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HomeMy WebLinkAboutDRB 2013-12-03 SRMC Title 14CITY OF Community Development Department- Planning Division Meeting Date: December 3, 2013 Case Numbers: Z010-001 Project Planner: Kraig Tam born i(41 5) 485-3092 Agenda Item: REPORT TO DESIGN REVIEW BOARD SUBJECT: San Rafael Municipal Code Title 14 and Title 17 Amendments (Zoning Ordinance) — Z010-001. Amendments to the Zoning Regulations and Title Tideland Permit requirements (text -only edits), applying City-wide. -- Continued from the November 5, 2013 meeting -- DISCUSSION On September 17, 2013 the Design Review Board conducted a hearing on a selective set of text amendments proposed for the City zoning ordinance. The amendments were further discussed at the October 8, 2013 and November 5, 2013 Board meetings. On November 5 2013, the Board concluded its initial review of the amendments. Meetings can be viewed at http://www.cityofsanrafael.org/meetings by selecting the desired Design Review Board meeting date. The Board has provided recommended changes to the draft text, and gave direction for staff to return with additional information on several items. The following summarizes the Board action to date: The Board accepted with no further changes the following draft amendment sections: ✓ Zoning District Land Use Tables and Development Standards (Chapters 14.04 through 14.09) ✓ Wetland overlay chapter revisions (Chapter 14.13) ✓ New and revised accessory structure, light and glare, mechanical equipment, sight distance, small wind energy systems, solar installations, swimming pools and wireless facilities regulations (Chapter 14.16) ✓ New performance standards for outdoor storage uses (Chapter 14.17) ✓ Allowance for temporary window signs for vacant storefronts (Chapter 14.19) ✓ Recommend the City of San Rafael Parking Lot Trees list. The Board recommended further changes to the following draft amendments: ✓ Revise the definition of structure to exclude retaining walls up to four feet in height (instead of three feet), and allow small retaining walls up to four feet in height to be located within required yards (Chapter 14.03 Definitions & Chapter 14.16 Site and Use Regulations; including Section 14.16.020 Accessory Structures; 14.16.130 Exclusions to required minimum yards; 14.16.140 Fences and Walls) ✓ Do not propose to exempt upper story additions under 500 square feet from review. Alternatively, downgrade review from Zoning Administrator to Administrative level with noticing of adjacent neighbors would be supported (Chapter 14.25). The Board requested additional information on the following topics: 1. Revised "Height, non -hillside" definition that would replace the current UBC method of measurement (Chapter 14.03 Definitions) 2. Design standard specifying required transitions at top and base of steep driveways and for approach to the garage (Chapter 14.12 Hillside Overlay) 3. Minimum setback separation between terraced fences and retaining walls (Chapter 14.16 Site and Use Regulations, Fences and Walls) 4. Criteria for mitigating potential noise impacts associated with mechanical equipment (Chapter 14.16 Site and Use Regulations, Sections 14.26.243 Mechanical equipment, 14.16.305 Solar Installations, and 14.18 Parking lot landscaping) 5. Discuss the additional paving and landscaping solutions that were identified during staff research of proposed edits to the standards. Also, discuss impact of new NPDES/bio-filtration requirements. (Chapter 14.18) This report discusses these remaining items. The unmodified Exhibit A (Zoning Amendments) has been provided with this report, for reference in reviewing these remaining discussion items. ANALYSIS 1. Chapter 14.03 Height Definition' The Board recommended that the non -hillside definition should be similar to the draft hillside method, and requested examples of definitions applied in other nearby jurisdictions. The current height definition is as follows: Height of a building means the vertical height as determined by the methods in the latest edition of the Uniform Building Code adopted by the city. For residential lots subject to the hillside residential design guidelines, the height of all structures, fences and walls shall be measured vertically from the existing grade to the uppermost point of the roof edge, wall parapet, mansard or other feature perpendicular to that grade. The currently proposed height definitions are as follows: Height, non -hillside is the vertical distance above a reference datum measured to 1) the highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest gable of a pitched or hipped roof. See Figure 3 for various roof types. The reference datum shall be selected by either of the following, whichever yields a greater height of building: 1. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior of the building. (See Figure 2A) 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more Hillside HeightMeasurement than 10 feet above lowest grade (See Figure 2B). The height of a stepped or terraced building may be - determined based on the existing grade condition at each building segment, as determined by the community development director. Ht. Height, hillside means the vertical height of all structures, , , ,. Excavated grade fences and walls measured vertically from the existing "natural" Existing grade grade to the uppermost point of the roof edge, wall parapet, mansard or other feature perpendicular to that grade. 1 Refer to Exhibit A, page A-1 The definitions used in surroundina Cities and the Countv are as follows: County of Marin Height of building means the vertical distance from the natural or finished grade to the highest point of the structure. Maximum height is measured from natural or finished grade to an imaginary plane located the allowed number of feet above and parallel to the natural or finished grade. Any structure built prior to April 8, 1980, shall be exempt from becoming nonconforming, with respect to height, by the application of this section. Grade means: 1. For buildings adjoining one street only, the elevation of the sidewalk at the center of that wall adjoining the street. 2. For buildings adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets. 3. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. 4. All walls approximately parallel to and not more than five feet from the street line shall be considered as adjoining the street. City of Novato Height Measurement. The maximum allowable height shall be measured as the vertical distance from finished grade at the base of the structure to an imaginary plane located the allowed number of feet above and parallel to the finished grade at any point. See figure 3-3. Finish grade shall be established in a manner consistent with ".PnmyPkne parcels in the vicinity as determined by - »#K�s"=� the Director, and shall not be artificially mm"nW"'�"�'t raised to gain additional building height. - ' Grade. The elevation of the–,.,:�in.` .