and other public agencies; mapping soil and vegetation types according to the classification system outlined in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands as most recently adopted; and, showing water sources with a general characterization of the wildlife habitat. 4. Site plan showing the location and dimensions of all existing and proposed structures, roads, and other installations within 200 feet of the wetland boundaries, both on-site and off-site; and the relationship of the proposed activity and any potentially affected wetland to the entire site owned by the applicant. 13-4 5. Gradine and drainaee elan showing elevations of the site and adjacent lands within a minimum of 200 feet of the wetland boundaries, both on-site and off-site, at one -foot contour intervals; water sources; the location and specifications for all proposed filling, grading, and vegetation removal, including the amounts and methods; and, drainage patterns. Demonstrate acceptable erosion and sedimentation control, appropriate stormwater runoff management, and adequate wildlife habitat protection during the construction period. 6. Construction schedul: of the proposed construction sequence, showing when each stage of the development will be completed, including the total area of soil surface to be disturbed during each stage and estimated starting and completion dates. In no case shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to initiation of the construction activities. D. Modifications to list of required information. The Planning Director may, prior to determination of completeness date, waive the submission of listed information, or may require additional information when necessary to verify compliance with the provisions of this Chapter, or to evaluate the proposed use. 14.13.060 Conditions of Approval In approving a use permit, the Planning Commission may impose reasonable conditions. If a use adversely affects existing wetlands, such as altering hydrological conditions, the use permit application may be denied, or mitigation measures may be required. Where fill is proposed, wetland restoration or creation shall be required, accordant with section 14.13.080(C) (Required Wetland Restoration or Creation). Where applicable, and as a condition of approval prior to issuance of a building permit, the following may be required by the Planning Department: A. Verification of Corps concurrence with the applicant's determination of wetland boundaries; and/or, B. A Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of Engineers; and/or, C. A letter from the California State Department of Fish and Game stating compliance with its Wetlands Policy; and/or, D. A Certificate of Conformance With Water Quality Standards issued by the State Water Resources Control Board; and/or, E. A permit from the Bay Conservation and Development Commission. 14.13.070 Findings A. Uses within a wetland. The Planning Commission may approve an application for a use permit for a proposed use within a wetland as allowed in Section 14.13.030 (land Use Regulations), if it is found that the proposed use is consistent with the purposes of Section 14.13.010 (Specific Purposes) and that the proposed use: 1. Is a water -related structure as identified in section 14.13.030 (Land Use Regulations); and, 2. Minimizes impairment to the wetland's functional characteristics, existing contour, and wildlife habitat; and, 3. Complies with all wetland regulations contained herein; and, 4. Cannot be accomplished by a reduction in the size, scope, configuration, or density of the development as proposed, or by changing the design of the development in a way that would avoid or result in fewer adverse effects on the wetland. B. Uses outside of a wetland. The Planning Commission may approve an application for a use permit for a proposed use outside a wetland as allowed in section 14.13.030 (Land Use Regulations), if it is found that the proposed use is consistent with the purposes of the base district, and: 1. Minimizes impairment to the adjacent wetland's functional characteristics and wildlife habitat; and, 2. Complies with all wetland regulations contained herein. 13-5 14.13.080 Wetland Restoration and Creation A. Incentives for wetland creation. Where a property owner proposes to expand an existing on-site wetland, and where no fill in an existing wetland is proposed, the Planning Commission may grant an exception to the property development standards of the underlying base district. An exception shall not be granted for wetlands created as a condition of approval for fill in a wetland, and is limited to the following site development regulations: 1. Setbacks. The minimum setbacks from the lot lines of the underlying zoning district may be decreased where the proposed setback is in character with the surrounding development, and where such decrease will not unreasonably affect abutting sites nor reduce wetland setbacks. 2. Height. The maximum allowed building height for a residential structure may be increased to no greater than 36 feet where scenic views or solar access on surrounding properties are not affected, and where the proposed height is in character with the surrounding development. 3. Landscaoine. Wetlands may be included as fulfilling part of the landscaping requirements, except that the requirement for parking lot landscaping shall be met. 4. Usable outdoor area. Wetlands may be included as fulfilling part of the usable outdoor area requirements of this Title where the building and landscape design is such that the residents of the building may participate in passive outdoor recreational activities such as bird watching, fishing, and nature photography. B. The Planning Commission may approve an exception to the property development standards of the underlying base district, if it finds that: 1. The proposed development is consistent with the intent of the provisions of the underlying zoning district development regulations and with other applicable provisions of this Title; 2. The proposed development adequately protects the value of the wetland habitat; and, 3. There is a net gain in wetland quality and no fill in or damage to existing wetlands on the site. C. Reouired wetland restoration or creation. The purpose of this section is to prevent a loss of wetlands by ensuring new wetlands when fill is proposed. Wetland restoration or creation shall be required for fill in a wetland, per section 14.13.040(G) (Fill). Wetland restoration or creation shall meet the following minimum standards and shall occur pursuant to an approved Wetland Management Plan (Section 14.13.090). 1. On-site wetland restoration or creation. The restoration or creation of wetlands shall be of at least equal quality and of a similar type to that of the existing wetlands, and on or adjacent to the site, where possible. 2. Off-site wetland restoration or creation. Where the applicant has demonstrated to the Planning Commission that restoration or creation on-site or adjacent to the site is infeasible due to technical constraints, such as lot or wetland size or wetland type, or that a wetland of a different type or location is strongly justified based on regional needs or the functional value of the impacted wetland, the Planning Commission may accept or recommend an alternative proposal for restoration or creation of a wetland off-site. 3. Timine of wetland restoration or creation. Restoration or creation of wetlands should be completed prior to construction of the development. Where implementation of a development would adversely affect mitigation efforts, construction activities may be started prior to restoration or creation of wetlands. 14.13.090 Wetland Management Plan An applicant for a use permit for fill shall be required to submit a Wetland Management Plan prepared by a qualified wetlands expert. An applicant for a use permit for a conditional use in a wetland, or as part of environmental review under the California Environmental Quality Act may be required to prepare a Wetland Management Plan. A. Reouired information. A Wetland Management Plan shall include any or all of the following items as deemed necessary by the Planning Director. 13-6 1. Goals and obiectives, including a description of the functional relationships sought in the new wetland, such as habitat areas, topography and soil characteristics, water flow patterns and water levels, and upland buffers. 2. Wetland preservation. restoration. and creation techniques and standards., identifying the location and size of wetland areas to be preserved, restored, or created, and including: a. Water -quality parameters, water source, water depths, water -control structures, and water -level maintenance practices needed to achieve the necessary ambient water conditions and characteristics; b. Planting plans (identifying target wildlife species) specifying plant species, quantities, locations, size, spacing, or density; source of plant materials or seeds; timing, season, water, and nutrient requirements for planting; and, plant protection measures; c. Site preparation specifications for, if needed, soil amendments, removal of unsuitable fill, and for weed control; d. Wetland protection measures for minimizing impacts during grading and construction, and for minimizing disturbances to wildlife habitat; and, e. Mosquito management, demonstrating ecological mosquito control developed in consultation with the Marin -Sonoma Mosquito Abatement District. f. For wetland creation, identification of disposal area for any dredged material. 3. Imolementation and monitorine Ulan. providing a. Specific criteria for evaluating whether or not the goals of the Wetland Management Plan are being achieved at various stages in the development. b. Specifications for irrigation as needed, removal of exotic and nuisance vegetation, and maintenance. c. Responsibility for monitoring the hydrology, vegetation, and wildlife of the wetland with a specified monitoring time frame (five years recommended for tidal marshes, and ten years recommended for other wetlands). d. Provision for correction of design defects in the Plan and any needed plant replacement. e. Identification of method(s) used to ensure that the wetland will be protected in perpetuity. 4. Manaeement oreanization, demonstrating fiscal, administrative, and technical competence of sufficient standing to successfully execute the overall development. 5. Cost estimate, sufficient to cover the cost of implementing and maintaining the wetland. In addition, bonds ensuring fulfillment of the development may be required. B. Aooroval of a Wetland Manaeement Plan. A Wetland Management Plan may be approved, approved with conditions, or disapproved by the Planning Commission, with the Commission's decision appealable to the City Council, upon finding that it is consistent with the purposes of this Chapter. 14.13.100 Enforcement In the event of illegal fill or similar activity, such as grading, dredging, removal of wetland vegetation by private parties, or changing of drainage characteristics by private parties which adversely impacts a wetland, the City Council shall have the power to order wetland restoration and creation measures for the damaged or destroyed wetland area by the person or agent responsible for the violation, consistent with the fill regulations in Section 14.13.040(G) (Fill). If the responsible person or agent does not complete such measures within a reasonable time following the order, the City may undertake to restore the affected wetland to its prior condition and/or create or restore other wetlands for the purpose of offsetting losses sustained as a result of the violation at the expense of the property owner and/or the person or agent responsible for the violation. Covered expenses include all wetland restoration or creation costs as well as administration and enforcement costs. To guide restoration and creation actions, the Planning Department shall have the power to order the property owner and/or the person or agent responsible for the violation to develop a plan as described in Section 14.13.090 (Wetland Management Plan). 13-7 Chapter 14 Downtown Review Overlay District (-D) Sections: 14.14.010 Specific Purposes 14.14.020 Authority 14.14.030 Application 14.14.040 Improvements Subject to Review 14.14.050 Downtown Design Criteria 14.14.060 Processing 14.14.010 Specific Purposes In addition to the general purposes listed in section 14.01.030 (Purposes), and the purposes of the underlying zoning district, the specific purposes of the Downtown Review Overlay District include the following: A. Protect the unique physical and social characteristics of the Downtown area. B. Preserve and enhance the historic characteristics of the existing structures. C. Coordinate individual construction and restoration plans with the public and private improvements in the downtown area. D. Maintain and improve the qualities of and relationships between individual buildings and public improvements. E. Promote design excellence by encouraging creative renovation and beautification plans. F. Enhance physical and social qualities of the pedestrian environment. 14.14.020 Authority The Planning Commission, Zoning Administrator or Planning Director may may approve, conditionally approve or deny applications for an Environmental and Design Review Permit in the Downtown Review Overlay District. The authority for determination on major, minor and administrative Environmental and Design Review Permits in the Downtown Review Overlay District is identified in Section 14.25.020 (Authority). 14.14.030 Application An application for an Environmental and Design Review Permit in the Downtown Review Overlay District shall be initiated by submitting to the Planning Department a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and information as required by Section 14.25.030 (Application). 14.14.040 Improvements Subject to Review Before any structure, sign or visible utility is constructed or externally altered, it shall be approved in accordance with the Downtown Design Guidelines. Building exterior changes include, but are not limited to, facade modifications, painting, placement of signs, and construction of landscaped areas, planters and other outdoor improvements. 14.14.050 Downtown Design Criteria Development standards shall be those of the underlying zoning district with which the Downtown Review Overlay District is combined, provided that the following requirements shall be in addition and shall govern where conflicts arise. The following criteria shall be in addition to the design criteria of Section 14.25.050 (Review Criteria). The exterior building changes shall be designed consistent with the following: A. Individual oroiect desien shall be compatible with adjacent buildings, and shall be considered in the context of the potential design development of adjacent buildings and of the entire facade of the city block in which the building is located. On Fourth Street, building designs shall also be related to Fourth Street improvements by considering the location, color and scale of street 14-1 furniture, landscaping, sidewalks, crosswalks, signs and lighting. Within a single building, ground floor store fronts shall relate to each other and to the entire building facade. The scale of the proposed building designs shall be oriented to the pedestrian. B. Colors and Materials. Colors and materials shall be consistent with Section 14.25.050(F)2 (Materials and Colors). Building colors and materials shall relate to adjacent store fronts and building facades. The following discretionary guidelines are intended to assist the designer in understanding City design policies for development in the Downtown Review Overlay District: 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 sidewalk 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 areas. 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. D. Buildine Renovation. Buildings which possess significant architectural or historical building characteristics as determined by "San Rafael His Survey" as most recently adopted should be renovated to restore as many of those characteristics as possible. Renovation designs for newer buildings should highlight their particular architectural features, but need not match older architectural designs; however, colors and materials should be chosen so that the appearance of both old and new buildings is compatible. E. Colors/Materials. Interesting color schemes are encouraged. In general, brighter colors should be restricted to awnings, signs and accent trim. Very bright accent colors will be permitted only if they are considered compatible with colors of the other buildings on the block. Permanent and temporary automobile- and pedestrian -oriented signs are permitted with a Sign Permit. The orientation and size of each sign shall be designed consistent with the following: F. Overly large and/or projecting signs which are primarily located to be viewed by automobile traffic shall not be permitted on pedestrian -oriented streets as identified in the General Plan. G. Signs shall be designed as an integral part of the building's architectural design. H. Window signs shall be consistent with the provisions of section 14.19.0201)(2). (Window Signs). The following discretionary guidelines are intended to assist the designer in understanding City design policies for signs in the Downtown Review Overlay District. 1. The color, lighting, lettering, location, styles and graphics of each sign will be reviewed by the following guidelines: 1. The image of the individual business is to be emphasized over a corporate branch image. 2. Personalized handcrafted signs making use of professional artists and designers are encouraged. 3. Materials of natural, traditional, or soft texture and color, such as wood, ceramic, bronze and gold leaf are preferred. 4. Surface brightness, movement or lighting intensity beyond that which is necessary to attract adjacent automobiles or pedestrians is discouraged. 5. Message simplification, including the use of graphic symbols, is encouraged. 14-2 6. Lettering should be legible, simple, elegant and appropriate to the image of the building. 14.14.060 Processing A. The application for an Environmental and Design Review Permit in the Downtown Review Overlay District shall be processed in accordance with the procedural requirements of Chapter 25 (Environmental and Design Review Permits). B. Any exterior changes made in compliance with the provisions of the Downtown Design requirements shall be properly maintained in accordance with such approval. Proper maintenance shall include, but not be limited to, care, painting and/or repair of deteriorating signs, awnings, landscaping, and other exterior features. 14-3 Al 7 Chapter 15 Canalfront Review Overlay District (-C) Sections: 15.15.010 Specific Purposes 15.15.020 Authority 15.15.030 Application 15.15.040 Improvements Subject to Review 15.15.050 Canalfront Design Guidelines 15.15.060 Processing 15.15.