HomeMy WebLinkAboutOrdinance 1536 (Permits)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City 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. 1536, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 14.11.020A(1) AND (2); 14.11.090B; 14.12.050D AND F(1);
14.73.080; 14.75.020h; 14.75.080g; 14.82.030; AND 14.88.010 OF THE
SAN RAFAEL MUNICIPAL CODE TITLE 14 (Re Planning Commission,
Planning Director and Zoning Administrator Authority Relating to
Various Permits)
is a true and correct copy of an Ordinance of said City, and was
introduced at a regular meeting of the City Council of the City of
San Rafael, held on the fifteenth day of June, 1987, published as
required by City Charter in the Marin Independent Journal. Ordinance
was amended and reintroduced at a regular meeting of the City Council
of the City of San Rafael held on the sixth day of July,.1987, was
published, as amended, in the Marin Independent Journal, a newspaper
published in the City of San Rafael, and passed and adopted as an
Ordinance of said City at a regular meeting of the City Council
of said City held on the twentieth day of July, 1987, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael
this day of #,
1987. �
JEAN LECi�, Ci y Clerk
ORDINANCE NO. 1536
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL AMENDING SECTIONS
14.11.020A(1) AND (2); 14.11.090B;
14.12.050D AND F(1); 14.73.080;
14.75.020h; 14.75.0808; 14.82.030; AND
14.88.010 OF THE SAN RAFAEL MUNICIPAL
CODE TITLE 14
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDAINS AS FOLLOWS:
DIVISION 1. The City Council of the City of San
Rafael, in order to streamline permit processing, hereby amends
Title 14 (Zoning) of the San Rafael Municipal Code as follows:
14.11.020 MATTERS SUBJECT TO REVIEW
A. The following items shall be subject to environmental and design
review permits, whether or not a building permit is required, unless
exempt therefrom in Section 14.11.030 below.
-1. Major physical improvements: All new buildings and structures,
modifications to existing buildings including any relocation,
exterior addition, extension or demolition, and other physical
improvements which are considered to be major in nature. Major
physical improvements would include but not be limited to:
a. Any structure located within 100 vertical feet of a ridgeline.
b. Condominiums, townhouses, apartments and any other multi-
family residences.
c. Offices, commercial and industrial buildings and structures.
d. Marinas and yacht harbors.
e. Religious, fraternal, social, cultural, public, quasi -public
and similar buildings and structures.
f. Land improvements: grading or filling of land, removal of
natural ground cover, vegetation or trees, installation of
fences, retaining walls, walkways, curbs. (Note: see Use
Permit requirements under Section 14.75.020 g where the prin-
cipal use proposed is grading or filling.)
g. Signs: when submitted simultaneously with plans for any of
the improvements listed above or when including the use of
nonconcealed neon not within a window per Section
14.12.020.E.2.b.
-2. Minor physical improvements: All new buildings and structures,
modifications to existing buildings including any relocation,
exterior addition, extension or demolition, and other physical
improvements considered to be minor in nature. Minor physical
improvements would include but not be limited to:
a. The siting and style of single family residences and duplexes
when located on a lot that does not have frontage on a public
street but has an overall grade of fifteen percent or more.
b. Landscaping: including vegetation, sprinkler system and low
level lighting.
c. Parking and loading areas: driveways, curb cuts and other
street connections.
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ORDINANCE NO. 1536
d. Painting and colors: exterior textures and colors on new
construction or the first time existing construction is
finished with a color or colored material; thereafter on
repainting and refinishing only if colors not on the approved
earthtone/woodtone list are proposed to be used.
e. Exterior lighting.
f. Elevated decks for single family or duplex residences when
the deck is higher than three feet above grade, except that
decks of less than 100 square feet and decks which are fully
cantilevered from a building shall not be subject to review.