—Fina,,d�,-� • finished ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for Figure3-3 measurement of the height of the HeKht heuxum ment structure. For buildings or structures located within five feet from the street line, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings or structures adjoining more than one street, the average of the elevations of the sidewalks at the centers of all walls adjoining streets. San Anselmo Building Height means the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point on the roof, ridge, or parapet wall including all antennas (television, radio, cellular, and satellite). Public utility transmission and distribution lines are not included in this definition. Mill Valley Building Height means the vertical distance from the natural grade to the highest point of the structure. Maximum height is measured from natural grade to an imaginary plane located the allowed number of feet above and parallel to the natural grade. Tiburon Height. The plumb vertical distance, measured using a plane, established by the lower of the natural or finished grade at the perimeter of the exterior surface of the building, structure, fence, or wall. No point of the roof edge, fence, wall, parapet, mansard, structure, or other building feature shall extend above the plane established by the maximum height line from grade, except as specifically excluded in subsection 16-30.050.D (exceptions to height limits). Sausalito Standard Building Height. Building height is the vertical distance from the average level of the natural ground surface under the building to the highest point of the building or structure. To determine the height of a building, the highest and lowest points of contact with the natural grade are identified and the average of these two elevations is the point from which the permitted maximum height is measured. The highest and lowest points of contact are determined where the maximum vertical projections of the perimeter walls of the building contact the natural grade. Where more than one structure is proposed for construction, the permitted height shall be individually computed for each detached structure. Balconies, decks and similar appurtenances and projections shall not be included in measuring the primary structure's building height. Sloped and Level parcels. In addition to the provisions contained in subsection B (Measurement of height), height restrictions shall apply to all sloped (uphill and downhill) and level lots, as the lots are sloped from abutting streets. For lots that abut more than one street, more than one restriction will apply. The Community Development Director shall review and make a determination for proposals that do not meet the site conditions described below. 1. Uphill. Any slope greater than ten (10) degrees slope computed upward from a parcel line that abuts a street at the front of the property to the rear of the property. On the uphill side of a street, a sloped roof that exceeds the height restriction identified in Section 10.40.060.6 (Measurement of Height) may be permitted subject to the following conditions (see Diagram 10.40-4): a. The roof slopes to meet a front wall of less than 32 feet toward the front property line, measured as stated above; b. The maximum height within the first 15 feet does not exceed 40 feet; and c. The sloped roof is subject to review and approval by the Planning Commission as governed by Chapter 10.54 (Design Review Procedures) of this Title. 2. Level. Any slope between ten (10) degrees up and ten (10) degrees down computed from a parcel line that abuts a street at the front of the property to the rear of the property. On level parcels, no portion of a building, including any portion of a roof, chimney or other appurtenance, shall exceed a height of 32 feet, as measured from a point located at the centerline of the paved portion of the road opposite the midpoint of the front parcel line. See Diagram 10.40-3. 3. Downhill. Any slope greater than ten (10) degrees slope computed downward from a parcel line that abuts the street at the front of the property to the rear of the property. The following provisions apply (see Diagram 10.40-5): a. Height restrictions. On the downhill side of a street no portion of a building, including any portion of a roof, chimney, or other appurtenance shall exceed a height of twenty-four feet, as measured from the centerline of the paved portion of the road opposite the midpoint of the front parcel line. b. Exception for parking. On the downhill side of a street, that portion of a building devoted to covering the off-street parking spaces and building access may project above the thirty-two foot required height limit subject to the following conditions: (1) The overall height of the structure and all appurtenances does not exceed 40 feet; (2) The portion of new proposed structures exclusive of covered parking does not exceed the 32 foot height limit; (3) The covering does not violate any other provisions of this Title; (4) The covered parking is the highest structure on an uphill lot; and (5) The covered parking is subject to review and approval by the Planning Commission as governed by Chapter 10.54 (Design Review Procedures) of this Title. As seen above, height methods appear to vary considerably throughout the County. Staff suggests the following definitions, subject to further discussion and a recommendation by the Board: "Height, non -hillside means height of all structures, fences and walls measured vertically from finished grade at the base of the structure to an imaginary plane located above the finished grade plan at any point. The finished grade elevation typically means the finished ground surface immediately adjacent to the exterior base of a structure, and usually consists of a horizontal (level) plane. Grade shall not be artificially modified for the sole purpose of increasing the overall building height, as determined by the Community Development Department, Planning Division. The height of a multi -stepped or terraced building may be determined based on the finished grade condition at defined building segments, as recommended by the community development director and building official. 4 Height, hillside means the height of all structures, fences and walls shall be measured vertically from the existing (i.e., natural) grade to the uppermost point of the roof edge, wall parapet, mansard or top of other feature located directly above the existing grade elevation at any point." 2. Chapter 14.12 Hillside Overlay Driveway Standards2 The Board has recommended that the design standards should be provided to specify the minimum requirement for transitions at the top and base of steep driveways, and for an approach to a garage on a warped driveway plane. Staff will follow up with the Department of Public Works and request its recommendations on any specific language that could be incorporated into section 14.12.030 Property Development Standards. If the Department recommends specific design parameters, this will be provided to the Planning Commission as an additional edit. Otherwise, this would continue to be evaluated by the various City Departments and Board on a case by case basis. 