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030 (Purposes), and the purposes of the underlying zoning district, the specific purposes of the Canalfront Review Overlay District include the following: A. Protect the unique physical and social characteristics of the canalfront area. B. Enhance the canalfront-orientation of existing structures. C. Insure canalfront-oriented design in new development. D. Improve public views and access to the canalfront. E. Promote design excellence by encouraging creative development project design and the innovative use of materials and methods and techniques. 15.15.020 Authority The Planning Commission, Zoning Administrator or Planning Director may approve, conditionally approve or deny applications for an Environmental and Design Review Permit in the Canalfront Review Overlay District. The authority for determination on major, minor and administrative Environmental and Design Review Permits in the Canalfront Review Overlay District is identified Section 14.25.020 (Authority). 15.15.030 Application An application for an Environmental and Design Review Permit in the Canalfront Review Overlay District shall be initiated by submitting to the Planning Department a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and information as required by Section 14.25.030 (Application). 15.15.040 Improvements Subject to Review No improvement subject to review in Section 14.25.040 (Improvements Subject to Review) shall hereafter be constructed, located, repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as consistent with the Canalfront Design Review guidelines. 15.15.050 Canalfront Design Criteria Development standards shall be those of the underlying zoning district with which the Canalfront Review Overlay District is combined, provided that the following mandatory requirements shall be in addition and shall govern where conflicts arise. The discretionary guidelines are intended to assist the designer in understanding City design policies for development in the Canalfront area. The following criteria shall be in addition to the design criteria of Section 14.25.050 (Review Criteria). A. Site Design. Design factors which must be considered include the development of the Canal as an attractive amenity; orientation of the development to the canalfront; pedestrian and bicycle access and linkages where appropriate; and, canal view protection and enhancement. Setbacks along the Canal are required to preserve and enhance wildlife habitat, to provide public access, and/or to provide for levee maintenance. 15-1 B. Architecture. Low -scale buildings that protect public views of the water and which do not dominate the canal shall be required. High quality waterfront -oriented design as viewed from the Canal as well as the street is encouraged. C. Colors/Materials. Colors and materials shall be consistent with Section 14.25.050(F)2 (Materials and Colors). 15.15.060 Processing The application for a Canalfront Review Overlay District design review permit shall be processed consistent with the provisions of Chapter 25 (Environmental and Design Review Permits). 15-2 Chapter 16 Site and Use Regulations Sections: 14.16.010 Specific Purposes and Applicability 14.16.020 Accessory Structures 14.16.030 Affordable Housing Requirement 14.16.040 Buildings Over Three Stories 14.16.050 Conservation Areas — Development Potential 14.16.060 Conservation of Dwelling Units 14.16.070 Conversion or Demolition of Dwelling Units 14.16.080 Creeks and Other Watercourses 14.16.090 Density Bonus 14.16.100 Development Agreements 14.16.110 Drive -Through Facilities 14.16.120 Exclusions to the Maximum Height Requirement 14.16.130 Exclusions to the Required Minimum Yards 14.16.140 Fences 14.16.150 Floor Area Ratios Applicable to Nonresidential Development 14.16.160 Gasoline Stations 14.16.170 Geotechnical Review 14.16.180 Hazardous Soils Conditions 14.16.190 Height Bonus 14.16.200 Hillside Residential Development Standards 14.16.210 Historic Preservation 14.16.220 Home Occupations 14.16.230 Lot Consolidation When Development Occurs 14.16.240 Manufactured Homes 14.16.250 Motor Vehicle Maintenance and Storage in Residential Districts 14.16.260 Noise Standards 14.16.270 Nonconforming Structures and Uses 14.16.280 Satellite Dishes in Residential Districts 14.16.290 Shoreline Embankments 14.16.300 Small Lots 14.16.310 State Lands Commission Title Claims (Allardt's Canal) 14.16.320 Swimming Pools and Hot Tubs 14.16.330 Transfer of Density Among Properties 14.16.340 Transfer of Density On -Site 14.16.350 Trip Allocations 14.16.010 Specific Purposes and Applicability Site and use regulations are applicable to sites in all or several districts. The site and use regulations listed in this Section are intended to ensure that new uses and development will contribute to and be harmonious with existing development, will reduce hazards to the public resulting from the inappropriate location, use or design of buildings and other improvements, and will be consistent with the policies of the General Plan. These regulations shall be applied as specified in the District Regulations, and as presented in this chapter. 14.16.020 Accessory Structures An accessory structure shall comply with the following standards: A. Coverage. Accessory structures shall not exceed a maximum of 30 percent of the required side or rear yard areas. B. Height. The height of an accessory structure shall not exceed 15 feet, except as noted in (E) below. C. Allev setback. An accessory structure shall be located a minimum of five feet from an alley. D. Front vard. No accessory structure may be located within a required front yard. E. Side yard. A maximum of one accessory structure may be located between the principal building and the side property line, providing that it shall be at least three feet from the main building; it shall contain a maximum area of eighty square feet; and, it may be built to the side property line. It shall be screened from view from the front yard or street by a fence and limited to the height of the screening fence. Accessory structures shall not be located within both side yards. 16-1 An accessory structure shall meet setback requirements for reverse corner lots, section 14.04.030(D). F. Rear vard. A maximum of two accessory structures may be located to the rear of the main building, provided they shall be at least six feet from any main building existing or under construction on the the same lot or any adjoining lot. An accessory structure shall meet setback requirements for reverse corner lots, section 14.04.030(D). G. in a nonresidential district accessory structures are permitted when such structures do not alter the character of the premises, and when constructed concurrent with or subsequent to the principal structure and in conformity with all applicable requirements of this Title. 14.16.030 Affordable Housing Requirement Development of ten or more lots or dwelling units shall be required to provide at least ten percent of their units affordable to moderate income households for at least 40 years. These units should be of a similar mix and type to that of the development as a whole, and dispersed throughout the development. Should on-site construction prove impractical, an equal value alternative may be allowed, as approved by the City Council. 14.16.040 Buildings Over Three Stories Buildings which were constructed or approved as of January 1, 1987 having more than 3 stories in height shall be considered conforming. These buildings include but are not limited to the following: 14.16.050 Conservation Areas — Development Potential Open Space/Conservation Areas identified on the General Plan Land Use Plan Map shall be preserved through the development review process and have no development potential. Mapped boundaries of "Conservation Areas" are schematic and may be adjusted to a limited extent during development review. 14.16.060 Conservation of Dwelling Units A. Legal dwelling units existing or approved as of January 1, 1991, except for those in the Marine, Marine Commercial, Light Industrial/Office, and Industrial districts, shall be considered conforming uses. Notwithstanding any Land Use Regulations or Property Development Standards to the contrary contained in this Title, such dwelling units may be replaced or rebuilt in their existing location provided that the number of units and building size shall be no greater than that which existed on January 1, 1991, and the design is similar. An Administrative Design Permit (Section 14.75.0400 is required for any design changes. Such design changes should improve the architectural design of the structure or site design of the development. B. Nonconforming structures are subject to 14.16270(C) (Regulations Pertaining to a Nonconforming Structure). 16-2 BUILDINGS OVER THREE STORIES Address Building 1005 A St. at Fourth St. Herzog -Rake Building 1010 B St. at Fourth St. Albert Building 4000 Civic Center Dr. Fireman's Fund Plaza/Marin Executive Center 4040 Civic Center Dr. Northgate East 100-500 Deer Valley Smith Ranch Hills Retirement Home 1000 Fourth Street Court House Square 1299 Fourth Street Columbia Pacific Building 535-565 Jacoby Marin Resource Recovery Center 100 McInnis Parkway Embassy Suites 99 Monticello Road Kaiser Hospital 899 Northgate Quail Hill Office Building 1000 Northgate Emporium 1010 Northgate Holiday Inn 1050 Northgate Holiday Office Building 9000 Northgate Sears 1 Thomdale Villa Marin Retirement Residences 14.16.050 Conservation Areas — Development Potential Open Space/Conservation Areas identified on the General Plan Land Use Plan Map shall be preserved through the development review process and have no development potential. Mapped boundaries of "Conservation Areas" are schematic and may be adjusted to a limited extent during development review. 14.16.060 Conservation of Dwelling Units A. Legal dwelling units existing or approved as of January 1, 1991, except for those in the Marine, Marine Commercial, Light Industrial/Office, and Industrial districts, shall be considered conforming uses. Notwithstanding any Land Use Regulations or Property Development Standards to the contrary contained in this Title, such dwelling units may be replaced or rebuilt in their existing location provided that the number of units and building size shall be no greater than that which existed on January 1, 1991, and the design is similar. An Administrative Design Permit (Section 14.75.0400 is required for any design changes. Such design changes should improve the architectural design of the structure or site design of the development. B. Nonconforming structures are subject to 14.16270(C) (Regulations Pertaining to a Nonconforming Structure). 16-2 C. As commercial space, live/work quarters are exempt from this section. 14.16.070 Conversion or Demolition of Dwelling Units Except for those dwelling units in the Marine, Marine Commercial, Light Industrial /Office, and Industrial districts, 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) illegal units for which demolition or conversion is required for abatement; and, 3) 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 general type, number and price range 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; and, C. where tenant displacement occurs, mitigation has been required. 14.16.080 Creeks and other Watercourses Improvements on a lot which is adjacent to, or contains, a creek, drainageway, or the San Rafael Canal shall be subject to the following provisions. A. Setback, creek. Creek setbacks shall be CREEK SETBACKS determined based on the setback criteria in section C below. These setbacks should include a 25 foot or greater setback between07 any structure and the high top of the creek TOP OF CREEK BAN bank. On lots two or more acres in size, a 25 25 FOOT SETBACK to 100 foot setback between any structure and FROM TOP OF the high top of the creek bank shall be provided. CREEK CREEK BANK B. &back. drainageway, Adequate setback from a drainageway shall be determined at the time of project review based on the setback criteria in section C below. C. Sgtback criteria. Adequate setback between creeks and/or drainageways and a structure shall be determined based on the following criteria: 1. The setback provides for adequate maintenance, emergency vehicle access, adequate debris flow avalanche corridors, flood control, and protection from damage due to stream bank undercutting. 2. The setback adequately protects and preserves native riparian and wildlife habitat. 3. The setback protects major view corridors and provides for recreation opportunities where appropriate. 4. The setback permits provision of adequate and attractive natural landscaping. D. Setback. San Rafael Canal. No new building or substantial reconstruction of an existing building should be located within twenty-five feet of the top of the bank or bulkhead along both sides of the San Rafael Canal between Highway 101 and the mouth of the Canal. Upon adoption of a design plan for the San Rafael Canal, the design plan provisions shall control. E. Develooment euidelines. Pedestrian and bicycle access is encouraged along creek and drainageway corridors where feasible. However, they should be designed and located so as not to adversely affect important habitat areas. Creeks and drainageways should also be enhanced where feasible to serve as wildlife habitat as well as drainage facilities. 16-3 F. Fill. Any proposed fill in a creek, drainageway or in the San Rafael Canal shall be subject to the requirements of section 14.13.040 (G) (Fill). A Use Permit for fill shall be required consistent with sections 14.13.050 through 14.13.070. 14.16.090 Density Bonus A density bonus may be granted for residential and mixed-use developments in the following limited instances: A. Affordable Housine. 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. B . Lincoln Avenue Housinv.. 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 height limit for development with an exceptional design providing for a varied front elevation and underground parking. C. Senior Housing Density bonuses may be granted for senior housing throughout the City, consistent with State law and with the General Plan. Development must comply with traffic allocations, parking standards (Chapter 18), and be compatible with the scale of development in the neighborhood. 14.16.100 Development Agreements Development agreements shall be governed by Resolution No. 6089, adopted April 20, 1981 by the City Council, or as it may be subsequently amended, establishing procedures and requirements for the consideration of development agreements as provided for by State law. 14.16.110 Drive -Through Facilities Drive-through facilities shall comply with the following standards: A. Traffic and circulation 1. The drive-through stacking lanes shall be separated physically (i.e., by raised curb or landscape planter) from the parking lot, and shall comply with the following capacity standards: Use Financial Institutions Fast Food Restaurants Kiosks Other Leneth of Stacking Lan s . 3-6 cars, depending upon volume 8-12 cars, depending upon volume 2 cars Determined on an individual basis Provide 20 feet per car length 2. The drive-through stacking lane shall be situated so that any over -flow parking from the stacking lane shall not spill out onto public streets or major circulation aisles of any parking lot. If the overflow is directed to the street, additional overflow capacity shall be 80 percent of required stacking. 3. Pedestrian crossings of the drive-through lane are discouraged. 4. Entrances and exits to drive-through facilities near high volume intersections shall be located so as to maximize the distances to the intersection. 5. Confusing on-site circulation shall be avoided. Entrances to and exits from drive-through facilities should be at least 20 feet from the property line. 6. Parking spaces for drive-through special orders may be required. B. Noise. Speakers at drive-through facilities shall not be audible from adjacent residential uses or disturbing to adjacent nonresidential uses. Sound attenuation walls or other mitigation measures shall be required as necessary. 16-4 C. Hours of Operation. Limited hours of operation shall be required where a drive-through facility could affect nearby residential uses. D. Emission Control. Drive-through stacking lanes shall not be located adjacent to patios and other pedestrian use areas, other than walkways, and should be discouraged where adjacent nonresidential buildings are within 30 feet of the proposed lane. Drive-through stacking lanes shall not be located within 50 feet of any residential uses. Dgsien Review. All drive-through facilities are a minor physical improvement subject to the provisions of Chapter 25 (Environmental and Design Review Permits). Generally, the drive- through facility shall be architecturally compatible with nearby structures, provide landscaping to buffer adjacent uses, and provide adequate lighting which is shielded from adjacent properties. Trash receptacles adequate to control litter will also be required. 14.16.120 Exclusions to the Maximum Height Requirement Flagpoles, above -ground utility distribution facilities including communications towers and public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in multifamily and nonresidential districts, and architectural features such as screening for mechanical equipment, chimneys, steeples, and cupolas are not included in height calculations. Structures and architectural features which are over the height limit may require an Environmental and Design Review Permit, pursuant to Chapter 25 (Environmental and Design Review Permits). 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. 14.16.140 Fences This section establishes regulations for the height, location and materials of fences. The regulations are intended to prevent fences which are a detriment to the appearance and character of the community and to protect the public health, safety and welfare by assuring adequate sight distance at intersections and driveways. A. The following height limitations shall apply to the height of fences and walls: 1. Residential DistrictI. Fences not exceeding four feet in 4 FEET- TOr FOOT OF FENCE MUST 6E BO& OPEN height may be located within the front or street side 3 FEET— — — — — — - — 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. 2. Recreation fencEn: Fences for swimming pools are subject to the requirements of the Building Code. Fences for tennis courts may not exceed 12 feet. 3. Measurement of Heighh. The height of a fence or vegetation shall be measured from finished ground level as determined by the building or planning official. Structural and/or decorative elements may not exceed the height limits. 