A design review permit is not required for an elevated deck
when:
(1) the deck is not visible from the public street or
adjacent properties;
(2) when an existing elevated deck is being replaced with
deck of same size and configuration. If an addition to
existing deck is proposed and the total square feet is
greater than 100 square feet, a design review permit is
required.
g. Minor on-site drainage improvements.
h. All other minor exterior ornamental or functional changes.
i. Dwelling unit additions to existing apartment complexes
provided that such additions meet the following:
(1) the unit addition does not constitute more than 20% of
the total number of units;
(2) where the addition is consistent with the General Plan
and spatial requirements of the zoning district in which
the property is located;
(3) all parking has been met;
(4) there are no major changes to the building footprint or
design.
14.11.090 REVOCATION, EXPIRATION AND EXTENSION OF APPROVAL
A. When demolition or removal of any existing structure is a part of
design review approval, said demolition or removal shall be com-
pleted, and all debris removed from the site, within ninety days of
design review approval or the entire design review permit shall be
deemed to have expired for cause as of midnight on the 90th day unless
the Planning Director shall grant an extension of time for such work.
B. Design Review Permits shall expire in accordance with the provisions
of Chapter 14.88 of this Title, which Chapter sets forth an automatic
expiration in one year unless a different expiration date or unlimited
expiration is stipulated at the time of approval. Prior to the expira-
tion of a design review approval, the applicant may apply to the
Planning Director for an extension from the original date of expiration.
The Planning Director shall grant the extension, and may make minor
modifications of the approved design at the time of extension, if the
Director finds that there has been no substantial change in the
factual circumstances surrounding the originally approved design.
14.12.050 PERMIT PROCEDURE:
A. EXCEPT AS OTHERWISE PROVIDED IN TITLE 14 OF THE CODE, IT SHALL BE
UNLAWFUL FOR ANY PERSON TO ERECT, ALTER, OR RELOCATE A SIGN WITHIN THE
CITY WITHOUT FIRST OBTAINING A PERMIT OR PERMITS FROM THE PLANNING
DEPARTMENT OR THE PLANNING COMMISSION AS REQUIRED BY THIS CHAPTER.
THIS PERMIT PROCEDURE SHALL NOT APPLY TO NONCOMMERCIAL SIGNS.
B. WHO MAY APPLY:
In order to file an application for any action under this Chapter, the
applicant must have a certain legal interest in the real property
which is the subject of the application which legal interest must be
one of the following:
1. Owner.
2. Seller or purchaser under a contract of sale.
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ORDINANCE NO. 1536
3. Lessee, limited to the portion being leased and excluding common
access drives and common parking areas.
4. A verified agent of one of the above (such as a licensed sign
contractor).
C. FILING PROCEDURE:
Application shall be in the number of copies and on the format desig-
nated by the Planning Director. The application shall be accompanied
by the fee set by the City Council and by such profiles, elevations,
plot plans, drawings, photographs, color or material samples and other
pertinent information necessary to show what is requested. The
application shall be filed at the office of the Planning Department.
D. WHO APPROVES SIGN APPLICATION:
The Planning Director shall approve applications which comply with the
standards and requirements of this Chapter. The Planning Director may
withhold approval on any application which does not comply with the
standards, provisions, exceptions, prohibitions, or purposes enunciated
in this ordinance. The Planning Commission will review all applications
where an adjustment is requested. Amendments to an approved sign
program or adjustment can be granted by the Planning Director when
such an amendment is determined to be minor and would not change the
general scope or nature of the program.
E. CRITERIA FOR APPROVAL OR DISAPPROVAL:
In processing sign applications, the following standards shall be used.
1. If the sign is consistent with the purposes and provisions of this
chapter and conforms to the standards, exceptions, and prohib-
itions of this chapter, the sign application shall be approved.
2. If the sign is in conflict with the purposes and/or provisions of
this chapter, and/or does not conform to the standards, exceptions
and/or prohibitions of this chapter, the sign application shall be
disapproved.
F. EXPIRATION AND TIME EXTENSION OF SIGN PERMITS:
1. Approval of a Sign Permit or Sign Review application shall expire
one year from its effective date (or an alternate time frame
specified by the Planning Commission or Planning Director) unless
the sign has been erected or a different expiration date is
stipulated at the time of approval. Prior to the expiration of a
Sign Permit or Sign Review approval, the applicant may apply to
the Planning Director for an extension from the date of expiration.