3. Chapter 14.16 Fence & Wall Separation Requirements3 The Board recommended that fences on walls should either be grade separated or height should be measured from the base of the wall to the top of the fence. Staff suggests the followinq further revision to Section 14.16.140(A.3) Measurement of Height for fences and walls: "The height of a fences vegetation or wall shall be measured from finished ground level as determined by the community development director. Structural and/or decorative elements may not exceed the maximum height limits, except for minor decorative entryway treatments as permitted in this section. "Terraced fences and/or retaining walls shall provide a minimum horizontal separation equal to either one- half the height of the tallest adjacent fence/wall section, or two -feet, whichever is greater, in order to allow for landscaping between the terraced fence and/or wall segments. The height of a fence placed on top of a wall and height of a terraced fence or wall that does not provide the minimum required horizontal separation shall be measured from the lowest exterior grade elevation at the base of the improvements to the top of the next adjacent fence or wall section; consistent with the illustration above. Fence Max. Allowod Retaining Fenco _ Wall Height Property Lino 4. Chapter 14.16 Noise from Mechanical Equipment (EV Transformer, Wind Energy, Etc)4 The Board commented that the noise ordinance requirements of Chapter 8.13 (that specify maximum allowable noise limits) may not address nuisance noise that might be generated from mechanical equipment, particularly in a residential environment. The Board recommended that additional noise criteria should be developed to further mitigate a constant new source of mechanical noise. Table 8.13-1 General Noise Limits establish daytime 60 dBA intermittent and 50 dBA constant and nighttime 50 dBA intermittent and 40 dBA constant noise limits. The Noise Ordinance provides 2 Refer to Exhibit A, page A-41 3 Refer to Exhibit A, page A-52 4 Refer to Exhibit A, pages A-57, 58, 59 and A-80 5 standards for intermittent residential power equipment and construction activities. However, there are no other standards for mechanical equipment noise. "Nuisance" noise is difficult to regulate beyond the current code provisions. The Noise Element Policy N-3 recommends use of noise barriers to reduce noise levels from ground transportation sources. Such barriers must interrupt the line of sight between the noise source and receiver in order to reduce both indoor and outdoor noise levels. A barrier should provide at least Ldn 5 dB of noise reduction to achieve a noticeable change in noise levels. Staff suggests the following for further consideration as an amendment to the subject provisions (append draft requirements of `Section 14.16.243 Mechanical equipment, Section 14.16.305(C) Small wind energy systems Development Standards, Section 14.16.307(A) Solar installations, Section 14.16.320 Swimming pools, hot tubs and other mechanical equipment, & Section 14.18.045(D) Designated parking for clean air vehicles, Pre -wiring for Electric Vehicle Charging Stations'): Or, "Should the constant noise levels associated with facility equipment be perceptible off- site, a noise barrier shall be provided that reduces the noise level by at least 5dB Ldn below the maximum daytime/nighttime threshold allowance established for the subject zoning district, measured at the subject property line (as established under SRMC Table 8.13-1)." "New mechanical equipment that generates perceptible noise at the property line, including new transformers and wind energy systems, shall be required to provide a solid noise barrier or sound attenuation shielding around equipment to ensure that any additional noise generated by the equipment shall not exceed the maximum daytime/nighttime threshold allowance established for the applicable zoning district, when measured at the subject property line (as established under SRMC Table 8.13-1)" Staff would need to research this subject further to determine whether additional noise impacts may result, and provide more definite recommendations. The latter amendment language (or similar) is recommended in -lieu of the unknown characteristics from mechanical noise, whether or not any might occur. Staff requests further suggestions and recommendations from the Board, as appropriate. 5. Chapter 14.18 Parking Lot Paving and Landscaping Revisions & Bio -Filtrations The Board asked to review additional revisions for parking landscaping and screening that were considered by staff in development new standards for reduction of solar heat gain. Revisions to the parking lot and landscaping sections are intended to reduce greenhouse gasses by improving tree growth and coverage, reduce solar heat gain and support alternative fuel vehicles. Staff has contacted the consultant that prepared this section to discuss this topic further. The consultants investigations found that improved planting and larger canopy tree sizes distributed within interior landscape islands would be more successful than prescribing a percent coverage standard. The revised standards in Exhibit A include most of the final recommendations of the consultant, with the exception that Section 14.18.160.B -C have been modified to deviate from the consultants recommended edits, as follows: Staff recommended draft amendment to 14.18.160.B — Exhibit A (Zoning Amendments) B. Minimum trees. A minimum of one canopy tree shall be provided for every four (4) parking spaces. Trees shall be distributed throughout the parking area to shade cars and paved areas. Clustering of trees may be considered subject to approval of the decision making body, where it is demonstrated that the intent will be met to provide ample shading and screening of parking areas and enhance the visual appearance of parking lots. In downtown, this section does not apply to parking lots for twenty (20) or fewer cars, and the standards in this section may be reduced for parking lots for twenty-one (21) to forty 5 Refer to Exhibit A, page A-82 (40) cars, subject to recommendation by the design'review board and approval of a minor design review permit. C. Tree Selection and Distribution. Parking lot trees shall be selected and located to achieve maximum shading of paved surfaces, through utilization of the following techniques: 1. Distribute trees uniformly throughout parking areas, incorporating use of regularly spaced finger islands (see illustration below) and landscape medians between parking rows to the extent practicable. 2. Cluster trees on southerly and westerly perimeters of parking lots. 3. Provide minimum tree canopy diameters of fifteen feet (16) and include tree species with large canopy diameters, e.g., greater than thirty feet (30'). 4. Increase tree planting ratios as necessary to provide equivalent canopy coverage of the site where less than half of the required trees are proposed as large canopy tree species. D. Minimum Size of Planting Areas and Tree Wells. Planting areas containing trees and tree wells shall have a minimum area of thirty-six (36) square feet and a minimum interior width of six feet (6), exclusive of curbs. For large canopy tree species, tree wells shall have a minimum area of sixty-four (64) square feet and a minimum width of eight feet (8') exclusive of curbs, to the extent this larger planting area is practicable and can be accommodated on-site. Consultant recommended amendment to 14.18.160.B: B. Minimum trees. A minimum ^f one Ganep +roo number of trees shall be included in planting areas within or adjacent to the parking lot at the following ratio: 1. For tree species listed as having canopy diameters of thirty feet (301 or greater on a list of recommended parking lot trees adopted by resolution of the City Council, or for trees determined by the design review authority to have the same size and growth characteristics as those contained on the recommended list of parking lot trees, one (1) canopy tree shall be provided for every four (4) parking spaces_ 2. For tree species listed as having canopy diameters of less than thirty feet (30') on a list of recommended parking lot trees adopted by resolution of the City Council, or for trees determined by the design review authority to have the same size and growth characteristics as those contained on the recommended list of parking lot trees, one (1.5) canopy trees shall be provided for every four (4) parking