4. Exception. An exception to the fence height standard may be allowed, subject to the provisions of Chapter 24 (Exceptions). B. 50ht distance. Fences or vegetation that reduce visibility and the safe ingress and egress of vehicles or pedestrians shall not exceed a height of three feet within 15 feet at any intersection, or within the sight distance triangle of a driveway as determined by the Traffic Engineer. C. Permits reouired, Fences over six feet shall be subject to environmental and design review (Chapter 25). NOTE: A building permit is required for fences over six feet in height. D. Renlacement of FenW. A nonconforming fence is subject to the following regulations: 1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep the fence in sound condition. 2. Alterations and additions may be made to a nonconforming fence provided that such addition or alteration is consistent with the fence provisions. 16-5 3. No nonconforming fence shall be moved unless at its new location it conforms to the fence provisions. 4. A nonconforming fence may be replaced only if made to conform to the fence provisions. E. Prohibited Materials. In all districts, consertina wire, razor wire, broken glass on top of a fence, and electrified fences are prohibited. Barbed wire shall not be permitted where abutting residential uses. In residential districts, wire mesh, chain link and similar fences are prohibited within the front and street side yards. F. Temporary fences. Temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with the above regulations and must be immediately removed upon completion of the construction authorized by the building permit. 14.16.150 Floor Area Ratios Applicable to Nonresidential Development A. The intensity of development in commercial areas is identified by floor area ratio (FAR). The FAR is the total building square footage (gross Floor area) divided by the lot area excluding public streets. Total building square footage excludes parking areas (covered and uncovered), and non - leasable covered atriums. Floor area for permanent child care facilities in nonresidential structures may be excluded in the FAR, subject to the provisions of Chapter 22 (Use Permits). See Section G (Floor Area Ratio Limits) and Map of "Specific Areas for Floor Area Ratio Limits and Trip Allocations" for allowable FARs in nonresidential zoning districts. The maximum allowable FAR is not guaranteed, and shall be determined by the following factors: site constraints, infrastructure capacity, hazardous conditions, and design policies. B. Mixed -Use Development. 1. Commercial or Office with Residential. 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 land area of a lot is prorated between the amount of commercial and residential development. For example, Lot "X" in the R/O District (FAR is 032 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 either of the following mixed-use options, or any equivalent combination: Lot "X" Commercial Sq. FtJNo. of Units FAR/Density Option A FAR: 0.32 1,600 sq. ft commercial (5,000 sq. ft. of lot area x.32 FAR = 1,600 sq. ft.) and Lot Area/Dwelling 5units Unit: 1,000 sq. ft. (5,000 sq. ft. of lot area/ 1,000 sq. ft. = 5 units) Commercial Sq. FtJNo. of Units Option B 640 sq. fL commercial (640 sq. ft. x 32 FAR = 2,000 sq. ft. of lot area) and 8 units (8 units x 1,000 sq. ft. = 8,000 sq. ft. of lot area) 2. Industrial /Office. In East San Rafael and Francisco Blvd. West, to equalize traffic generation, a sliding scale of 0.26 - 038 FAR is applied to construction of new industrial/office structures. For example, the Industrial 0.38 FAR allows up to 25 percent office use, a higher percentage of office use requires a lower FAR, consistent with the General Plan appendices. C. Public and Ouasi-Public Use FAR._ Public and quasi -public structures have a 1.0 FAR Except for public and quasi -public structures in residential districts where the 1.0 FAR may not be exceeded, public and quasi -public structures intended for a specific purpose which requires a FAR greater than 1.0 may be built to a higher FAR if the higher FAR is necessary for health or safety purposes, subject to the provisions of Chapter 22 (Use Permits). D. Transoortation Use FAR. Transportation structures as part of a public or quasi -public use have an FAR of 1.0. Transportation structures as part of a commercial use have an FAR of 0.32. E. Water District. The FAR for the Water District, consistent with the Parks/Open Space District, is 0.1. Docks, piers and launching ramps are not included in FAR in the Water District. F. Commercial and Industrial Redevelopment.. Any commercial or industrial building larger than the FAR limit may be redeveloped consistent with section 14.16.270C(5) (Regulations Pertaining to a Nonconforming Structure). 16-6 w a Q w w VJ LL zz s z S e ¢ aaa aa, �aa.- .- In 1.4 zzzz zzz e? zzC' a 00 00 W e, -W •O O• O, •DLn N V' b z z z oen\\\,n NNSLn M NN 00 C-4 En Nen V 0 0 0 0 6 0 0 0 0 0 0 O 0 0 0 o aaa-..r. aaaaaaaa.. \\\000\\\\\\\\o 0 0 0 o zzz-oma zzzzzzzz- N Cl �-! Cl N r. Cl! Cl r-! N N fV r+ r-� .•+ Cl 16 16 6 A a�6C;16a ae+�10C3t�r.eng�n N N — •O O N — 00 N 1 00 •O N r. M N •O 00 O el el N" �Meye+'3cl q " q MNN.-.M O O O C 000000 OO OOCO a7C0 n •0 = cuar -- :ry •^ar cu v a w CUB P4 0 ] U 11 04 0 U m i7 a -o a 0 o (U m m m m U a0 a0 0 0 U U P40 0 U a0 0 U b i� m 'ta m w K C K G C G �'� w �`'� ?.`id a. eo a � t� d �.� C m CU C11 U au (U b 'O a au a ar v .� O b v w ami .a G C N ^, �. y 'v d •O En U en \ V U\ 4 X d v- (u w� U a�'i C7 4 04 a 04 04 In \ 1w En C7 `roC, C7 N\ 4 N\ {. 'E N (� C (j ani N X r�a. w 7 X aj 7 X a, '0 p X ar 0 X v r m 00m 00z z 5 u Z z z z E 0 425m050m0Z yL ro ro cu uz roR. A b U u u ro �ra v3 � + E u x os s 3 s x v b(U v b v a z ui t c to O O Z �i P YJ O .r7 � N W W 0 W Z O C] W fc. W W z a z 0 z 0 .. u U w O a u � 4® 1� } 10 14.16.160 Gasoline Stations This section establishes regulations for the location, design, and operation of gasoline service stations. The regulations are intended to assure the compatibility of such uses with existing and planned uses in the surrounding area and to protect the public health, safety and welfare by assuring adequate numbers of service stations which afford equal access to the public, including the elderly, the handicapped and visitors in need of minor automobile repair through the provision of attended fuel pumps and mechanic's bays. A. A Use Permit shall be required for any gasoline service station permitted under the regulations of the zoning district in which it is located, including those which are to be: 1. Newly constructed; 2. Reopened after operations, including any required cleanup operations, have ceased for a period greater than nine months; 3. Remodeled to include any of the following: non -automotive retail sales other than those of an incidental nature not occupying an area open to the public greater than 100 square feet; a car wash; or, additional service islands or mechanic's bays; or 4. Converted from one type of station to another so as to delete either or both of the following: pump(s) labeled "full-service," "mini -service" or otherwise marked so as to indicate the availability of attendant assistance in pumping fuel; or mechanic's bay(s) in which emergency repairs by a mechanic are available. B. Conditions of Anoroval. In approving a Use Permit for a gasoline service station the Planning Commission may impose reasonable conditions. Such conditions may include the required posting of signs informing motorists of the location of the nearest facility offering the services listed. C. Findines. The Planning Commission may issue a Use Permit for a gasoline service station if the following finding can be made: that the proposed gasoline service station will not significantly adversely affect the public health, safety or welfare in terms of discrimination against individuals needing refueling assistance and the availability of minor emergency automobile repair services and public restrooms. 14.16.170 Geotechnical Review Development applications require geotechnical reports consistent with the Geotechnical Matrix in the General Plan Appendices to assess such hazards as potential seismic hazards, liquefaction, landsliding, mudsliding, erosion, sedimentation and settlement, and hazardous soils conditions to determine the optimum location for structures, to advise of special structural requirements, and to evaluate the feasibility and desirability of a proposed facility in a specific location. 14.16.180 Hazardous Soils Conditions New development on lots filled prior to 1974 or on lots which were used for auto service uses, industrial uses, or other land uses which may have involved hazardous materials shall be evaluated for the presence of toxic or hazardous materials prior to development approvals. The requirements for review are set forth in the Geotechnical Review Matrix in the General Plan. 14.16.190 Height Bonus A. Downtown Housine. A one-story bonus, up to four stories, may be granted by the City Council for developments in the Downtown Area on lots greater than 20,000 square feet where 25 percent or more of the units are for low income households, and where the design criteria can be met. B. Lincoln Avenue Housine Bonus. A 48 foot height limit may be granted for residential developments on Lincoln Avenue, consistent with Section 14.16.090 (Density Bonus). 14.16.200 Hillside Residential Development Standards On new residential structures, accessory structures, additions over 500 square feet in size, and any modification that increases the height of the roofline on such structures which are located on lots with an average slope greater than 25 percent or which are in the Hillside Resource Residential or Hillside Residential General Plan land use districts, the standards of Chapter 12 (Hillside Development Overlay District) apply. 16-10 f 14.16.210 Historic Preservation Alteration of a structure on a landmark site or in a historic district may be subject to a Certificate of Appropriateness and review by the Cultural Affairs Commission, consistent with the requirements of Chapter 2.18 (Historic Preservation) of the Municipal Code. 14.16.220 Home Occupations A. Purpose. This section establishes standards for home occupation businesses. In general, a home occupation is an accessory business use in a residence, so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted elsewhere in this section. The standards for home occupations in this section are intended to insure compatibility with the residential character of the neighborhood, plus assure that home occupations are clearly secondary or incidental in relation to the primary residential use. B. Definition. A home occupation is defined as follows: A home occupation is an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom reside within the dwelling unit. The use is dearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the neighboring residences. When a use is a home occupation, it means the owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so. C. Standards. Home occupations are permitted residential accessory uses in any zoning district which allows single-family, duplex or multi -family residential uses provided that all of the following standards are met: 1. Such occupation(s) shall be conducted solely by resident occupants in their residence. 2. No more than twenty-five (25) percent of the gross area of said residence shall be used for such purpose. An accessory structure shall not be used for home occupation purposes. Use of a recreational vehicle or garage for a home occupation is prohibited. 3. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located. 4. There shall be no outside storage of any kind related to the home occupation(s). 5. The home occupation(s) shall be operated to allow no more than one client at a time on-site. Appointments shall be scheduled at reasonable intervals to maintain a low -intensity use and avoid client waits. The home occupation(s) may increase vehicular traffic flow and parking by no more than one additional vehicle at a time. 6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists. 7. All home occupations shall be subject to all conditions which are applied in this Title 14 generally, such as off-street parking; and to all other permits required under the City Code, such as building permits and business licenses. D. Namenlate Allowed. Up to one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones - Realtor). It shall not exceed one (1) square foot in area, shall be non -illuminated, and attached Flat to the main structure or visible through a window. The limitation to one nameplate applies to all lots, including corner lots. E. Examoles of Uses that Freauently Oualifv as Home Occupations., The following are typical examples of uses which often can be conducted within the limits of the restrictions established in this chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a home occupation): accountant, architect, artist, attorney-at-law, author, beautician/barber, computer repair, consultant, individual musical instrument instruction, individual tutoring, insurance, radio repair, realtor, seamstress/ tailor, small appliance repair, television repair. 16-11 i Uses that are Prohibited. The following uses by the nature of the business or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby substantially Impair the use and value of a residential area for residence purposes. Therefore the uses specified below shall not be permitted as home occupations: auto repair, minor or major; carpentry; dance instruction; dental offices; medical offices; painting of vehicles, trailers or boats; photo -developing; photo studios; private schools with organized classes; upholstering; fortune-telling. 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 within a reasonable period. 14.16.240 Manufactured Homes A. Purse. In order to increase the supply of housing and variety of housing types available to the public, manufactured homes are permitted within all zoning districts which allow single- family dwellings, consistent with meeting certain standards: B. Compatibility Standards. A manufactured home may be used for residential purposes in an R district if the Planning Director determines, prior to issuance of any building permit that the following standards are met: 1. The lot and structure meet all the property development standards and requirements of the district. 2. The home is to be used as the principal dwelling unit. (NOTE: a manufactured home may not be used as a second or additional unit). 3. The home is attached to a permanent foundation system which conforms to State and local code requirements. 4. The home meets the standards set forth in the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.). 5. The roof and exterior siding and trim are of materials and treatment compatible with adjacent residential structures. 6. The roof overhang shall not be less than twelve inches. This requirement may be modified where eaves of surrounding homes are less than twelve inches. C. Other Reauirements. 1. A manufactured home is also subject to any design requirements which would be required of a single-family home on the same lot. 2. A manufactured home in a nonresidential zoning district is subject to section 14.17.130 (Temporary Uses). 14.16.250 Motor Vehicle Maintenance and Storage in Residential Districts In any residential district a person residing on a lot may service, repair, or restore motor vehicles and store such vehicles, related equipment and parts, consistent with the following requirements: A. The vehicle, part or item is owned by a person who resides on the same lot. B. No more than two vehicles may be worked on at one time. C. Motor vehicle work shall be permitted only between the hours of 9 A.M. and 10 P.M. D. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or sewer system E. Motor vehicle work and storage of cars being worked on shall be located within a garage or other paved parking area, provided that when the vehicle is not being worked on the vehicle and all parts and equipment shall be screened from off-site view. F. Emergency motor vehicle work may be performed where otherwise prohibited by this section provided such activity shall not be conducted more than two consecutive days. 16-12 G. Notwithstanding anything to the contrary herein, no such work shall be permitted which creates a nuisance as defined in Section 415 of the State Penal Code. H. A person may store a vehicle(s) which cannot be legally, safely, and mechanically operated upon a public highway provided that: 1. It is located within a garage or on a paved parking area and the vehicle is screened from off- site view; and 2. On a single-family or duplex lot, the front yard paved parking area is a one to two car driveway plus a paved area no greater than 12 feet wide between the driveway and the nearest side property line. Paved parking areas may also be located in the rear or side yards; or 3. On a multifamily lot, paved parking areas are designated parking spaces. 14.16.260 Noise Standards Any new development located in a "conditionally acceptable" or "normally unacceptable" noise exposure area, based on the Land Use Compatibility Chart standards in the General Plan, shall require an acoustical analysis. Noise mitigation features shall be incorporated where needed to assure consistency with General Plan standards. New construction is prohibited in noise exposure areas where the Land Use Compatibility Chart indicates the noise exposure is "clearly unacceptable" A. Residential Develooment. The following standards apply to residential development: 1. Acoustical studies shall be required for all new residential development within projected 60 dBA (Ldn) noise contours so that noise mitigation measures can be incorporated into project designs. 2. Usable outdoor area in low and medium densitv districts shall be 60 dBA (Ldn) or less. 3. In hieh densitv and downtown residential districts, residential interior standards shall be met, and common common usable outdoor areas shall be designed to minimize noise impacts. Where possible, a 60 dBA (Ldn) standard shall be applied to usable outdoor areas. 4. interior noise standards for new single-family residential and residential health care development shall be 40 dBA (Ldn) for bedrooms and 45 dBA (Ldn) for other rooms. New hotels and motels shall meet a 45 dBA (Ldn) standard. For new multi -family development, hotels and motels, interior noise standards shall be described by State Administrative Code standards, Title 25, Part 2. 5. Noise standards shall be applied to multi -family remodelling requiring major environmental design review permits. 