The Planning Director may make minor modifications or may deny
further extensions of the approved sign at the time of extension
if the Director finds that there has been a substantial change in
circumstances.
2. The expiration date of the Sign Permit or Sign Review approval
automatically shall be extended to concur with the expiration date
of building permits or other permits relating to the installation
of the sign.
3. A sign permit shall expire and become void if the circumstances
or facts upon which the permit was granted changes through some
subsequent action by the owner or lessees, so that the permit
would not be permitted under the new circumstances.
G. APPEALS:
All decisions of the Planning Director are, pursuant to the provisions
of this Chapter, subject to appeal to the Planning Commission in ac-
cordance with the provisions of Section 14.84.020 of the San Rafael
Municipal Code.
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ORDINANCE NO. 1536
14.73.080 TIME LIMIT.
The Planning Director may grant the initial permit required by
Section 14.73.020 for one year. Time extensions can be granted for
up to three years at a time if there has been compliance with required
conditions and there has been no record of nuisance. Any such permit
shall automatically terminate and be of no further force and effect
on the termination date it specifies and if no such date is specified,
it shall automatically terminate and be of no further force or effect
one year after the date of its issuance.
14.75.020 USES
a. Where otherwise permitted, no dance hall, roadhouse, night club,
commercial club, or any establishment where liquor is served, or
commercial place of amusement or recreation or any such place
where entertainers are provided whether as social companions or
otherwise, shall be established in any district closer than two
hundred feet to the boundary of any dwelling district, unless a
use permit shall first have been secured for the establishment,
maintenance and operation of such use.
b. Accessory uses and structures in any C or M District may be permit-
ted where such uses or structures are incidental to and do not
alter the character of the premises in respect to their use for
purposes permitted in the District. Accessory uses shall be allowed
only when concurrent with the principal use. Accessory structures
shall be allowed only when constructed concurrent with or subsequent
to the principal structure and in conformity with all spatial,
parking, landscaping and other requirements of this Title.
c. The conversion of any residence, constructed prior to May 2, 1951,
containing over four thousand square feet of gross floor area and
located on a building site of ten thousand square feet or more,
to not more than eight apartments, may be permitted in any R-1
or R-2 District, subject to first obtaining a use permit in each
case.
d. Public or private parking lots for automobiles may be permitted
in an R District adjacent to any C or M District, providing a
use permit shall first be obtained in each case.
e. Churches, schools, parks and playgrounds, public utility and public
and quasi -public buildings may be permitted in an "R" District
wherein not otherwise specified in said district, providing a use
permit shall first be obtained in each case.
f. The filling and removal of minerals, earth and other natural materials
may be permitted in any district providing a use permit shall first
be obtained in each case except that a use permit shall not be
required in the following cases:
-1 Where such filling or removal is being done in accordance with
a) an approval and legally effective tentative and/or final
subdivision map; and b) a legally effective building permit.
-2 Where the filling or removal does not involve in excess of one
hundred cubic yards of material and does not adversely affect
the adjoining property.
g. Mobile homes, travel trailers, trailer coaches and motor coaches
may be used for commercial, professional or industrial purposes if a
use permit is first obtained in each case. Temporary occupancy not
to exceed ninety (90) days may be permitted for night watchman's
quarters or for other security purposes if a use permit is first
obtained in each case. Travel trailers or motor coaches shall not
otherwise be used for human habitation.
h. Trailer coaches may be used for temporary office (i.e., subdivision
sales office) and storage purposes and mobile homes may be used for
on-site quarters for the job superintendent and watchman in conjunc-
tion with construction projects provided the location of the coach
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ORDINANCE NO. 1536
placement and all utility connections are approved by the City Fire
Marshal and Building Inspector and that installation of the trailer
shall not occur more than thirty (30) days prior to the commencement
of the construction nor shall the unit remain longer than thirty (30)
days after completion of the project.
i. Occupancy of Single Family Dwelling Units By Other Than Family.