spaces. In downtown, this section does not apply to parking lots for twenty (20) or fewer cars, and the standards in this section may be reduced for parking lots for twenty-one (21) to forty (40) cars, subject to recommendation by the design review board and approval of a minor design review permit. C. Tree Distribution. Parking lot trees shall be located to achieve maximum shade on paved surfaces by being distributed throughout the parking area and/or clustered on the southerly and westerly perimeters of the parking lot. D. Minimum Size of Planting Areas and Tree Wells. Planting areas containing trees and tree wells shall have a minimum area of thirty-six (36) square feet and a minimum width of six feet (61 exclusive of curbs, except that planting areas adjacent to street right-of-ways or containing tree species listed as having canopy diameters of thirty feet (30') or greater on a list of recommended parking lot trees adopted by resolution of the City Council shall have a minimum area of sixty-four (64) square feet and a minimum width of eight feet (8'). These requirements may be reduced by the design review authority through use of pervious paving materials adjacent to the planting area. Staff has not proposed to implement consultant's recommendation for subsection B verbatim, that prescribes tree ratio's by canopy size (e.g., more trees if medium canopy type and fewer if large canopy trees). Rather, staff has recommended retaining the existing tree ratio and reviewing mix of tree canopy sizes on a case by case basis, as part of design review and with the recommendation of the Board (to determine species and size appropriate for given site characteristics). This approach is considered to be more practical to manage and implement with available staff resources, and considering the built -out character of San Rafael. Further, structural soils are not being required which are more expensive by allowing for compaction in a parking lot situation. The problem that has been noted with structural soils is that it has a high proportion of inorganic materials (sand and small rock), thus it takes more volume to create a sufficient growing medium. Rather, draft section 14.18.160.G establishes some minimum best practices and requires monitoring and certification of work by the project landscape architect. Finally, bio -filtration has been considered in the draft (by reference to Public Works requirements). NPDES (National Pollutant Discharge Elimination Systems) permit requirements are becoming more stringent and will affect design and monitoring of parking lot landscaping. Bio -filtration requirements are reviewed and recommended by Public Works on a case-by-case basis. Staff has not received any new or additional standards based Public Works staff review of this section. It is not known for certain whether more parking lot landscape area would be required for infiltration/bio-retention and/or if this will be able to replace need for pollutant filters. Bio -retention areas may impact tree planting opportunities. Thus, additional enhancement of developed sites could have an impact on existing parking supply. Public Works staff typically works with the developer's engineers to identify a solution that may include a combination of bio -filtration and enhanced storm drainage improvements. The revised Parking standards have been written to allow for parking to be reduced in order to encourage bio -filtration solutions within developed sites, which are more desirable. At this time, this has remained primarily as an engineering solution, subject to review and recommendation by Public Works. No further zoning standards have been identified or recommended to address this topic at the present time. CONCLUSION & RECOMMENDATION Staff recommends that the Board conclude its discussion of these remaining items and provide its recommendation to the Planning Commission on the draft zoning edits. Staff has provided the current, un -edited, draft Exhibit A (Zoning Amendments) for the Board to reference in reviewing these remaining discussion items. Once the Board has completed this review, staff will update draft Exhibit A (Zoning Amendments) and forward the document to the Planning Commission. EXHIBIT A - DRAFT CHAPTER 14.03 - DEFINITIONS 1. Delete definitions in Section 14.03.030 for "Duplex'; and relocate to residential definitions with revisions, and for "Height' and replace with revised definitions: 2, Add the following definitions to Section 14.03.030 addressing currently undefined land uses listed in the commercial and residential land use tables, to relocate Duplex, Residential with other residential land use definitions, add new definitions for "Height' to memorialize the method of measurement for hillside and nonhillside, "Emergency Shelters" in response to SB2, and "Wind Energy Systems" in accord with General Plan 2020 Sustainability Element and concurrent with new proposed Site and Use regulations Sections 14.16.11 S and 14.16.305: "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person that is limited to occupanc .off months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Food service establishment" means a business serving food and/or beverages such as a restaurant, cafe coffee shop cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service. "Height, non -hillside " is the vertical distance above a reference datum measured to 1 the highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest gable of a pitched or hipped roof. See Figure 3 for various roof types. The reference datum shall be selected by either of the following, whichever yields a greater height of building 1. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior of the building. (See Figure 2A) 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowestrg ade (See Figure 2B). The height of a stepped or terraced building may be determined based on the existing grade condition at each building segment, as determined by the community development director. Revised 09.11.2013 WIN -0 2, Add the following definitions to Section 14.03.030 addressing currently undefined land uses listed in the commercial and residential land use tables, to relocate Duplex, Residential with other residential land use definitions, add new definitions for "Height' to memorialize the method of measurement for hillside and nonhillside, "Emergency Shelters" in response to SB2, and "Wind Energy Systems" in accord with General Plan 2020 Sustainability Element and concurrent with new proposed Site and Use regulations Sections 14.16.11 S and 14.16.305: "Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person that is limited to occupanc .off months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay. "Food service establishment" means a business serving food and/or beverages such as a restaurant, cafe coffee shop cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service. "Height, non -hillside " is the vertical distance above a reference datum measured to 1 the highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest gable of a pitched or hipped roof. See Figure 3 for various roof types. The reference datum shall be selected by either of the following, whichever yields a greater height of building 1. The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior of the building. (See Figure 2A) 2. An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described in Item 1 above is more than 10 feet above lowestrg ade (See Figure 2B). The height of a stepped or terraced building may be determined based on the existing grade condition at each building segment, as determined by the community development director. Revised 09.11.2013 Figure 1 Determination of reference datum Figure 2 Building height by Building Code provisions Height 1 FLI of Height I L] Building Of 5'-0" 1 Building 7 I LE L T, 6-0- U. I LL Dat L --V—M <JV -O- 5'-0" Figure 2A °S Figure 2B 5.