6. Post -construction monitoring and approval by an acoustical engineer shall be required in residential development near high noise sources to insure that City standards have been met. Development Adiacent to Residential Areas. New nonresidential construction adjacent to residential areas shall not increase noise levels in a residential area by more than 3 dBA (Ldn), or create noise impacts which would increase noise levels to more than 60 dBA (Ldn) at the boundary of a residential area, whichever is the more restrictive standard. This standard may be waived by the Planning Director if, as determined by a noise analysis, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected. C. Development Adiacent to Commercial. Mixed Use. and Industrial Districts. New nonresidential development shall not increase noise levels in a commercial area by more than 5 dBA (Ldn), or create noise impacts which would increase noise levels to more than 65 dBA (Ldn) for Office, Retail, or mixed use districts, or 70 dBA (Ldn) for Industrial Districts, at the property line of the noise receiving use, whichever is the more restrictive standard. This standard may be waived by the Planning Director if, as determined by a noise analysis, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected. D. Traffic Noise Mitieation. A 65 dBA (Ldn) level is considered an acceptable upper limit for existing residences constructed before July 1988. Where exterior levels are 65 dBA (Ldn) or greater at the face of a residential building, and traffic noise level increases of more than 3 dBA (Ldn) affecting residential areas will be created by a program or development, reasonable noise mitigation measures shall be included in the program or development which is creating the increase. 16-13 14.16.270 Nonconforming Structures and Uses A. Purpose. Within the districts established by this ordinance or amendments thereto, there exist structures, uses of land, and characteristics of use which were lawful prior to the adoption of or amendment to this Title, but which fail, by reason of such adoption or amendment, to conform to the present requirements of the zoning district. It is the purpose of this ordinance to: 1. Permit nonconforming structures to remain and to allow for their regular maintenance and repair, under the regulations herein contained. Limit the number and extent of nonconforming structures by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Title, and by regulating their restoration after major damage. 3. Limit the number and extent of nonconforming uses by regulating their enlargement, their re- establishment after abandonment, and their restoration after major damage of the structures they occupy. Continuation of a Nonconformine Structure or Use, The lawful use of a structure or land, in existence and lawfully operating, although such structure or use does not conform to the regulations for the district in which it is located, may be continued provided that: 1. such structure or use was legally in existence at the time of the passage of this Title; or, 2. such structure or use was legally in existence at the time of the adoption of any amendment to this Title, but by such amendment such structure or use is not otherwise permitted; or, 3. such structure or use was legally in existence at the time of annexation to the City, and has since been in regular and continuous use. Change of ownership, tenancy, or management of a nonconforming structure use shall not affect its status as a legal, nonconforming structure or use. C. Reeulations Pertainine to a Nonconformine Structure 1. Ordinary maintenance and repairs may be made to a nonconforming structure as required to keep the structure in sound condition. 2. Alterations and additions may be made to a nonconforming structure provided that there shall be no increase in the discrepancy between existing conditions and the standards for the district. 3. No nonconforming structure shall be moved unless at its new location it conforms to the standards for the district. 4. A nonconforming structure damaged or destroyed to the extent of 75 percent or less of the current market value may be repaired or replaced in its existing location, provided such restoration is started within a period of one year and is diligently prosecuted to completion. 5. A nonconforming single-family residential structure damaged or destroyed to the extent of more than 75 percent of the current market value may be repaired or replaced provided a building permit is obtained for such restoration within a period of one year, the restoration is diligently prosecuted to completion, and the structure is made to conform to all regulations of the district in which it is located; or, to the original condition provided that the building size is no greater than that which existed and the design is similar. An Administrative Design Permit is required for any design changes. Such design changes should improve the architectural design of the structure or site design of the development. All other nonconforming structures damaged or destroyed to the extent of more than 75 percent of the current market value may be repaired or replaced provided a Use Permit is obtained for such restoration within a period of one year, restoration is diligently prosecuted to completion, and the structure is made to conform to all regulations of the district in which it is located; or, to the original condition provided that a Use Permit is issued by the Planning Commission after finding that: The parking is consistent with Chapter 18 (Parking Standards), and the design is compatible with the neighborhood in which it is located. 16-14 W, b. in the Commercial, Office, mixed-use, or Industrial Districts, no intensification of use is proposed. D. Reeulations Pertainine to a Nonconformine Use 1. All Use Permits which were valid at the time this Title went into effect shall be valid and remain in force and effect for the terms and subject to the conditions contained therein. 2. A nonconforming use shall not be permitted to increase in intensity of operation. An increase in intensity shall include but not be limited to, extended hours of operation, substantial remodeling, or an increase in number of seats or service area for bars and restaurants. 3. The nonconforming use of a structure or portion of a structure shall not be expanded into any other portion of the structure nor changed except to a conforming use. The nonconforming use of land shall not be expanded or extended in area nor changed except to a conforming use. Nonconforming uses inherently consumptive of land (e.g., quarries) may be expanded, to the extent permitted by permits and other regulations in effect at the time of use approval. 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 six 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. 6. If any structure which is occupied by a nonconforming use is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulation specified by this Title for the zoning district in which such land is located. 7. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate. 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 restoration is started within six months and diligently pursued to completion. 9. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of 50 percent or more of the current market value may be restored (subject to the limitations of section (C) above) and the subsequent use of land on which the structure was located shall be in conformity with the regulations specified by this Title for the zoning district in which such land is located. E. Determination of Value. Estimates for the purpose of determining the extent of damage or partial destruction shall be made by or shall be reviewed and approved by the Planning Director. 14.16.280 Satellite Dishes in Residential Districts The intent of these regulations Is to locate satellite dishes where they are least visible from public rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. The intent is not to impose unreasonable limitations on reception, although the City recognizes that to ensure aesthetic values, perfect and/or unlimited reception may not be possible. To ensure that satellite dishes do not have an adverse impact on the public safety and aesthetic values in the City's residential neighborhoods, installation of these dishes shall meet the following standards. A. Only one satellite dish is permitted on a lot. B. Location in any required yard adjacent to a street is prohibited unless the dish is not visible from the street. C. The satellite dish shall meet the setback and height requirements for accessory structures, except that any satellite dish which is higher than eight feet shall meet the setback requirements for the District. D. The satellite dish shall be mounted on the ground. E. The satellite dish shall be screened from view from a public or private street. 16-15 F. The satellite dish shall be finished in a color to blend in with the immediate surroundings. Requests for modifications from the above standards will be referred to the Planning Commission for review and determination. 14.16.290 Shoreline Embankments Rock rip rap, or clean, sized concrete with rock rip rap facing shall be used on the outside face of levees facing the bay whenever levee improvements are required. 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: 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. No small lot shall be further reduced in area or width, except as required for public improvements. Small lots which are contiguously owned are subject to the merger provisions of the State Subdivision Map Act. This section does not apply to the PD district. 14.16.310 State Lands Commission Title Claims (Allardt's Canal) Where development is proposed within Allardt's San Rafael Canal (see map), public trust title claims shall be resolved consistent with State Law, subject to approval of the State lands Commission. 14.16.320 Swimming Pools and Hot Tubs No swimming pool shall encroach into any front yard setback. No hot tub shall encroach into any required front yard setback or be less than five feet away from any property line. No pump or filter installation shall be less than five feet from any property line. If a pump or filter is located within 15 feet of any bedroom window on an adjacent lot, a three -sided solid enclosure with baffles to screen the equipment from the bedroom, or equally effective measure(s), shall be provided to reduce noise impact. 14.16.330 Transfer of Density Among Properties A. Unioue or Soecial Circumstances. Transfer of density among properties shall not be permitted except in cases where there are unique or special circumstances (such as preservation of wetlands, or historic buildings identified in the San Rafael Historic Building Inventory) which would cause severe environmental impacts if the transfer were not allowed. B. Use Permit Reauired. Transfer of density among properties shall be reviewed by the Planning Commission through the Use Permit process. C. Aunlication. Applications for Use Permits for transfer of density among properties shall include but not be limited to the following information: 1. Affidavits of consent from owners of all donor and receiving properties; 2. A calculation of the floor area ratio and/or density to be transferred; 3. A description of the proposed dedication, easement or covenant. D. Findings. In order to approve a transfer of density among properties, the following findings shall be made: 1. All of the findings required for a Use Permit listed in Chapter 22 (Use Permits). 2. There are unique or special circumstances (e.g. significant wetland, or historic building identified in the Historic Building Overlay District) which exist on the subject property which would cause severe environmental impacts or degradation of historic value of a building or property if the transfer were not allowed. 3. Proposed development for the receiving property shall be compatible in scale and design with surrounding properties. 16-16 ff 00 No. Yl)bS �o 16-17 J Q Z Q U o C Jo L wm L W o -Q Q N U '• Z - OHO w Q N c u% ._ osD 2 e cd' o ac Q o— 'yi -coo It w Q ow� O C 11 � O — �/--' Q bm 'o v � Qc c oc1- I O �m L� o o- 00 Om oLa N^Q U o„ alp J ov 0 y.• a i Nm o: o 0 rvc oco Z= / w -a— e u Q n• ov. 0 Z f"o �Fv _ >ecE x w Om u SQL m ss� a mm o d ~ o. e' " Q N ul LL O O O O s�i PSEo i=°s= K E. Conditions of Aooroval. A Use Permit approving a transfer of density among properties shall contain as condition(s) of approval the requirement of adequate mechanisms such as a recorded restrictive covenant which runs with the donor and receiving tracts, or equally effective mechanisms, to ensure permanent accountability of the density transfer. The mechanism shall affect all properties involved in the transfer of density. 14.16.340 Transfer of Density On -Site A. Uniaue or Snecial Circumstances. Density permitted on a portion of a lot may be transferred and built on another portion of the same lot only in the following unique or special circumstances: 1. To preserve sensitive site resources on a lot in a residential district, provided that there is adequate infrastructure to serve the development and that the development is consistent with design policies and with prevailing densities of adjacent development. 2. To secure public recreation facilities on surplus Dominican College land to serve the Dominican and Montecito neighborhoods. 3. To retain school site public recreation and child care facilities in accordance with priorities in the General Plan. 4. To achieve development on downtown lots split by Floor Area Ratio designations which is compatible in scale with surrounding development. B. Environmental and Design Review Permit Reauired. Transfer of density on-site shall be reviewed and approved by the Planning Commission through the Environmental and Design Review Permit process. 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 Blvd. West areas, office and light industrial /office buildings may contain up to 15 percent incidental employee -serving retail and service uses without modification of trip allocations. B. Imolementation Procedures., Proposed land uses must be consistent with and not exceed the trip allocation specified in the General Plan Appendices. The City Traffic Engineer shall review traffic analyses for the proposed development against trip allocations specified in the General Plan. The determination of compliance/non-compliance with the property trip allocation by the City Traffic Engineer shall be made prior to any decision by the Planning Commission or City Council on a zoning permit application, and shall be submitted as part of the staff report on such development for consideration by the decision-making body. In some cases, development which meet the traffic allocation specified in the General Plan Appendices may be subject to the Priority Projects Procedure. In this procedure, development compete for the limited interim circulation capacity available within the adopted Level of Service standard, until needed circulation improvements can be completed. (For more information on the Priority Projects Procedure, contact the Planning Department.) Any unused trips after development approvals shall be placed in a General Trip Reserve, unless the development approval specifies that unused trips shall remain with the land or development for the purpose of future intensification. The Planning Director shall be responsible for maintaining an up-to-date record of trip allocations based on development approvals and General Plan amendments. The General Plan Appendices shall be updated periodically to reflect such changes. 16-18 C. Trio Permits Under limited, special circumstances, application for a trip permit may be made to transfer trips among private properties held in common ownership, or to obtain trips reserved for high priority uses as specified in the General Plan. For more information on trip transfers or bonus trip allocations, see Chapter 26 (Trip Permits). 16-19 Chapter 17 Performance Standards Sections: 14.17.010 Specific Purposes 14.17.020 Animal Keeping 14.17.030 Emergency Shelters for the Homeless 14.17.040 Family Day Care Home, Large 14.17.050 Food Service Establishments, Offices and Financial Institutions in the Downtown Core Commercial District 14.17.060 Fortunetelling 14.17.070 Game Arcades 14.17.080 Mobilehome Parks 14.17.090 Motor Vehicle Repair Uses (Major or Minor) 14.17.100 Residential Uses in Commercial Districts 14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction With Food Service Establishments 14.17.120 Second Dwelling Units 14.17.130 Temporary Uses 14.17.010 Specific Purposes Performance standards provide criteria for issuing administrative use permits and certain other use permits. (See Chapter 21 for additional information on the administrative use permit process.) The performance standards listed in this Section are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the General Plan. 14.17.020 Animal Keeping A. Pulses. Performance standards related to non-commercial animal keeping protect the public health, safety and general welfare by limiting numbers of animals which may be kept, maintaining sanitary and humane conditions for animals, and limiting potential nuisance factors which may result from the keeping of animals. B. Aoolicability. Performance standards for the non-commercial keeping of animals, including mammals, birds, reptiles, and bees unless specifically exempted by this ordinance section shall apply throughout the City of San Rafael. (See list of exemptions below.) An administrative use permit shall be required for the keeping of animals within the City of San Rafael. The following animals are exempt from these regulations: 1) Domestic cats 2) Domestic dogs, not including wolf -hybrids 3) Soft -billed birds (mynah, tucan, tucanettes) 4) Birds of the Psittacinae family (parrots, parakeets, love birds) 5) Doves, pigeons, quail, finches, canaries 6) Hamsters, guinea pigs, pet mice, pet rats, pet rabbits 7) Non-native nonpoisonous snakes, chameleons and iguanas 8) Hens, up to four in number on any lot of land 9) Potbellied pigs C. Standards., The following performance standards shall apply to the keeping of one or more horse, mare, mule, jenny, donkey, ass, colt, filly, bull, cow, calf, goat, pig or sheep: 1. Minimum area for keeping the animal(s) is more than 10,000 square feet. 2. The closest point of the area where the animal(s) is to be kept is: a. More than 35 feet distant from any dwelling on the same premises; and b. More than 70 feet distant from any dwelling unit or any building used as a church or school. Bees and other non-exempt animals are subject to individual case review, and may be subject to the following types of standards: 17-1 3. Requirements for fences or fenced stockade areas. 4. Requirements regarding provision of food and water supply, such as supply locations, requirement for closed, rodent -proof containers, etc. 5. Requirements to secure or sequester animals in shelters during specified hours of the day or night to minimize possible noise impacts. 6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces and urine. 7. Requirement that all places and premises where the animal is to be kept shall be open at all reasonable times and places to the inspection of the Planning Director, the Poundkeeper and the County Health Officer. 