Without having first obtained a use permit pursuant to Chapter
14.76 of the Municipal Code of the City of San Rafael, it shall
be unlawful for any owner or manager of property which contains
one or more single family dwelling units to rent, lease or allow the
occupancy of such dwelling units by more than one (1) family or any
group of persons who do not comprise a family as defined in this
title.
j. Pursuant to Welfare and Institutions Code, Section 5115 et seq.,
family care facilities serving six or fewer persons shall be treated
as a single family use.
k. No coin operated amusement devices will be installed, placed,
constructed, or otherwise operated outside any place of business,
private residence, or any other outside location, within the limits
of the City of San Rafael.
1. Within all zoning districts, the demolition or conversion to non-
residential use of any building or portion thereof used or originally
constructed to be used for residential purposes, including but not
limited to dwelling units, hotels and rooming or boarding houses,
shall require a use permit approved by the Planning Commission.
Second dwelling units, unsafe structures declared by the building
official to present an imminent danger with corrective repair in-
feasible, minor demolition work determined by the Planning Director
not to result in a loss of housing stock, and illegal units for which
demolition or conversion is required for abatement shall be exempt
from this section. In order to grant any such use permit, the
following findings shall be made:
-1. There is a clearly established need to replace the existing
housing stock with other residential or proposed retail, service
or office use.
-2. When residential use is to be discontinued, the site's minimal
long-term viability for residential use has been clearly
established.
-3. Rehabilitation for residential use in comparison to the pro-
posed alternative is not practically feasible.
-4. Where displacement occurs, mitigation has been required.
m. Fortune-telling, as defined in San Rafael Municipal Code
Section 8.12.050(c), is prohibited in all R Districts. Except where
expressly prohibited, fortune-telling is permitted in all other
districts providing said use complies with all the standards and
requirements of said district.
14.75.080 NONCONFORMING USES.
a. The lawful use of land existing on May 2, 1951, although such use
does not conform to the regulations herein specified for the dis-
trict in which such land is located, may be continued, provided
that no such use shall be enlarged or increased, nor be extended
to occupy a greater area than that occupied by such on May 2,
1951, and that if any such use ceases, the subsequent use of such
land shall be in conformity to the regulations specified by this
Title for the district in which such land is located.
b. The lawful use of building existing on May 2, 1951, may be con-
tinued, although such use does not conform to the regulations
specified for the district in which such building is located.
c. The nonconforming use of a portion of a building may be extended
throughout the building providing that a use permit shall first
be obtained.
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ORDINANCE NO. 1 536
d. The nonconforming use of a building may be changed to a use of
the same or more restricted nature provided that a use permit
shall first be obtained.
e. If the nonconforming use of a building 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.
f. A nonconforming building damaged or destroyed by fire, explosion,
earthquake, or other act to an extent of more than seventy-five
percent of the appraised value thereof, according to the Assess-
or's records, may be restored only if made to conform to all the
regulations of the district in which it is located provided that
such building may be restored to a total floor area not exceeding
that of the former building if a use permit is first obtained.
g. Ordinary maintenance and repairs may be made to any nonconforming
building providing no structural alterations are made and providing
that such work does not exceed fifteen percent of the appraised value
in any one year period. Other repairs, alterations, and minor
additions may be permitted provided that a use permit shall first be
obtained.
h. Nothing contained in this title shall be deemed to require any
change in the plans, construction or designated use of any build-
ing for which a building permit has properly been issued, and
upon which actual construction has been started prior to May 2,
1951, provided that in all such cases actual construction shall
be diligently carried on until completion of the building.
i. Small lots developed in accordance with Section 14.75.090 shall
not be considered nonconforming.
j. Structures erected in accordance with Section 14.75.090 shall not
be considered nonconforming uses.
14.82.030 ACTIONS OF THE ZONING ADMINISTRATOR.
The Zoning Administrator shall hear and have the power to approve,
approve with conditions, deny or refer to the Planning Commission
the following items:
a. Variances
-1 Encroachment into required setbacks.
-2 Parking in required setbacks.