-0. >10'-0" 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PRASE 11) A-2 Z010-001 Elevation I lines Exterior wall High of building point Low point Figure 2 Building height by Building Code provisions Height 1 FLI of Height I L] Building Of 5'-0" 1 Building 7 I LE L T, 6-0- U. I LL Dat L --V—M <JV -O- 5'-0" Figure 2A °S Figure 2B 5.-0. >10'-0" 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PRASE 11) A-2 Z010-001 Figure 3 Building height for various roof types UBC Gable — = i UBC I I Mansard I IUBC -- --� - Y_— Hip UBC Mansard UBC UBC i Gambrel Shed "Height hillside" means the vertical height of all structures, fences and walls measured vertically from the existing "natural' grade to the uppermost point of the roof edge, wall parapet, mansard or other feature perpendicular to thatrg_ade. Hillside Height Measurement Ht..—_,I_. Excavated grade Existing grade "Residential duplex" means one structure on a single lot containing two (2) dwelling units, each of which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household for "transitional housing" and "supportive housing" as defined under the State Health and Safety Code. "Residential multifamily" means medium and high density residential development, including a "transitional housingdevelopment" as defined under State Health and Safety Code Section 50675.2 (and 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-3 Z010-001 subsequent amendments), containingthree hree (3) or more attached dwelling units in one or more structures located on a single parcel or common lot. "Residential, single-family" means low density residential development containing one (1) primary residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a single-family dwelling and/or second dwelling unit as a household for "transitional housing' and "supportive housing" as defined under the State Health and Safety Code. Single -room occupancy development. see "Boarding house." "Small wind energy system" means a wind energy conversion system consisting of a freestanding or roof mounted wind turbine and associated control or conversion electronics which is intended to produce energy for use primarily on site. "Supportive housing" means housing as defined under State Health and Safety Code (HSC) Section 50675.14(b); i.e., with no limit on length of stay, that is occupied by the target population as defined in HSC subdivision (d) of Section 53260 (i.e., adults with low-income having one or more disabilities including mental illness, HIV or AIDS, substance abuse or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act Division 4.5, commencing with Section 4500 o the Welfare and Institutions Code and may include, amongother populations, families with children, elderly persons, young adults aging out of the foster caresystem, individuals exiting institutional settings, veterans, or homeless people) and that is linked to on- or off-site services that assist the supportive hosing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Transitional housing" and "transitional housingdevelopment" mean rental housingdevelopments as defined under State Health and Safety Code Section 50675.2; i.e., buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. "Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical energy, which it then converts into electricity. 3. Amend the following definitions of Section 14.03.030 to be consistent with terms used in San Rafael General Plan 2020, and to coincide with modifications proposed to Chapter 14.13 Wetland Overlay District Standards and amendments made to Chapter 14.16 Site and Use Regulations related to accessory structures, lot coverage and setbacks: "Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building and use that requires a foundation or structural support on therg ound. 9 a stfuetum is eenneeted to the pal building by . ntin ,,,,,s feefline or- by a eever-ed (r-eefed) breezeway no greater- than ten fe� (10') in length, the building shall be Accessory structures include, but are not limited to, gars eg s�rports, gazebos, greenhouses, storage sheds, freestandingsolar olar panel arrays, small wind energy Ustems, cabanas studios sport courts, spas, hot tubs and pools. Accessory structure would not include a "tree house" that does not have a foundation support on the ground or require building permit. "Creek" means aft --a perennial, intermittent or ephemeral open watercourse which has a defined bed and bank and connecti*gs to other water bodies, as shown on the San Rafael General Plan gener-al plan 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-4 Z010-001 watershed and creeks map. Also -Creek also includes unmapped tributaries to the bay to the point at which they have a defined bed and bank. Creek is distinguishable from a "drainagewa "Drainageway" means: (1) an open Swale i hillside area or localized depression that lacks defined banks, v4iieh seasonally ^^"e^*s, ee een4r- tes which transports stormwater to creeks, wetlands or water bodies such as the bay; and (2) man-made open ditches or channels (typically with low habitat value) which drain developed properties. Drainageway is distinguishable from a "creek." "Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section 14.16.225). "Lot coverage" means that portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches (30") in height; and detached recreational and storage structures that are greater than one hundred (120) square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, detached garden shed, tool shed, playhouses and similar detached accessory structures that do not require a building permit and are not greater than one hundred tweM 020) square feet in size and no taller than eight feet (8') in height, and portions of structures that are located below existing grade, and detaehed r-effeational and storage stT-uc4ufes that are one hundred twenty (4-2,0) f ^r less in size. Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Medical office uses typically require use of specialized medical equipment and medical training to evaluate, diagnose and administer treatments, medication or therapies which require a prescription (including administering oxy eg n or performing dialysis, and sleep diagnostics facilities);- increased support staff needs;; multiple patient treatment rooms' - and patient waiting areas. Counseling services and other services provided by nonmedical professionals may also be included under "offices, general." "Structure" means anything constructed or erected that requires a foundation or a structural support on the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the height does not exceed six feet (6); retaining walls under three feet (3') or less in height; sw ing—eels; and improvements built at -grade such as parking lots and access drives or walks;;–, n storage sheds or reer-eationaWplay strueWfes that are one hundr-ed and twen4y (120) square feet or- less in floor- area. Yard, side. "Side yard" means an open area extending fry between the front yard andte the rear yard and 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. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A -S Z010-001 CHAPTER 14.04 – RESIDENTIAL DISTRICTS (R, DR, MR, HR) 4. Amend the Residential Land Use Table 14.04.020 Residential Uses to identify `Animal Keeping' use as subject to Administrative -level review, and the `Emergency Shelter for the homeless, Permanent' to reference additional proposed site and use regulations provided in Chapter 14.16: 14.04.020 Land use regulations (R, DR, MR, HR, PD). P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed. Table 14.04.020 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 AE AE AE AE AC See standards, Chapter 14.17.020 See Chapter 6.04 Boardinghouse or roominghouse C C C Conversion of senior housing to nonsenior housing C C C C C Emergency shelters for the homeless Permanent C See standards, Section 14.16.1 15 Temporary or rotating C C C C C Home occupations P P P P P See standardsfeg , Chapter 14.16 Mobile home parks C C See standards, Chapter 14.17 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 (800 square feet in size or less) P P P P P See standards, Chapter 14.16 Second dwelling units (greater than 800 square feet in size or in a separate building not meeting required setback or height requirements) C C C C C See standards, Chapter 14.16 Visitor Accommodations Bed and breakfast inns C* C C C *On nonhillside lots, 20,000 square feet or larger. Hotels and motels C C Day Care Day care facility, child or adult Family day care home 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-6 Z010-001 Type of Land Use R DR MR HR PD Additional Use Regulations Small (0-8 children or adults) P P P P P Large (9-14 children) CZ CZ CZ CZ CZ See standards, Chapter 14.17 Large (9-14 adults) C C C C C Day care center (15 or more C* C C C C* *Prohibited in R2a, RI and PD children or adults) districts, and R20 hillside residential lots. Public and Quasi -Public Uses Clubs and lodges, including youth C C C 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 - hillside districts, and R20 hillside residential lots. Schools Public P* P P P C* *Prohibited in R2a, Rla and PD - hillside districts, and R20 hillside residential lots. Parochial, private C* C C C C* *Prohibited in R2a, RI and PD - hillside 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; counseling groups and those private business uses which would be permitted as home occupations. *Prohibited in R2a, Rla, and PD -hillside districts, and R20 hillside residential lots. Offices and Related Uses Medical services (medical, dental and health-related services with sale of articles clearly incidental to the services provided) Hospitals C C Major medical facilities, C C C including extended care facilities (treatment and convalescent) and children's treatment facilities Commercial Uses Plant nurseries and garden supply C C C C 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_7 Z010-001 Type of Land Use R DR MR HR PD Additional Use Regulations Transportation Facilities R20 Parking lot, public or private C C C See regulations, Chapter 14.18 Accessory Structures and Uses Additional Accessory structures and uses P P P P customarily incidental to a permitted use and contained on the same site P See regulations, Chapter 14.16 5. Amend the Residential Development Standards Table 14.04.030 concurrent with revision to Chapter 14.25 to exempt upper story additions of 500 square feet or less in size from design review: 14.04.030 Property development standards (R). N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, a listing of improvements subject to review (including upper story additions greater than 500 square feet), and design guidelines and criteria for development. Table 14.04.030 (A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square feet. See Section 14.16.300, Small lots. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-8 2010-001 R2a Rla R20 R10 R7.5 R5 Additional Standards Minimum lot 2 acres 1 acre 20,000 10,000 7,500 5,000/6,00 (A) area (sq. ft.) 0 (corner) Minimum lot 150 150 100 75 60 50/60 width (ft.) (corner) Minimum yards Front (ft.) 20 20 20 20 15 15 (B), (C) Side/street 15 15 1256" 10 6 10% of lot (D), (E) side (ft.) width, min. 3', max. 5' Rear (ft.) 25 25 10 10 10 10 Maximum 30 30 30 30 30 30 (F) height of structure (ft.) Maximum lot 20% 25% 30% 40% 40% 40% coverage Maximum 50%/75% 50%/75% 50%/75% 50%/75% 50%/75% 50%/75% (F), (G), upper story of lot of lot of lot of lot of lot of lot (H) floor size coverage coverage coverage coverage coverage coverage calculation calculation calculation calculation calculation calculation Private yard NR NR NR NR NR NR area Parking * * * * * * * Based on use. See 14.18.040 (A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square feet. See Section 14.16.300, Small lots. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-8 2010-001 (B) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots on both sides of the street for the length of the block. For purposes of determining average front setback on developed lots, setback should be measured from the property line to closest wall of any principal structure. (C) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992, or carport built after January 1, 2006, shall be set back twenty feet (20'). (D) On a reverse corner lot, the rear twenty feet (20') of the street side yard shall have a fifteen -foot (15') setback. (E) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots within the same district on both sides of the street for the length of the block. (F) In the -EA Combining District, maximum height of seventeen feet (I7') to peak, and one habitable floor. (G) For design criteria for upper -story construction, see Section 14.25.050(F)(6), Upper -Story Additions. (H) For lots less than five thousand (5,000) square feet, the maximum upper story shall be fifty percent (50%) of the maximum lot coverage calculation; for lots five thousand (5,000) square feet or larger, maximum upper story size shall be seventy-five percent (75%) of maximum lot coverage calculation. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-9 ZO10-001 S:yGt E-FAWILY DEVELOPMENT STANDARD5 Diagram for Section 14.04.030 REAR `* YARD s�oAG.�c I LOT i 1 SIDE YAR D ! ,fie f j1 t YARD. SMACK if 51DE YARD LQ+ :IIiE� 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-10 Z010-001 CHAPTER 14.05 — COMMERCIAL AND OFFICE DISTRICTS 6. Amend the Commercial Land Use Table 14.05.020 for Commercial Uses `Kiosks' to downgrade review from CZ (Conditional Permit) to A (Administrative Permit) and to reference proposed Section 14.16.225 for additional land use regulations for specific types of kiosk uses, and to downgrade Residential Uses `Emergency Shelter for the homeless, Permanent' from C (Conditional) to P (Permitted) use in certain districts and reference proposed Section Chapter 14.16.11 S for additional land use regulations: 14.05.020 Land use regulations (GC, NC, O, C/O, R/O, FBWC). A. Francisco Boulevard West Commercial District (FBWC): Land use regulations for new development and/or redevelopment. 