8. Verification of receipt of appropriate California Department of Fish and Game permits. In approving the application for an administrative permit for the keeping of animals the Planning Director may impose additional conditions that are deemed necessary to ensure the permit will be in accordance with the findings required by Section 14.21.080. D. Findings. In order to grant an administrative permit for the keeping of animals the following findings shall be made: 1. -Compliance with Anolicable Laws. The keeping of the animal(s) will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law. 2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment. 3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property. 4. Flies. The keeping of the animal(s) will not cause or result in Flies or other insects adversely affecting the enjoyment of nearby property. 5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property. 6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances. 7. Public Health. Sanitation. Safetv, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents. 14.17.030 Emergency Shelters for the Homeless A. Purpose. Standards for permanent emergency shelters for the homeless ensure that shelters shall be developed and maintained in a manner which protects the health, safety and general welfare of nearby residents and businesses, while providing for the needs of a needy segment of the community. Standards ensure that the establishment of emergency shelters for the homeless do not adversely impact adjacent lots or the surrounding neighborhood. These standards may be used as general guidelines for temporary or rotating shelter programs. However, strict application of the standards for permanent shelters to temporary or rotating shelter programs will not be made. Temporary or rotating shelter programs are not expected to provide permanent facilities such as laundry or shower facilities. However, provision of services is encouraged to the greatest extent possible. B. ADDlicability. Standards for permanent emergency shelters for the homeless shall apply in any district in which permanent emergency shelters for the homeless are a conditional use. Standards for emergency shelters for the homeless shall be applied through the use permit process. These standards shall also be used as general guidelines in the review of temporary or rotating shelter programs. Strict application of the standards for permanent emergency shelters is not feasible in the case of temporary or rotating shelter programs. Temporary or rotating shelters are not expected to provide all facilities (such as showers or laundry facilities) but are generally expected to comply with requirements related to program services and rules regarding shelter operation. 17-2 C. Standards. Performance standards for emergency shelters shall be those as adopted by Resolution $739 or subsequent. 14.17.040 Family Day Care Home, Large Purpose. These standards allow large family day care homes for children to locate in residential neighborhoods. Large family day care homes for children give children a home environment conducive to safe and healthy development. The standards regulate potential traffic and noise impacts related to the operation of large family day care homes to ensure that these uses do not adversely impact the adjacent neighborhood. ADDlicability. Performance standards for large family day care homes apply in all residential zoning districts and other districts which permit residential uses. Compliance with performance standards shall be reviewed through the administrative use permit process. C. Standards. 1. Fences and Walls. For purposes of noise abatement, a six foot high solid fence shall be constructed on rear and side yards. Fences may not exceed the fence height limit within the required front yard. All fences shall provide for safety with controlled points of entry. Materials, textures and colors and design of the fence or wall shall be compatible with on- site development and adjacent properties. 2. Outdoor Plav Area. For purposes of controlling noise and maintaining the privacy of neighbors, any stationary play equipment shall not be located in required side yards. 3. Outdoor Activity. For the purposes of noise abatement, outdoor activities may only be conducted between the hours of 7:00 A.M. to 9:00 P.M. 4. Parking. On-site parking for large family day care homes shall not be required except for that required for the residential use. A minimum of two spaces is required in all cases. 5. Passeneer Loadine. A passenger loading plan approved by the City Traffic Engineer shall be required. 6. Lighting. Passenger loading areas shall be illuminated to the satisfaction of the Police Department. The lighting shall be directed away from adjacent properties and shall be of comparable intensity compatible with the neighborhood. 7. State and Other Licensine, All family day care facilities shall be State licensed and shall be operated according to all applicable State and local regulations. 14.17.050 Food Service Establishments, Offices and Financial Institutions in the Downtown Core Commercial District A. Purposes. Concentration limits on new food service establishments, and first floor offices and financial institutions in the Downtown Core Commercial District (DCC) are intended to promote retail uses by dispersing new restaurant, office, and financial institution locations throughout the downtown to avoid clustering of these uses, and by promoting a pedestrian - oriented retail environment. To encourage retail uses, performance standards limit the total amount of street frontage devoted to restaurant, office, or financial institution uses on each block, and restrict such uses from locating on street comers which have potential for retail frontage on two streets. To foster a pedestrian -oriented streetscape, exterior design of new or remodeled food service establishments, offices, and financial institutions shall comply with the design requirements of the Downtown Review Overlay District. B. ADDlicability. Performance standards for food service establishments shall apply in the Downtown Core Commercial District (DCC District). 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 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 food service establishments in the DCC District shall be administered through the administrative use permit process for those food service establishments with incidental serving of beer or wine and without a cocktail lounge, live entertainment, or dancing. For food service service establishments in the DCC District which require a Use Permit (i.e., those with a cocktail lounge, live entertainment, or dancing), the standards shall be administered through the use permit process. (Conditions of approval for food service establishments subject to use permit approval shall not be limited to the standard 17-3 specified below.) Performance standards for offices and financial institutions shall be administered through the administrative use permit process. Existing food service establishments, and 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 concentration limits. The following concentration limits shall apply to all new proposed street -level food service establishments, and new offices and financial institutions at street -level street frontage locations, in the DCC District after this date. C. Standards. 1. On a single side of a street frontage, food service establishments shall not exceed 40 percent of the linear street frontage per block. On a single side of a street frontage, offices shall not exceed 10 percent of the linear street frontage per block. On a single side of a street frontage, financial institutions shall not exceed 30 percent of the linear street frontage per block. 2. In addition to this limit, in no case shall retail and personal service uses constitute less than 50 percent of the linear street frontage per block. 3. New food service establishments, offices, and financial institutions shall not be located on street corners (except for restaurant locations grandfathered -in and restaurants which include more than 50 percent retail floor area). 4. Exterior design of new or remodeled food service establishments, offices, or financial institutions shall maintain a pedestrian -oriented streetscape. 14.17.060 Fortunetelling A. Pu se. Performance standards for fortunetelling ensure Police Department review and background investigations of prospective fortunetelling businesses, consistent with Municipal Code Chapter 8.12. Police Department review is required in the interest of public health, safety and welfare due to potential criminal activities, including theft by fraud, deceit, false pretenses, trick or device which may be associated with such businesses. B. Aonlicability. Performance standards for fortunetelling shall apply in any district in which fortunetelling is a conditional use. Compliance with performance standards shall be reviewed through the administrative use permit process. C. Standards, 1. Police Department Permit. Review and approval by the Police Department is required for any proposed fortunetelling use. 2. Ooeration. The proposed fortunetelling operation shall conform with all of the provisions of the Municipal Code pertaining to such uses (Municipal Code Sections 8.12.050 through 8.12.060, inclusive) to the satisfaction of the San Rafael Police Department. 3. Parking. Fortunetelling uses shall provide parking consistent with Chapter 18 (Parking Standards). Fortunetelling uses shall be considered equivalent to a personal service use for the purposes of determining parking requirements. 4. 5jZns. Signs for fortunetelling businesses shall conform with Chapter 19 (Signs). 14.17.070 Game Arcades A. Pu_Mpse. Standards for game arcades with coin-operated amusement devices ensure that such facilities coexist harmoniously with other uses in the neighborhood in which they are located. Performance standards for game arcades are intended to prevent the occurrence or increase in the incidence of loitering, vandalism, pedestrian obstruction, excessive noise, or any other activity that may have an adverse effect on adjacent or nearby properties, residences or businesses. B. Aoolicability. Performance standards for game arcades with coin-operated amusement devices shall apply in any district in which game arcades are a conditional use. Compliance with performance standards shall be required and reviewed through the use permit process. Initial use permits shall be granted by the Planning Commission for periods of no more than six months. The Zoning Administrator may approve time extensions to the initial use permit. C. Findings. In approving initial use permits and time extensions for game arcades with coin-operated amusement devices findings must be made that the use will not or has not created or increased the incidence of loitering, vandalism, pedestrian obstruction, excessive noise, or any 17-4 other activity that may have an adverse effect on adjacent or vicinity properties, residences, or businesses. D. Standards 1. Proximitv to SchoQJL Game arcades shall not be located within 300 feet of a public or private grammar, middle or high school. 2. P ra kine. One vehicular parking space shall be provided for each five win -operated amusement devices. 3. Bicvcle Parkine. One on-site bicycle parking space shall be provided for each two coin- operated amusement devices. Bicycle parking shall be in bicycle racks or stands and shall not obstruct required exits. Bicycle parking may be required inside buildings if no acceptable outside area exists on-site. Bicycle parking may be waived for "adults only" establishments. 4. Hours of Operation. Hours of operation shall be established on a case-by-case basis; however, the maximum closing time that may be granted shall be 11:00 P.M. The Planning Commission may grant exceptions to this limitation for "adult only" establishments or when it is demonstrated that the use is clearly ancillary to another use. 5. Initial Use Permit: 6 -Month Review Period., Use permits shall be granted for periods of no more than six months initially. The Zoning Administrator may approve extensions upon demonstration of compliance with these standards. 6. Police Deo_ artment Review. Police Department review and approval is required for any proposed game arcade with coin-operated amusement devices consistent with Municipal Code Chapter 10.40. 14.17.080 Mobilehome Parks A. Purpose. These provisions will promote diverse housing opportunities by encouraging the creation of stable and attractive residential environments within mobilehome parks and provide for a desirable transition to the surrounding residential areas. B. Aoolicabilitv. Standards for mobilehome parks apply in any district in which mobilehome parks are a conditional use, and shall be applied through the use permit process. C. Standards. 1. Densitv and Development Standards. Mobilehome parks shall conform with all density and development standards of the General Plan and zoning district in which it is located, as well as with applicable provisions of the California Health and Safety Code and the regulations set forth in Title 25, Chapter 5 of the California Administrative Code. The yard and setback standards of the District shall apply to the perimeter property line of the lot or lots of record, taken as a whole, on which a mobilehome park is proposed. 2. Mobilehome Lot Identification. Each lot line shall be permanently marked consistent with the Title 25, Chapter 2 of the Mobilehome Parks Act. Consistent with the requirements of Title 25, adjustment of a lot line may be permitted after obtaining written authorization of the occupant(s) of the affected mobilehome lot(s) and upon approval of a Minor Environmental and Design Review Permit. 3. Setbacks. A manufactured home and all accessory structures shall be located in compliance with the Mobilehome Parks Act setback and separation requirements. 4. Storage. In order to provide adequate storage for large items, such as boats, campers, and park maintenance vehicles, a minimum of 100 square feet of screened parking area shall be provided. 5. Usable Outdoor Area. A usable outdoor area shall be provided consistent with the requirement of the zoning district in which it is located. 6. Parking. Parking shall be provided as required in Chapter 18 (Parking Standards). 7. Environmental and Desien Review. A mobilehome park is a major physical improvement subject to Chapter 25 (Environmental and Design Review Permits). 8. Landscavine. Landscaping shall be provided consistent with the requirement of the zoning district in which it is located. 17-5 9. Lighting. Park lighting shall be provided consistent with the requirements of the Mobilehome Parks Act. 10. Utilities. All utilities shall be underground. 14.17.090 Motor Vehicle Repair Uses (Major or Minor) A. Purpose, Standards for motor vehicle repair uses mitigate potential noise, fumes, litter and parking problems associated with motor vehicle repair facilities. The standards ensure that motor vehicle repair uses operate harmoniously and are compatible with adjacent and surrounding uses. In addition to these standards, motor vehicle repair uses must meet applicable Federal, State and local regulations regarding storage, recycling and disposal of hazardous wastes. B. Applicability. Performance standards for major or minor motor vehicle repair uses shall apply in any district in which a motor vehicle repair use is a conditional use. Performance standards for motor vehicle repair uses shall be administered through a use permit or an administrative use permit process as specified in the land use regulations for Commercial Districts (Chapter 5) and for Industrial Districts (Chapter 6). C. Standards 1. Spraying. All spraying operations are to be conducted within a spray booth which has been approved by the City Fire Marshall. 2. Location of Repair Work. All repair work shall take place entirely within the building. 3. Vehicle Storage. All vehicles which are visually damaged, disabled or visually in the process of repair shall be stored and/or worked upon in a location on-site that is not visible from off-site. Vehicles not visually damaged, waiting to be repaired, or waiting to be picked up after repair, shall be stored on-site but may be visible from off-site; or, in lieu of said on-site parking, alternate parking of appropriate size and within 500 feet may be substituted provided that at the time a business license in issued or renewed, a lease for said parking concurrent with the term of the business license is submitted. Where non -administrative use permits are required, parking lot screening and landscape standards (Section 14.18.160) shall be used as guidelines in project review. 4. Outside Stora=. There shall be no outside storage of materials or equipment unless screened from view in a manner approved by the Planning Director. 5. Parking. Parking for motor vehicle repair uses shall be consistent with Chapter 18 (Parking Standards). 6. Waste Disnosal. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or sewer system. 14.17.100 Residential Uses in Commercial Districts A. Purpose. The purpose of this section is to ensure that residential uses in commercial districts are not adversely impacted by adjacent uses. Residential uses are encouraged in the Downtown area and in mixed use development to meet local housing needs and because of the environment they create. However, potential traffic, noise, and safety impacts related to commercial uses may impact nearby residential uses. The proximity of residential and commercial uses require that special regulations be imposed in the interest of businesses and the residents of the housing units. B. Anolicabilitv. Performance standards for residential uses in commercial districts shall apply in the DCC, NC, C/O, and R/O Districts. Performance standards shall be applied through an administrative use permit in the DCC, C/O and R/O districts, or a use permit in the NC district. C. Standards 1. Location. In the DCC and C/O districts, residential units may be located above the ground floor, and on rear portions of the ground Floor provided they maintain viable retail space along the street frontage. Location of residential units in the NC district shall be determined through project review. 2. Access. Residential units shall have a separate and secured entrance and exit. 17-6 3. Parking. Residential parking shall comply with Chapter 18 (Parking Standards). 4. Noise. Residential units shall meet the residential noise standards in Section 14.16.260 (Noise Standards). 5. Lighting, All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the Police Department. The minimum of one foot candle at ground level shall be provided in all exterior doorways and vehicle parking areas. 6. Refuse Storaee and Location. An adequate refuse storage area shall be provide for the residential use. 7. C2.moatibility of Uses. Location of new residential units shall consider existing surrounding uses in order to minimize impacts from existing uses. 8. Boarding House. A boarding house shall comply with the following requirements: a. Provision of a management plan to ensure 24-hour on-site management, security, and any necessary social services. b. Provision of usable outdoor area consistent with the requirements of the district in which it is located. 