-3 Number of parking spaces.
-4. Exceeding height limitations.
-5. Time extension to Planning Commission approvals.
b. Use Permits
-1 Time extensions, unless specifically exempted by the Planning
Commission at the time of original approval.
-2 Amendments that do not alter the basic functions of the approved
use.
-3 Motor vehicle service uses.
-4 Fences.
-5 Earth fill up to 10,000 cubic yards or excavation up to 2,000
cubic yards.
-6 Additions, enlargements, and/or maintenance of nonconforming
structures where determined a use permit is necessary per
Section 14.75.080(g).
-7 Use of substandard lots for residential or commercial construction.
-8 Dwelling groups.
-9 Outdoor sales and storage.
-10 Outdoor dining/seating for an eating establishment.
-11 Liquor sales.
-12 Schools and churches contained within existing buildings.
-13 Exceptions to height for antennas, towers, poles and windmills.
-14 Review of previously approved Transportation Systems Management
programs for existing developments.
maim
ORDINANCE NO. 1536
c. Animal Permits.
d. Environmental and Design Review.
-1 Amendments that do not alter the basic site layout or appearance
from the form approved by the Planning Commission.
-2 Accessory structures or room addition applications required by
Section 14.11.020(6) (2).
-3 Expansion of nonconforming buildings in an "N" (Nonconforming)
District.
-4 Parking lots.
-5 Time extensions to Planning Commission approvals.
-6 Minor additions and alterations to existing commercial buildings where
the addition is no greater than 30% of the total building square
footage and in no case greater than 750 square feet.
-7 Additions to apartment complexes per Section 14.11.020A.2(i).
e. Certificates of Compatibility for Mobile Homes as Required Under
Section 14.14.030.
14.88.010 EXPIRATION.
a. Environmental Design Review, Use Permit, Variances, Animal Permits.
Initial approvals are valid for one year or unless otherwise specified
or permitted. The approval shall lapse and become null and void at
the end of the authorized time frame if the applicant has not pursued
completion of the project and applied for building permits and
business licenses. If more than one phase of a project is approved
in a single action and the later phases remain outstanding, their
approval shall lapse at the end of the authorized time frame. Prior
to the expiration date, the applicant may apply to the Planning
Director for an extension. The Director can either refer the exten-
sion application to the Planning Commission or the Zoning Administrator
or approve or conditionally approve an extension.
b. Planned Zones.
The approval is valid for 18 months. The approval shall lapse
and become null and void at the end of 18 months if the applicant
has not pursued completion of the project and applied for sub-
division and building permits. If more than one phase of a project
is approved in a single action and no phasing schedule is specified,
the approval shall expire and become null and void if there is an
18 -month lapse between any of the following:
-1 Zoning approval and tentative subdivision;
-2 Tentative subdivision approval and final subdivision approval;
-3 Final subdivision approval and building permits.
Prior to the expiration date, the applicant may apply to the Planning
Commission for an 18 -month extension.
DIVISION 2. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the
remaining portion of this ordinance. The City Council of the City
of San Rafael hereby declares that it would have adopted the
ordinance and each section, subsection, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases shall be declared
invalid.
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ORDINANCE N0, 1536
DIVISION 3. This ordinance shall be published once in
full before its final passage in a newspaper of general circula-
tion, published and circulated in the City of San Rafael, and
shall be in full force and effect thirty (30) days after its final
passage.
LAWRENCE E. MULRYAN, M yor
Attest:
J I NI.
AONCIN City Clerk
The foregoing Ordinance No. 1536 was read and
introduced at a Regular meeting of the City Council of the
City of San Rafael, held on the 15th day of June , 1987,
and ordered passed to print by the following vote, to wit:
AYES. COUNCILMEMBERS•. Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES. COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
was amended and reread and reintroduced at a regular meeting
of the City Council of the City of San Rafael, held on the
6th day of July_, 1987, and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERSC Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES. COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of
San Rafael at a regular meeting of the Council to be held on
the 20th day of July , 1987.
JEA E LEONCI�City erk
109.93 A/1