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 specified in subsection (A)(3) of this section; 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 subsection (A)(2)(a) or (A)(2)(b) of this section, 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. P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.05.020 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Commercial Uses Animal sales and service, excluding exterior kennels, pens or runs See Chapter 10.24 Animal care facilities CZ CZ CZ Animal retail sales P P P Boat sales CZ CZ Building materials and supplies 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-] I Z010-001 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Brick, gravel, rock, concrete, lumber and tile sales P* P* C *See Outdoor storage. Electrical supply stores P* P* C Equipment rental business P* P* C Glass and window stores P* P* C Hardware stores P* P* P* P* C Paint stores P* P* C Plumbing stores (and ancillary service) P* P* C Business sales and service Blueprint and photocopy shops P P P P Computer services P P P P Locksmith shop P P P P Office furniture sales and rentals P P P P C Office supply and business machine shops P P P P C Printing shops P P P CZ Card rooms See Chapter 10.36 Coffee roasters CZ CZ Food and beverage service establishments Brew pubs CZ CZ CZ Catering establishments P CZ P Cocktail lounges C C Fast food restaurants C C C Food service establishment, high volume C C Food service establishment (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge, live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or less in size P P P P P C (2) More than 1,000 sq. ft. in size P CZ CZ P CZ CZ Food service establishment with a cocktail lounge, live entertainment, and/or dancing CZ CZ CZ CZ Live entertainment/dancing (without food service) C C C 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 1I) A-12 Z010-001 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Outdoor eating areas A* A* A* A* A* A* For outdoor eating areas on private property see Section 14.17.110 standards. For outdoor seating areas located on city sidewalks or rights-of- way, see Section 14.16.277 standards. Food and beverage stores Bakeries, retail (and ancillary P P P P P C food service) Candy stores and P P P confectioneries Convenience markets CZ CZ CZ CZ Grocery stores and P* P* P* C C *Operating between supermarkets 11 p.m. and 6 a.m. requires a use permit (CZ) to review lighting, noise, and compatibility with surrounding residential uses. Liquor stores (1) Less than 200 ft. from CZ CZ CZ CZ CZ residential district (2) 200 ft. or more from P P P C C residential district Fortunetelling A A See Chapter 14.17 standards. *Rear ground level or 2nd floor or above. Funeral interment services CZ CZ (including mortuaries, but excluding crematories) Kiosks AGZ AGZ AGZ ACZ AGZ See Section 14.16.225 standards Motor vehicle sales and service (including automobiles, motorcycles, trailers, trucks and recreational vehicles) Auto detailing CZ Coin -op washing C C C C Gasoline stations (including C C C C C C See Section 14.16.160 mini -markets, and minor regulations. For repair, such as tune-ups, repair, see Chapter brakes, batteries, tires, and 14.17 standards. mufflers) 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-13 ZO10-001 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Rentals CZ CZ CZ Repairs, major (engine work, painting, and body work) CZ See Chapter 14.17 standards. Repairs, minor (tune-ups, brakes, batteries, tires, mufflers and upholstery) CZ CZ CZ CZ C See Chapter 14.17 standards. Sales, new or used vehicles (1) Five or fewer vehicles displayed or stored on-site CZ CZ CZ (2) More than five vehicles displayed or stored on-site C C C Sales, parts and supplies P P C Sales, tires and ancillary service CZ CZ CZ Music rehearsal/recording studios CZ CZ Outdoor storage, including temporary or permanent storage containers CZ CZ CZ CZ C Personal service establishments Artistic and photographic studios, without sale of equipment or supplies P P P Barber shops/beauty salons P P P P P C Dry cleaning establishments, with no on-site processing P P P P P Dry cleaning establishments, with on-site processing CZ CZ CZ CZ CZ Laundromats (self service) P P P P Massage and/or bodywork offices or establishments P P P P P See Chapter 8.34 Nail salons P P P P P Seamstress/tailor P P P P P Shoe repair P P P P P Recreational facilities (indoors) Bowling alleys C C C See Chapter 10.32 Game arcades C C See Chapter 14.17 standards. Fitness/recreation facility CZ CZ I CZ CZ CZ Poolhalls/billiards C C C Theaters C C C C Retail Antique stores P P C Apparel stores P P C Appliance stores (and ancillary repair) P P C Art, craft, music and photographic supply stores P P P C 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-14 Z010-001 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Auctions P P See Chapter 10.16 Bicycle shops P P P C Book, gift, stationery stores P P P C Department stores P P C Discount stores P P C Drug stores and pharmacies P* P* P* C C *Operating between 11 p.m. and 6 a.m. requires a use permit (CZ) to review lighting, noise, and compatibility with surrounding residential uses. Electronics sales (televisions, P P C radios, computers, etc.) Florist shops P P P P P Furniture stores and upholstery P P C shops (and ancillary repair) Gun shops C C See Chapter 14.17 standards. Jewelry stores P P Plant nurseries and garden P* P* P* C *See Outdoor storage. supply Secondhand stores and CZ CZ See Chapter 10.20 pawnshops Shoe stores P P C Shopping centers C C C C Sorting goods stores P P C Stamp and coin shops P P Swimming pool supplies P P 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-15 Z010-001 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Tobacco retailer, significant C C C Shall not be located within 1,000 feet from schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed day care centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each parcel. Toy stores P P P C Variety stores P P C Video sales and rentals P P P Offices and Related Uses Financial services and institutions P P P P 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 **4th Street west of D Street: Rear ground level or 2nd floor or above: Hospitals C Major medical facilities, C C including extended care facilities (treatment and convalescent) and children's treatment facilities Laboratories CZ CZ CZ CZ** CZ **4th Street west of D Street: Rear ground level or 2nd floor or above. Medical offices CZ CZ P P* P *4th Street west of D Street: Rear ground level or 2nd floor or above. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-16 Z010-001 Type of Land Use GC NC O C/O R/O FBWC* Additional Use Regulations Offices, general CZ P* P P** P *Rear ground level or 2nd floor or above. **4th Street west of D Street: Rear ground level or 2nd floor or above. Public and Quasi -Public Uses Clubs and lodges, including youth C C C groups Public facilities Administrative offices C P P* P *Rear ground level or 2nd floor or above. Day services center C C C C C Job center C Libraries, museums and other C C C C C cultural facilities Public and utility facilities C (corporation, maintenance or storage yards, utility distribution facilities, etc.) Public facilities, other (police, C C C C C C fire, paramedic, post office, etc.) Public parks, playgrounds, and P P P P P recreation facilities Religious institutions C C C C C Schools Parochial, private C C C* C *Rear ground level or 2nd floor or above. Public P P P P P Specialized education and CZ CZ CZ CZ training Residential Uses * * * *See Chapter 14.17 standards. Single-family residential C Duplex residential C Multifamily residential A C P A P A Only in a mixed-use development. See Chapter 14.17 standards. Animal keeping CZ CZ CZ CZ CZ CZ See Chapter 14.17 standards. Caretaker's residence CZ CZ CZ CZ CZ C Emergency shelters for the homeless 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE lI) A-17 Z010-001 Type of Land Use GC NC O C/O R/O FBWCY Additional Use Regulations Permanent P/C C C See Chapter 14.16 standaMs Section 14.16.115. Temporary or rotating C C C C C C Home occupations P P P P P P See Chapter 14.16 regulations. Live/work