9. Live/Work Quarters. Live/work quarters are subject to the following requirements: a . Not over 25 percent of each live/work quarters shall be used for residential purposes. b. The FAR standards for the district shall establish the permitted intensity. c. The parking requirement shall be based on the number of spaces required for the non- residential square footage, or as determined by parking study. d. Residents of live/work quarters are required to acknowledge, as part of their lease agreement, the commercial nature of the surrounding area. e. At least one of the residents of a live/work quarters shall be required to have a City Business License. f. The site is free of hazardous materials, as determined by the Fire Department. g. In the DCC District, living space shall be located in the rear ground level or second Floor so that it does not interrupt commercial frontage. 14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction With Food Service Establishments A. Pu=se. The purpose of this section is to promote seasonal outdoor seating in conjunction with food service establishments to enhance the pedestrian ambience of the City. Performance standards ensure that seasonal outdoor seating for restaurants and cafes does not adversely impact adjacent properties and surrounding neighborhoods. B. ADHicability. Performance standards for seasonal outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for seasonal outdoor eating areas shall be reviewed through an administrative permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district in which it is to be located, the performance standards shall be incorporated into the required use permit review process. C. Standards 1. ProDerty Development Standards. The outdoor eating area shall comply with the property development standards for the zoning district in which it is to be located. 2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally established restaurant or food service establishment. 17-7 3. Intensification of Uigm. The proposed area for outdoor eating shall not exceed 25 percent of the indoor seating area. 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 October. Other outdoor seating shall be considered permanent and shall require additional parking. 5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the Planning and Building Inspection Departments shall be required. Perimeter barriers shall be temporary/movable fixtures. 6. Sun Shades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating area, but there shall be no permanent roof or shelter over the sidewalk cafe area. Any awning shall be adequately secured, and shall comply with the provisions of the Uniform Building Code. 7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable tables, chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures may be permanently affixed onto the exterior of the principal building, but shall be shielded from adjacent uses. 8. Refuse Storaee Area. No refuse structure enclosure or receptacle shall be erected or placed on a public sidewalk or right-of-way. 9. Litter. Outdoor eating areas shall remain clear of litter at all times. 10. Hours of Ooeration. The hours of operation of the outdoor eating area may be limited depending on surrounding uses. 11. Downtown Parkine Assessment District. Outdoor eating areas in the Downtown Parking Assessment District shall be conducted as part of a legally -established food service establishment, must comply with standards (1), (9) and (10) above, and require an Administrative Design Review Permit. 14.17.120 Second Dwelling Units A. PuEpgse. Standards for second dwelling units ensure that second dwelling units are compatible with surrounding uses and maintain the residential character of the neighborhood. Second unit standards also ensure and maintain healthy and safe residential living environments. Avvlicability. Performance standards for second dwelling units shall apply in the residential zoning districts. Performance standards shall be administered through the use permit process. Architectural compatibility standards shall be administered through the design review permit process. C. Standards 1. Density. A maximum of one second dwelling unit shall be permitted per single-family residential lot. 2. Owner Occuoancv. The property owner shall occupy either the main single-family dwelling or the second dwelling unit throughout the life of the second dwelling unit. Exceptions to this owner occupancy requirement may only be granted where the property owner is relocated because of illness or employment. Such exceptions may only be granted by the City Council with adoption of specific findings as part of the original use permit approval or subsequent use permit amendment. 3. Building and Housing Code Comoliance. All new second dwelling units must comply with the Uniform Housing Code and Uniform Building Code. Legalization of existing unauthorized second dwelling units shall require compliance with the Uniform Housing Code to ensure unit habitability provided that the property owner must show proof that the unit was in existence prior to June 6,1983. An inspection must be made by the Building Inspection Division of the Public Works Department or by an inspection firm approved by said Building Inspection Division to determine compliance with applicable codes. Exceptions to code compliance may only be granted by the City Council. 4. Attached/Detached Units. All new second dwelling units must be structurally attached to the main single-family dwelling. "Structurally attached" means attached to the primary residence by a common wall, or roof. This includes a common roof no longer than 10 feet over a breezeway, but does not include trellises. Construction of new detached accessory 17-8 7 structures for second dwelling units is prohibited. 5. ProDerty Development Standards. Second dwelling units must comply with existing zoning requirements including property development standards for setbacks, lot coverage, building height and private yard areas except that: a. Where a second dwelling unit is proposed on a small lot, or in a nonconforming structure, the proposed second unit shall not increase the spatial nonconformity of the site or the improvements; and b. No second dwelling shall be located on a lot less than 5,000 square feet in size. 6. Size Limits. The square footage of a second dwelling unit shall be no greater than 40 percent of the gross square footage of the main single-family dwelling; except that any second dwelling unit may be at least 500 square feet even if that exceeds 40 percent of the main dwelling unit. In no case shall the second dwelling unit exceed 1,000 square feet in size. 7. Parking. Off-street parking shall be required for each second dwelling unit, in addition to the parking required for the existing single-family dwelling. The existing single-family dwelling must meet current parking standards with no grandfathered parking rights. One off-street parking space shall be required for studio and one bedroom second dwelling units. Two off-street parking spaces shall be provided for second dwelling units with two or more bedrooms. One parking space for a second dwelling unit may be provided in the front setback provided that the parking space is located within a paved area adjacent to the driveway between the driveway and the nearest side lot line. 8. Rental or Lease., A second dwelling unit shall be permitted exclusively for the purpose of rental, lease, or in kind service. No unit may be sold separately from the main house. 9. Recordation. All use permits granted for second dwelling units shall be recorded with the County of Marin, prior to issuance of any building permits. The purpose of recording the use permit is to put future buyers on notice that the second dwelling unit is subject to review by the City at any time and that owner occupancy is required. The owner is responsible for recording such notice and providing the Planning Department with a copy within 45 days of approval. Non -recordation will be grounds for use permit revocation. 10. Architectural Comoatibilitv. The second unit shall be architecturally compatible with overall neighborhood character. Primary residences containing second units shall be compatible in scale with nearby residences. Second units are subject to design review permits. 11. Entrance. The second unit shall have a separate entrance not visible from the street front area in order to maintain the appearance of a single-family dwelling. D. Findings. Findings required for issuing use permits (as per Section 14.22.080) shall be made for permitting second dwelling units. An additional finding must be made to assure compliance with the criteria required under this section. 17-9 14.17.130 Temporary Uses A. Purpose. Standards for temporary uses allow the short term placement (generally six months or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas. B. Applicability. Performance standards for specified temporary uses shall apply in any district where a temporary use is a conditional use. Performance standards for temporary uses shall be administered through an administrative use permit in all commercial, office, and industrial zoning districts, or a use permit in the R/O district. The following temporary uses are subject to performance standards: 1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for periods not exceeding 30 consecutive calendar days. 2. Trailers/mobile homes that provide residences for security personnel associated with any construction site. 3. Trailers/mobile homes that provide offices for the following temporary uses: a. Temporary or seasonal businesses such as carnivals or Christmas tree sales. b. Business offices or sales facilities where construction of a permanent facility is being diligently completed. c. Construction offices where construction is being diligently completed. d. Real estate offices on site of a proposed subdivision until such time as the notice of completion is filed with the Building Inspection Division. e. Financial or public utilities that are required to maintain a place of business at a location at which no permanent structure suitable for the purpose is available. 4. Fairs, festivals, concerts, farmer's markets, swap meets, or other special events when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities. 5. Similar temporary uses which, in the opinion of the Planning Director, are compatible with the district and surrounding land uses. Temporary uses may be subject to additional permits, other City Department approvals, licenses, and inspections as required by applicable laws or regulations. C. Exemptions 1. Events which occur in theaters, meeting halls, or other permanent public assembly facilities. 2. Carnivals, fairs, bazaars, or special events held on school premises or at religious institutions. 3. Special events less than 72 hours and sponsored by the Downtown Merchant's Association. 4. Events which receive street closure approval from the City Council. D. Findings 1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. 2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site. 3. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate. 17-10 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the Planning Director. In approving the application for an administrative permit for a temporary use, the Planning Director may impose conditions that are deemed necessary to ensure the permit will be in accordance with the required findings and standards. E. Standards. The applicant shall provide information to show that the following standards have been satisfactorily addressed: 1. Temporary Parkine Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the City Traffic Engineer and the Police Department. 2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat shall be provided to the satisfaction of the Planning Department. 3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the Planning Department for consistency with base district regulations and other Zoning Ordinance requirements. 4. Sanitarv/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the County Health Department. 5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage, and removal of garbage, litter or debris from the site to the satisfaction of the Planning Department. 6. Stens. Any proposed signage for the temporary use shall comply with Chapter 19 (Signs) to the satisfaction of the Planning Department. 7., Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the Planning Department. 8. Performance Bonds. A performance bond or other security deposit shall be submitted to the City Finance Department to assure that any temporary facilities are removed from the site within a reasonable timeframe following the event and that the property is cleaned up and restored to its former condition. 9. Public Safetv. Security and public safety measures shall be provided, including traffic control measures if needed, to the satisfaction of the Police Department. 10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with Marin County Health Department standards and permit requirements. 11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this Section. 17-11 Chapter 18 Parking Standards Sections: 14.18.010 Specific Purposes 14.18.020 Applicability 14.18.030 Computation 14.18.040 Parking Requirements 14.18.050 Off -Street Loading and Unloading 14.18.060 Downtown Parking Assessment District 14.18.070 Parking Requirements for Multiple Uses 14.18.080 Parking Requirements for Reciprocal Uses With Shared Parking Facilities 14.18.090 Bicycle Parking 14.18.100 Parking Space Dimensions 14.18.110 Compact Parking Spaces - Allowable Percentage 14.18.120 Tandem Parking Prohibition 14.18.130 Parking Facility Dimensions and Design 14.18.140 Access to Public Right -of -Way 14.18.150 Alternate Parking Locations for Uses With Insufficient Parking 14.18.160 Parking Lot Screening and Landscaping 14.18.170 Lighting 14.18.180 Residential Districts - Garage and Carport Standards 14.18.190 Recreational Vehicle Parking in Residential Districts 14.18.200 Location of Parking and Maneuvering Areas 14.18.210 Commercial Parking in MR and HR Districts 14.18.220 On -Site and Remote Parking 14.18.230 Parking Spaces - In Lieu Payments 14.18.240 Grandfathered Parking 14.18.250 Permanence of Off -Street Parking 14.18.010 Specific Purposes In addition to the general purposes listed in Section 14.01.030, the specific purposes of parking regulations are to: A. Promote the safety and convenience of all land use and circulation systems within the City by providing standards and policies for the creation and maintenance of vehicular off-street parking and loading. B . Promote more efficient street systems by reducing to a minimum the congestion which may be created by uncontrolled parking. C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction for normal parking demands. D. Promote compatibility among adjacent land uses and enhance the appearance of the City through appropriate design and aesthetic standards related to parking. E. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use. F. Establish parking standards for commercial and industrial uses consistent with need and with the feasibility of providing parking on specific commercial and industrial sites. G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses from adverse impacts. 14.18.020 Applicability Off-street parking, loading and bicycle facilities shall be provided for any new building constructed and for any new use established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which the use is conducted that would result in additional spaces being required, subject to the provisions of this chapter. Provisions of this chapter shall apply uniformly throughout the City according to specific land usage and shall be without regard to zoning district classification. 18-1 i 14.18.030 Computation If, in the application of the requirements of this chapter, a fractional number is obtained, one parking space or loading berth shall be required for a fraction of one-half (S) or more, and no space or berth shall be required for a fraction of less than one-half. 14.18.040 Parking Requirements A. Off-street parking shall be provided in accord with the following chart. Where the specific use in question is not listed, the Planning Director shall determine if another similar use exists which may be used to select an appropriate parking standard. In order to make this determination, the Planning Director may require the submission of survey data from the applicant or collected by the Planning Department at the applicant's expense. B. The parking requirement for any specific use listed may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this Chapter. Such modification shall be subject to review by the Planning Director and Traffic Engineer, and approval by the Planning Commission. C. For properties located within the Downtown Parking Assessment District, see also Section 14.18.060 (Downtown Parking Assessment District) for additional information on parking requirements. D. In addition to the off-street parking requirements listed below, off-street loading and unloading shall be provided for certain uses in accord with Section 14.18.050 (Off -Street Loading and Unloading). Use Classification Single-family residential Single-family residential, hillside Off -Street Parking Reauired 2 covered spaces per unit On streets less than 26 feet wide, a minimum of two additional on-site parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be conveniently placed relative to the dwelling unit which they serve. This requirement may be waived or reduced by the hearing body when the size or shape of the lot or the need for excessive grading or tree removal make the requirement infeasible. Studio (duplex unit), 500 sq. ft. or less in size 1 covered space per unit Studio (duplex unit), more than 500 sq. ft. in 1.5 spaces per unit (including 1 covered space) size Studios (multifamily unit) One -bedroom units Two or more -bedroom units Guest parking, multifamily Mobilehome parks Senior housing projects 1 covered space per unit 1.5 spaces per unit (including 1 covered space) 2 spaces per unit (including 1 covered space) 1 space per 5 units 2 covered spaces per unit .75 space per unit, or as specified by use permit 18-2 Use Classification Off -Street Parkine Reautred Emergency shelters for the homeless, permanent: Residential Districts 1 space for each employee on maximum staffed shift plus 1 space per five beds: 1-5 beds 1 space plus staff parking 6-10 beds 2 spaces plus staff parking 11-15 beds 3 spaces plus staff parking Commercial and Light Industrial/ 1 space for each employee on maximum staffed shift Office Districts plus 1 space per 10 beds: 1-10 beds 1 space plus staff parking 11-20 beds 2 spaces plus staff parking 21-30 beds 3 spaces plus staff parking Emergency shelters for the homeless, As specified by use permit temporary or rotating Emergency shelters serving children and/or 1 space per family based on maximum program families with children capacity plus 1 space per employee on the maximum staffed shift. Residential care facilities for the non - handicapped: Small (0-6 clients) See single-family residential Large (6-10 clients) 1 space for each five clients plus 1 space for each staff person, visiting doctor or employee on maximum staffed shift. Rooming or boarding houses 1 space for each guest room or as determined by parking study. Second dwelling units: Studio or one -bedroom unit 1 space Two or mon: bedroom unit 2 spaces Visitor Accommodations Bed and breakfast inns 2 spaces plus 1 space per bedroom Hotels or motels 1 space per sleeping room plus 1 space for manager plus 1 space for every 2 employees. Hotels, convention, or hotels with banquet, Parking in addition to the hotel requirement is restaurant or meeting facilities etc. required, as determined by a parking study. Parking requirement as specified in use permit. Day Care Family day care home (small) No requirement Family day care home (large) Minimum 2 spaces. The required parking for the dwelling unit shall count as the required parking for family day care. 18-3 Use Classification Off -Street Parking Required Day care center 1 space per five children. In addition, one of the following must be provided and approved by the City Traffic Engineer for safety purposes: 1) a posted "loading zone" for dropping -off and picking -up children; 2) a loop driveway with an apron for drop-offs and pick-ups. Either option must be approved by the City Traffic Engineer for safety purposes. Retail sales (non -bulky items) 1 space per 250 gross building sq. ft. Retail sales (bulky items, such as machinery, 1 space per 400 gross building sq. ft. furniture, vehicles, etc.) Shopping centers Animal care facilities Food and beverage service establishments, excluding fast food restaurants 1 space per 250 gross building sq. ft. 1 space per 300 gross building sq. ft. 1 space for each 50 sq. ft. of floor area intended for public use. Fast food restaurants 1 space per 100 sq. ft. for 50 percent of the gross building sq. ft.; and one space per 65 sq. ft. for 50 percent of the gross building sq. ft. or one space per 2.5 interior seats, whichever is greater. Funeral and internment services Motor vehicle sales and service: Coin -op washing Gasoline stations With minor repairs such as tune-ups, brakes, batteries, tires, mufflers) With mini -market area Rentals Repairs, major and/or minor Sales, new or used vehicles 1 per each 35 sq. ft. of floor area for assembly rooms plus 1 space for each employee, plus 1 space for each car owned by such establishment. 1 space at each washing stall and vacuum stall 3 spaces per station, plus 2 spaces per service bay 1 space per 250 sq. ft. of gross retail 1 space per 500 gross sq. ft. of Floor area plus 1 space per 1,000 sq. ft. of outdoor rental storage area. 1 space per 500 sq. ft. or 3 spaces per service bay (each service bay may count as one of the parking spaces), whichever is greater. 1 space per 400 gross building sq. ft. excluding auto repair area; plus, for repair portions of the building: 1 space per 500 gross building sq. ft., or 3 spaces per service bay for automobile repair (each service bay may count as one of the parking spaces), whichever is greater, or 1 space per 2,000 sq. ft. open lot area, whichever is greater. 18-4 Use Classification Off -Street Parking Reguired Personal service establishments 1 space per 250 gross building sq. ft. Barber/beauty shop/nail salon 2 spaces per chair or workstation Dry cleaning establishment 2 spaces plus 1 space for each employee Laundry (self service) 1 space for each 2 washing machines and/or dry cleaning machines. Recreation facilities (indoors) Bowling alleys 4 spaces for each bowling lane plus additional spaces for other uses. Game arcades 1 space for each 5 coin-operated amusement devices. Health clubs and gymnasiums 1 space per 250 sq. ft. of gross building sq. ft. Pool halls/billiards 2 spaces for each table or as determined through a parking study. Theaters Parking study required. Parking subject to the approval of the Planning Director or the hearing review body for the development. Offices and related uses Financial services and institutions 1 space for each 200 sq. ft. gross building sq. ft. Medical services: Clinics 1 space per 225 gross building sq. ft. Hospitals Parking study required. Major medical facilities, including Parking study required. extended care facilities Offices, excluding mental health 1 space per 225 gross building sq. ft. practitioners Offices, mental health practitioners 1 space per 250 gross building sq. ft. Administrative, business and professional 1 space per 250 gross building sq. ft. offices Industrial Industrial uses 1 space per 500 gross building sq. ft. Light industrial/office mixed-use: Light industrial sq. ft. of building 1 space per 500 gross building sq. ft. Office sq. ft. of building 1 space per 250 gross building sq. ft. Mini -storage Parking study required. Subject to approval by the Planning Director or hearing review body for the development. Public utility facilities Parking study required. Subject to approval by the Planning Director or hearing review body for the development. Storage, warehousing and distribution 1 space per 500 gross building sq. ft. 18-5 Use Classification Wholesale and distribution Marinas Publid uasi-Public Uses Libraries, museums and other cultural facilities Public service and utility Religious institutions Schools (NOTE: the following are guidelines for public schools) Parochial, private: K-8 9-12 Vocational, business trade schools Performing arts or other Transportation facilities Off -Street Parkin Required 1 space per 500 sq. ft. gross building sq. ft. 3 spaces for every 4 boat slips. Plus parking for support uses in the marina, such as restaurants or retail uses. Parking study required. Subject to approval by the Planning Director or hearing review body for the development. Parking study required. Subject to approval by the Planning Director or hearing review body for the development. 1 space per 4 seats 3 spaces per classroom or 1 space per 100 sq. ft. of auditorium space, whichever is greater. 1 space for each 4 students based on maximum school capacity, or as specified by use permit. 1 space per 150 gross building sq. ft. 1 space per 250 gross building sq. ft. Bus stations, "park and ride" facilities, public Parking study required. Subject to approval by the transit stations Planning Director or hearing review body for the development. 14.18.050 Off -Street Loading and Unloading The minimum off-street loading and unloading space required for specific uses shall be as follows: A. Retail and service establishments: one off-street loading and unloading space with minimum dimensions of 10 feet in width by 35 feet in length, with a 14 foot height clearance. B. Light industrial or mixed use light industrial /office buildings: one off-street loading and unloading space for each 20,000 square feet of gross building area. Each loading space shall have minimum dimensions of 12 feet in width by 65 feet in length, with a 14 foot height clearance. C. Each loading area shall have adequate driveways, turning and maneuvering areas for access and usability, and shall at all times have access to a public street or alley. D. In the Office and Industrial /Office Districts, loading areas shall not be located in required front or street side yards. E. Off-street loading and unloading spaces shall be adequately screened from view from public right-of-ways to the satisfaction of the Planning Director. 14.18.060 Downtown Parking Assessment District A. Parkine Assessment District Has Abilitv to Construct Additional Parkine. Where a lot is located within the Downtown Parking Assessment District, a building or structure may be constructed and maintained on said lot without provision for, or maintenance of, off-street 18-6 parking facilities, if the parking assessment district has the ability to construct additional parking facilities in response to the demand created by new construction. B. Parkine Assessment District Not Able to Construct Additional Parkine, If the parking assessment district in which the lot is located is not able to construct additional parking facilities in response to the demand created by new construction, a building not to exceed one story in height or its equivalent square footage may be constructed on said lot without provision of off-street parking facilities. Off-street parking facilities shall be installed and maintained for each story in excess of one story (or its equivalent square footage), provided that any additional square footage shall meet the off-street parking requirements. 14.18.070 Parking Requirements for Multiple Uses A. Multiple Uses - Basis for Calculation. Where there is more than one use in a single structure or on a site, or two or more separate instances of the same use, off-street parking requirements shall be the sum of the requirements for the various uses. Off-street parking required for one occupant of a structure shall not be considered as satisfying the required parking facilities for another occupant of the structure, unless otherwise provided in this chapter. B. Chanees in Occuvancv in Multi -Tenant Buildines. Master use permits filed in accordance with Section 14.22.040 (Master Use Permits) for multi -tenant buildings or sites with multiple uses shall specify the types and allowable amounts of various uses. The total parking provided for the site shall be consistent with section A above. When occupants of a multi -tenant building or a multiple -use site change, the approved mix and amount of land use shall be consistent with the master plan approval to ensure the provision of adequate parking facilities. 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 each of the independent uses. 14.18.090 Bicycle Parking A. Avolicability. Bicycle parking shall be required in commercial and office parking lots with 30 or more parking spaces, and for all public/quasi-public uses. B. Number of Svaces Required. 1. Commercial, office and industrial uses: Three percent of the requirement for automobile parking spaces. 2. Public/quasi-public uses: As determined by parking study, or as specified by Use Permit. 3. Exempt uses: animal sales and service, motor vehicle sales and services; building materials and supplies (large -item), catering establishments; funeral and internment services; temporary uses; recycling facilities; other uses as determined by the Planning Director. C. Design. 1. Bike racks shall be provided with each bicycle parking space. The rack shall consist of a stationary object to which the user can lock the bike. 2. Parking facilities shall support bicycles in a stable position. 3. The facilities shall provide at least an 18 -inch clearance from the centerline of adjacent bicycles on the left and right, and at least 10 inches to walls or other obstructions. 4. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least 5 feet to the front or rear of a standard 6 foot bicycle parked in a facility. 5. Bicycle parking should be situated at least as conveniently as the most convenient car parking area. Bicycle and auto parking areas shall be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars. 18-7 6. Bicycle parking facilities should be located in highly visible, well -lit areas to minimize theft and vandalism. 7. Overhead coverage or rain shelters for bicycle parking facilities are encouraged. 8. The Planning Director (or the Planning Director's designated appointee) shall have the authority to review the design of all bicycle parking facilities required by this ordinance with respect to safety, security, and convenience. 14.18.100 Parking Space Dimensions A. Standard size parking spaces shall be 9 feet by 19 feet in dimension. B. Compact parking spaces shall be 8 feet by 16 feet in dimension. 14.18.110 Compact Spaces - Allowable Percentage A. Allowable Percentaee. A maximum 30 percent of the required parking spaces may be compact spaces for facilities exceeding five spaces. B. Spaces Labeled. Compact spaces shall be labeled in parking facilities as compact spaces to the satisfaction of the City Traffic Engineer. C. Distribution. Compact spaces should be distributed throughout the parking lot to the extent feasible. 14.18.120 Tandem Parking Prohibition Tandem parking is prohibited, unless approved under Section 14.18.150 (Alternate Parking Locations for Uses With Insufficient Parking) or with an Environmental and 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). JA L>0010 >#0000 / \ B I C 1 B � B I CI B D D 600 ONE WAY 600 TWO WAY A B C D DIMENSION A B C D 10'-6" 18'-0" 20'-0" 56'-0" STANDARD 10'-6" 18'-0" 24'-0" 60'-0" 9'-3" 15'-0" 20'-0" N.A. COMPACT 9'-3" 15'-0" 24'-0" N.A. 18-8 JA r A B I C I B J L ]1 D BI C I B D 90° TWO WAY ONE WAY PARALLEL A B C D DIMENSION A B C D 9'-0" 19'-0" 26'-0" 64'-0" STANDARD 22'-0" 9'-0" 12'-6" 30'-6" 8'-0" 16'-0" 26'-0" N.A. COMPACT 20'-0" 8'-0" 12'-6" N.A. B. Parkine spaces for the handicapped. All parking facilities shall comply with State requirements regarding parking for the disabled, as per State Chapter 71 of the Uniform Building Code, "Site Development Requirements for Handicapped Accessibility." C Double line strivine. Delineation of parking stalls by double line striping is encouraged, and may be required by the City Traffic Engineer based on site conditions, such as "high turnover" utilization or restricted maneuvering space. D. Tree wells. Tree wells shall have a minimum area of 36 square feet and a minimum width of six feet, exclusive of curbs. See section 14.18.160 (Parking Lot Screening and Landscaping). E. Curb overhane. A minimum of two (2) feet shall be allowed for overhang at curblines. Where overhangs are provided, the minimum stall depth (Dimension "B") may be reduced by two feet. Wherever "parking overhang" encroaches into sidewalk areas the sidewalks shall be a minimum of six feet in width. In landscaped areas, ground cover and irrigation systems should not be placed within the overhang areas. F. Parkine stall access. Use of a required parking space shall not require more than two vehicle maneuvers. At the end of a parking facility with four or more parking spaces, an aisle or driveway providing access to the end parking space shall extend at least two feet beyond the required width of the parking space in order to provide adequate on-site area for turn -around purposes. 1 2' Minimum 1 TYPICAL END STALL TREATMENT 14.18.140 Access to Public Right -of -Way A. Drivewav Widths. The minimum curb cut for driveways at the face of the curb shall have the following minimum inside depressed width. 1. Servine a residential use: 6 or fewer spaces: 10 feet 7 to 24 spaces: 12 feet (1 -way) or 20 feet (2 -way) 25 or more spaces: 12 feet (1 -way) 24 feet (2 -way) 18-9 { 2. Servine a non-residential use: 6 or fewer spaces: 12 feet 7 to 24 spaces: 12 feet (1 -way) or 20 feet (2 -way) 25 or more spaces: 15 feet (1 -way) or 26 feet (2 -way). The Zoning Administrator, Planning Commission, or City Council, may, on the basis of a recommendation from the City Traffic Engineer, City Engineer or Fire Department require driveways in excess of the above widths where needed by traffic, grade or site conditions. They may also require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression. B. Sevaration Distance of Driveways Servine the Same Parkine Facility.. Driveways serving the same parking facility shall be located at least 25 feet apart. C. Drivewav Grades. Driveway grades shall be subject to review and determination by the City Engineer. Maximum driveway grade typically allowed is 18 percent. 14.18.150 Alternate Parking Locations for Uses With Insufficient Parking To reduce existing on -street parking congestion where dwelling units were legally built with fewer than the currently -required number of parking spaces, additional on-site parking for vehicles belonging to the residents of such developments shall be permitted as follows. A, The Zoning Administrator, by Environmental and Design Review Permit may approve, for single-family or duplex units, the location, including tandem parking, of additional parking spaces in the front or street side yards, providing that the following findings can be made: 1. Additional on-site parking is not used as the basis for increasing the number of residential units. 2. Such parking will not create hazards by obstructing views to or from adjoining sidewalks and streets. 3. Fifty percent of the front and street side yards are landscaped. B. The Zoning Administrator, by Environmental and Design Review Permit may approve, for multifamily development, additional on-site parking in patterns or locations that do not meet current standards, providing that the following findings can be made: 1. Such parking will not create a hazard or nuisance to the neighborhood or adjoining neighbors. 2. Such parking is likely to be used. 3. Such parking will reduce existing on -street parking congestion. 4. Needed on-site recreation facilities are not adversely affected. 14.18.160 Parking Lot Screening and Landscaping New parking lots with more than five spaces shall provide landscaping in accordance with the following standards. The following provisions shall also be used as guidelines for parking lot improvements on remodel projects. A. Parking areas visible from the public right -0f --way shall be screened to headlight height through the use of landscaped earth berms, low walls, fences or hedges in combination with trees and plantings, or similar means. Fences, walls, and hedges need not be solid. 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. 18-10 14.18.170 Lighting Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential use and motorists. It is the intent to maintain light standards in a low profile design and to be compatible to the architectural design. 14.18.180 Residential Districts - Garage and Carport Standards A. Sinele-car earaees. The minimum interior dimensions of single -car garages shall be ten by twenty feet. B. Double -car earaees. The minimum interior dimensions of double -car garages shall be twenty feet by twenty feet. C. Sinele-car carports. The m:.amum interior dimensions of single -car carports shall be nine by nineteen feet. D. Double -car caroorts. The minimum interior dimensions of double -car carports shall be eighteen by nineteen feet. 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 sinele-familv 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. B. For multifamilv residential units (three or more units whether constructed as apartments., townhouses or condominiums)• and mobile home parks. Recreational vehicle parking is permitted in areas that are designed and constructed for such purposes under permits approved by the Planning Commission. 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, and all non-residential districts. 18-11 rp i LLU51RATION OF PARKING LOT AND OTHER STANDARDS C. Planting areas shall have a minimum area of 3fi square BUILDING IT REE FouRP YYKING feet and a minimum width of six feet, exclusive of curbs. HANDICAPPED SPACES BRACE FOR 5HADE D. All planters and sidewalks located adjacent to driveways, --" " loading areas, or parking lots shall be protected along theREGULAR uFOOT MINIMUM — — KErUL) parking lot side with concrete curbs or wheel stops. DIMEN51ON 5x19' �� (ERLIUDING Alternative treatments may be considered, subject to the CURDS) approval of the Planning Director (or the Planning SoVEOmRAcT (Bxl6) Director's designated appointee) or the appropriate hearing __ _ 15ERMOKOTHER -- review body. TREATMENTTO LABS E. Permanent, automatic irrigation systems shall be provided MINIMUM for all planted areas. DRNEWAY f ANDAISLE moms F. Innovative landscape design may be substituted for the STREET above standards subject to the approval of the appropriate hearing review body. 14.18.170 Lighting Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential use and motorists. It is the intent to maintain light standards in a low profile design and to be compatible to the architectural design. 14.18.180 Residential Districts - Garage and Carport Standards A. Sinele-car earaees. The minimum interior dimensions of single -car garages shall be ten by twenty feet. B. Double -car earaees. The minimum interior dimensions of double -car garages shall be twenty feet by twenty feet. C. Sinele-car carports. The m:.amum interior dimensions of single -car carports shall be nine by nineteen feet. D. Double -car caroorts. The minimum interior dimensions of double -car carports shall be eighteen by nineteen feet. 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 sinele-familv 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. B. For multifamilv residential units (three or more units whether constructed as apartments., townhouses or condominiums)• and mobile home parks. Recreational vehicle parking is permitted in areas that are designed and constructed for such purposes under permits approved by the Planning Commission. 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, and all non-residential districts. 18-11 14.18.210 Commercial Parking in MR and HR Districts Public or private parking lots for automobiles may be permitted in a Medium or High Density Residential District adjacent to any non-residential district, providing a Use Permit and Environmental and Design Review Permit are first obtained in each case. 14.18.220 On -Site and Remote Parking All off-street parking and loading areas required herein shall be located on the same lot and readily accessible to the specified use, provided that, if the strict application of this requirement creates undue hardship and in the opinion of the Planning Director creates conditions contrary to desirable development practices, but all other areas of intent for this Chapter are complied with, remote parking areas which satisfy all or part of specific parking requirements may be approved. Remote parking areas shall be located within 500 feet of the specified use and shall possess direct and convenient pedestrian access. Remote areas may serve more than one use, provided that the gross number of spaces available shall not be less than the combined requirements for all uses served. C. Upon Planning Commission approval of any remote parking area, and prior to occupancy of the proposed use, which parking satisfies the parking requirements, the owner of the lot (proposed for remote parking site) shall execute and record a Declaration of Restriction, legally binding, or similar Instrument satisfactory to the Planning Director, to restrict the use of the lot to public and private parking of vehicles so long as the use conducted by applicant, or the applicant's successors in interest, on the original site, shall require the furnishing of parking facilities under the terms of this ordinance. 14.18.230 Parking Spaces - In Lieu Payments Where practical difficulty is involved in meeting the off-street parking requirements for a building hereafter constructed, the requirement may be met wholly or in part by in -lieu payments where the owner of the building site offers (in writing) to make, and the City Council agrees to accept, such payments. When such an offer is made, the Planning Commission shall investigate and report to the City Council its findings as to the reasons which are alleged to make such substitution necessary. The City Council may accept or reject the proposal for substitution, and if it finds the substitution necessary, shall determine the amount of payment to be made. The payment shall equal the fair market value of the land which would otherwise have been devoted to off-street parking, plus the cost of paving and other improvements as determined by the City Engineer. All monies collected shall be used for the purchase and improvement of off-street parking facilities. Each of such facilities shall be so located as to serve primarily the general area and class of zoning district from which the respective in -lieu payments are derived. 14.18.240 Grandfathered Parking A. No use of land lawfully existing on the effective date of this ordinance shall be considered nonconforming solely because of the lack of off-street parking, loading or bicycle facilities prescribed in this chapter. B . For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required, additional parking shall be required for such addition, enlargement, or change. Where parking for an existing use is substandard, improvements to improve or upgrade the parking may also be required where feasible. C. A nonconforming structure which has been damaged or destroyed more than 75 percent and which is rebuilt to its original condition must provide parking equivalent to prior existing parking. Where parking was substandard, improvements to improve or upgrade the parking may also be required where feasible. D. Determination of the amount of parking improvements required to upgrade or improve existing substandard parking conditions shall be made by the Planning Director or the appropriate hearing review body. Such determination shall consider the size of the proposed addition in relation to the existing development, off-site parking conditions, and site constraints. 18-12 14.18.250 Permanence of Off -Street Parking Once any off-street parking or loading space has been provided, which wholly or partially meets the requirements of this title, such off-street parking or loading space shall not thereafter be reduced, eliminated or made unusable in any manner which renders the on-site parking inadequate for the building and/or uses in existence on or created after the adoption of this ordinance. Covered parking shall not be converted to uncovered parking. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served, and which were in existence on the effective date of this Title, or were provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than, shall not further be reduced below the requirements of this title for a similar building or use. 18-13 �J Chapter 19 Signs Sections: 14.19.010 Specific Purposes 14.19.020 What is Permitted 14.19.030 What is Prohibited 14.19.040 What is Exempt (Repealed, see Section 14.19.020F) 14.19.050 Permit Procedure 14.19.060 Adjustments 14.19.070 Variance 14.19.080 Correction of Nonconforming Signs 14.19.090 Violations and Enforcement 14.19.100 Definitions 14.19.010 Specific Purposes The regulation and control of the location, size, type and number of signs permitted shall be governed by the provisions of this chapter. The purpose of this chapter shall be: A. To safeguard and enhance property values. B. To protect the public and private investment in buildings and open spaces. C. To preserve and improve the visual appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade. D. To encourage sound signing practices as an aid to business and for the information of the public. E. To insure the preservation of freedom of speech. F. To preserve and promote traffic safety. C. To promote the public health, safety and general welfare. The amendments contained herein shall apply to all signs posted on the effective date of this ordinance and all signs posted thereafter. 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. Noncommercial signs shall conform to these regulations 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. The following table is designed to show in a concise way what signing is permitted for different uses. (NOTE: Building permits may also be required.) Be sure to refer to sections 14.19.020(C), (D) and (E) after reading the tables for special limitations not shown on the tables. 19-1 A. Sign Standards by Land Use or Pu T�_ie - By Specific Uses or Purposes TYPe ILLUMINATION 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 SIZE LIMITATIONS AND USE OR PURPOSE E N Y Y S Y E E E L L L W G E G SPECIAL CONDITONS Address • Street number and/or name not exceeding one sq. ft. in area per sign for single family or duplex and four (4) sq. ft. per sign for all other uses. NO SIGN PERMIT REQUIRED. New business - Temporary • • No stated limitations except those Grand Opening (2' daps) incuded in 14.19.030A,D,E,F,H,I,J, K,L,M,N,P of this Chapter. One time, only, for maximum of twenty- one (21) consecutive days provided beginning and ending dates are filed with the Planning Department prior thereto. Apartment buildings • Nameplates not exceeding a total or residential of 20 sq. ft. in area and two in projects of 3 or number may be placed on the wall more units or freestanding. When freestand- ing, the maximum height shall not exceed 10 ft In addition to the above one, rental and vacancy information sign up to a maximum of 6 N. ft. is permitted on the wall. Auto (new car (a) Freeway -oriented auto dealer - sales) ship. Lot frontage 250 or more linear feet; minimum setback of building 35 ft 1. Two (2) freestanding signs. a. One primary identification sign: Max. area - 72 sq. ft. Max. height - 21 sq. ft b. One (1) secondary sign: Max. area - 36 sq. ft. Max. height -14 ft (sq. ft. not transferable or combinable.) 2. One (1) wall sign or mansard roof sign. (Max. allowable signage is 200 sq. ft.) (b) For freeway -oriented sites of 249 or fewer linear ft or for non - freeway -oriented sites sign standards shall be as set forth in Sections 14.19.020 C,D,E. fi JW A. Sign Standards by Land Use or Purpor By Specific Uses or Purposes TYPE 'ILLUMINATION LOCATIONS C. . . . . . . . . . I H D A M E N U F N C 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 1 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 1 O O E O 1 O 1 N N A D I U 1 T O R P S P T N V A A L O N E N SIZE LIMITATIONS AND USE OR PURPOSE E N Y Y S Y E E E L L L W G E C SPECIAL CONDITONS Auto (new car sales) • • Window signs at auto sales agen- des in excess of twenty-five (25) percent of window area: Once per year for a period not to exceed twenty-one (21) conse- cutive days, providing the begin- ning and ending dates are filed with the Planning Dept prior thereto. Signs may be placed on the inside or painted upon the inside or outside of up to 100 percent of window area. Auto (used car sales) See Sections 14.19.020B, C. Auto sales - signs • • • • Limited to one (1) window per car on vehicle, camper, and not exceeding two (2) sq. ft in travel trailer, area per car. Signs located on the mobile home sales outside of the window either must not in a building be painted on the window or made of weather resistent material. Banners Prohibited (except to announce "New Busines"rand Opening") Cemetery • • • • Freestanding at entrances, not exceeding a height of five (5) feet and twelve (12) sq. ft. in area, one (1) in number per entrance. Christmas Tree Lots See "Seasonal Sales". Churches Not exceeding twelve (12) sq. ft per directory sign nor twenty (20) sq. ft. in total area for all signs. Free- standing signs additionally limited to ten (10) feet in height and twelve (12) sq. ft in area and requirements set forth in Section 14.19.020D "Specific Standards Freestanding Signs". Clocks (on private When clock face contains adver- property) tising, entire clock face is measured as a sign and counted in lieu of signing otherwise permitted. Clubs for physical Not to exceed twenty (20) sq. ft in recreation - golf, total area, and two (2) in number. tennis, swimming, yacht, etc. Construction site • • • • 19-3 • Not exceeding thirty-six (36) sq. ft in area and one (1) in number. Limited to period of actual construction. Where there is more than one contractor, all signs shall be on one panel. A. Sign Standards by Land Use or Purpa "Py Specific Uses or Purposes TYPE ILLUMINATION LOCATIONS 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 1 N N A D I U I T O R P S P T N V A A L O N E N SIZE LIMITATIONS AND USE OR PURPOSE E N Y Y S Y E E E L L L W G E C SPECIAL CONDITONS Credit cards • • • • Permanent signs not exeeding one - accepted; trading half (1/2) sq. ft. per sign up to a stamps given, asso- maximum of six (6) in number and dation memberships three (3) sq. ft in total area. NO SIGN PERMIT REQUIRED. Day care facility • • Not exceeding twelve (12) sq. ft. in area and one (1) in number. Family care facility • • • Not exceeding two (2) sq. ft. in area and one (l) in number. Hags Prohibited (except as listed under 14.19.02F). Croup care facility Not exceeding six (6) sq. ft. In area and one (1) in number. Home occupation • • • Not exceeding one (1) sq. ft. in area and one (1) in number. Lodges, fraternal • • • Not exceeding twelve (12) sq. ft. In organizations, total area or two (2) in number. social halls, Internal Illumination not permitted union halls in residential zones. Major medical • • • • Not exeeding two (2) sq. ft. per one facility thousand (1,000) sq. ft. of gross floor area to a maxium of one hundred (100) sq. ft. in total area. Motion picture • • • . . . . . Not exceeding one (1) sq. ft. per front theaters ft. of building for identification and business signs. Under sign review addtional sq. footage in specified areas may be permitted for changeable copy signs. Non -Commercial • • • • • Not exceeding the total signage Signs allotted per lot under this chapter. Office, professional • Not exceeding four (4) sq. ft. in (Maximum two (2) total area and two (2) in number. professionals in building) Office buildings • Nameplates not exceeding a total of twenty sq. ft. in area and two (2) in number may be placed on the office building wall or freestanding. As an alternative, there may be one or two directory signs containing three (3) sq. ft. in area for each office in the building up to a maxium total (one sign, or as a combined total when two signs) of thirty-six (36) sq. ft. 19-4 A. Sign Standards by Land Use or Purp �- By Specific Uses or Purposes TYPr. ILLUMINATION LOCATIONS 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 SIZE LIMITATIONS AND USE OR PURPOSE E N Y Y S Y E E E L L L W G E G SPECIAL CONDITONS Public and parochial Not exceeding twenty (20) sq. ft. in schools and insti- total area and two (2) in number. tutions of a charita- Temporary One (1) sign, maxium twenty table or civic (20) sq. ft. for 72 hrs. when imme- nature diately preceding and related to a charitable or nonprofit special event. Real Estate: For sale or lease On site or structure not exceeding temporary four (4) sq. ft. for single-family or duplex and 16 sq. ft. for multiple family, business and industrial sites, and one (1) in number per street frontage. Open House - on site • • On site or structure, between hrs. of 10:00 a.m. and 7:00 p.m. daily only, not exceeding four (4) sq. ft. in area per sign and one (1) in number per site or structure. Open House -off site • Ground mounted between the hrs. of 10:00 a.m. and 7:00 p.m. on holidays, Saturdays and Sundays only, not exceeding four (4) sq. ft. per sign and one (1) in number in neighborhood of sales. Not to be located in any center median of a public road or sidewalk. Directional arrows with address not exceeding two (2) in number in neighborhood of sales. Residential nameplate Not exceeding two sq. ft. in area and one in number. No sign permit required. Rooming and boarding • • • Not exceeding six (6) sq. ft. in area houses and one (1) in number. Seasonal sales Te=po-ary Number, size and placement as per conducted outdoors use permit; maximum height roof line of structure; maximum of 21 days per site per calendar year. Service station • • • • Not exceeding 100 sq. ft. in total area (gasoline sales) and four (4) in total number of which permanent signs not more than two (2) may be projecting or freestanding. Permanent signs announcing that a station is open 24 hours per day shall be included within these provisions. 19-5 A. Sign Standards by Land Use or PurpDv-- �y Specific Uses or Purposes ^� TYPE 'ILLUMINATION LOCATIONS 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 1 0 0 E O I 0 1 N N A D I U I T O R P S P T N V A A L O N E N SIZE LIMITATIONS AND USE OR PURPOSE E N Y Y S Y E E E L L L W G E G SPECIAL CONDITONS Public andP arochial • • • • • • Not exceeding twenty (20) sq. ft. in total schools and insti- table or civic nature Real Estate: temporary Temporary For sale or lease Open House - on site Open House - off site i Residential nameplate • Rooming and boarding • houses Seasonal sales Temporary conducted outdoors Service station • (gasoline sales) permanent signs area and two (2) in number. One (1) sign, maxium twenty (20) sq. ft. for 72 hrs. when imme- diately preceding and related to a charitable or nonprofit special event. • • • • • On site or structure not exceeding four (4) sq. ft. for single-family or duplex and 16 sq. ft. for * multiple family, business and industrial sites, and one (1) in number per street frontage. • • ; On site or structure, between hrs. of 10:00 am. and 7:00 p.m. daily only, not exceeding four (4) sq. ft. in area per sign and one (1) in number per site or structure. • • Cround mounted between the hrs. of �i 10:00 a.m. and 7:00 p.m. on holidays, h� Saturdays and Sundays only, not exceeding four (4) sq. ft. per sign and \ one (1) In number in neighborhood of sales. Not to be located in any center median of a public road or sidewalk. \ Directional arrows with address not exceeding two (2) in number in neighborhood of sales. • • • • • • Not exceeding two sq. ft. in area and onl in number. No sign permit required. • • Not exceeding six (6) sq. fL in area and onl,(D in number. • • Number,'gize and placement as per use permit;,maximum height roof line of strur�re, maximum of 21 days per site per calendar year. • • • • • • Not exceeding I00 sq. ft. in total area and four (4) in total number of which not more than two (2) may be projecting or freestanding. Permanent signs announcing that`- station is open 24 hours per day shall be included within these provisions. 19 - 5 i e I a r�'.,mw.5auiawn,., b o ai M M n k g i b n s b rq x k y y o �racoEn iy>�zino��+�ibbzoMM�My7 u�yyy oM�Osn sr i7,b� na>���>,no�bobo�\��MM���� fll '• r'MM ! 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