quarters A A A A A A See Chapter 14.17 standards. Mobile home park C Residential care facilities for the handicapped Small (0-6 residents) P P P P P P Large (7 or more residents) P P P P P P Residential care facilities, other Small (0-6 residents) P P P P P P Large (7 or more residents) C C C C C C Rooming or boarding houses A C A A A A See Chapter 14.17 standards. Day Care Day care facility, child or adult Family day care Small (0-8 children or adults) P P P Large (9-14 children) CZ CZ CZ See Chapter 14.17 standards. Large (9-14 adults) CZ CZ CZ Day care center (15 or more children or adults) CZ CZ CZ CZ CZ C Visitor Accommodations Hotels, motels, or bed and breakfast inns C C C C Transportation Facilities Bus stations C C C "Park and ride" facilities CZ CZ CZ C Parking facilities, commercial or municipal CZ CZ CZ CZ C Taxi stations C C C Transit stations or transitways C C C See Chapter 10.60 Temporary Uses Temporary uses A A A A CZ A See Chapter 14.17 standards. Accessory Structures and Uses Accessory structures and uses customarily incidental to a permitted use and contained on the same site. P P P P P P See Chapter 14.16 regulations. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-18 Z010-001 * See Section 14.05.020(A). 7. Antend the Downtown Mixed Use/Commercial Land Use Table 14.05.022 Commercial Uses `Kiosks' to downgrade review from Conditional (CZ) to Administrative (A) permit review and add note (30), delete unpermitted Commercial and Residential uses front the table, eliminate note (9) for Massage Uses that are in districts off Fourth Street, update types of permitted Residential Uses `Emergency Shelter for the homeless' use, and make minor edits to notes for Video sales and rental use: 14.05.022 Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 NH W, WEV, 5/M R/O). P: Permitted by right; C: Conditional permit/planning commission; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.05.022 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 51MR/0 Commercial Uses Animal sales and service, excluding exterior kennels, pens or runs (1) Animal care facilities CZ CZ CZ CZ CZ CZ Animal retail sales P P(27) P CZ P Building materials and supplies eaner-ete and lumber sales gleetFieaI supply stores Equipment rental businesses (2) P(3) P P Glass and steres Hardware stores (2) P P P P P P Paint stores (2) P P P P P Plumbing supply staFes (and ., ..: 11., «.. s e ) Business sales and service Blueprint and photocopy shops P P P P P P P(4) Computer services P P P P P P P(4) Locksmith shop P P P P P P P(4) Office furniture sales and rentals P P P P P P P(4) Office supply and business machine shops P P P P P P P(4) Printing shops CZ CZ CZ CZ CZ CZ CZ(4) Card rooms (5) C Coffee roasters CZ CZ CZ CZ CZ CZ CZ(4) Food and beverage service establishments Brew pubs CZ CZ CZ CZ CZ CZ Catering establishments CZ CZ CZ P P CZ P(4) 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-19 ZO10-001 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Cocktail lounges (without C C C C C C C(4) food service) Fast food restaurants C C C C C C Food service C C C C C C establishment, high volume Food service establishment (with or without incidental serving of beer or wine or ancillary bar), but without a cocktail lounge, live entertainment as defined under Chapter 14.03, and/or dancing (1) 1,000 sq. ft. or less in P P P P P P P(4) size (2) More than 1,000 sq. P P P P P P CZ(4) ft. in size Food service establishment CZ CZ CZ CZ CZ CZ CZ(4) with a cocktail lounge, live entertainment, and/or dancing Live entertainment and/or C C C C C C C dancing (without food and service) Outdoor eating areas (6) A A A A A A A(4) Food and beverage stores Bakeries, retail (and P P P P P P P(4) ancillary food service) Candy stores and P P P P P P P(4) confectioneries Convenience markets (7) CZ CZ CZ CZ CZ CZ CZ(4) Grocery stores and P P P P P P C(4) supermarkets (7) Liquor stores (1) Less than 200 ft. CZ CZ CZ CZ CZ CZ CZ(4) from residential district (2) 200 or more ft. from P P P P P P CZ(4) residential district Fortunetelling (8) A(9) A(9) A A A(9) Funeral and interment CZ CZ services (including mortuaries, but excluding crematories) Kiosks (30) ACS ACS ACS I AGZ AGZ AGZ AGZ 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE Il) A-20 Z010-001 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 51MR/0 Motor vehicle sales and service (including automobiles, motorcycles, trailers, trucks and recreational vehicles) Auto detailing CZ CZ Coin -op washing C C Gasoline stations C C C C (including mini -markets, and minor repair, such as tune-ups, brakes, batteries, tires, and mufflers) (10) Rentals CZ(2) CZ(2) Repairs, major (engine work, painting, and body work) (11) Repairs, minor (tune-ups, CZ CZ(3) CZ CZ CZ brakes, batteries, tires, mufflers and upholstery) (11) Sales, new or used C vehicles Sales, parts and supplies P P P P P P P(4) Sales, tires and ancillary CZ CZ service Music rehearsal/recording CZ(9) CZ CZ CZ CZ CZ(9) CZ studios Outdoor storage, including CZ temporary or permanent storage containers Personal service establishments Artistic and photographic P P P P P P P(4) studios, without sale of equipment or supplies Barber shops/beauty salons P P P P P P P(4) Dry cleaning P P P P P P P(4) establishments, with no on-site processing Dry cleaning CZ CZ CZ CZ CZ CZ CZ(4) establishments, with on- site processing Laundromats (self-service) P P P P P P(4) (7) Massage and/or bodywork P(9) P(9) P(94 P(9) P(9) P(9) P(9) offices or establishments (12) Nail salons P P P P P P P(4) 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-21 Z010-001 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Seamstress/tailor P P P P P P P(4) Shoe repair P P P P P P P(4) Recreational facilities (indoors) Bowling alleys (13) C Game arcades (14) C C C C Fitness/recreation facility CZ CZ CZ CZ CZ CZ CZ(4) Poolhalls/billiards C C C C Theaters C C C C C C Retail Antique stores P P(27) P P P P P(4) Apparel stores P P(27) P P P P P(4) Appliance stores (and ancillary repair) P P(27) P P P P P(4) Art, craft, music and photographic supply stores P P P P P P P(4) Auctions (15) P P P P P P P(4) Bicycle shops P P(27) P P P P P(4) Book, gift, stationery stores P P P P P P P(4) Department stores P P P P P P P(4) Discount stores P P P P(16) P P P(4) Drug stores and pharmacies (7) P P P P P P P(4) Electronics sales (televisions, radios, computers, etc.) P P P P P P P(4) Florist shops P P P P P P P(4) Furniture stores and upholstery shops (and ancillary repair) P P(27) P P P P P(4) Gun shops C C C C C Jewelry stores P P(27) P P P P(4) Plant nurseries and garden supply P(2) P(2) P(2) P(2) P(2) P(2) P(2)(4) Secondhand stores and pawnshops (17) CZ CZ CZ CZ CZ CZ CZ(4) Shoe stores P P(27) P P P P P(4) Shopping centers C C C C C C C(4) Sporting goods stores P P(27) P P P P P(4) Stamp and coin shops P P(27) P P P P P(4) Swimming pool supplies P P P P P P Tobacco retailer, significant C(28) C(28) C(28) C(28) C(28) Toy stores P P(27) P P P P P(4) Variety stores (7) P P P P P P P(4) 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-22 ZO 10-001 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Video sales and rentals P P(27) P P/CZ 32 P P P(4) 4?999 s€: P 20004= &AGZ Offices and Related Uses Financial services and P(9), P P P P P(9), P institutions A(18) A(18) Medical services (medical, dental and health-related services, with sale of articles clearly incidental to the services provided) Clinics C(9) C C C C C(9), C C(18) Hospitals Major medical facilities, C including extended care facilities (treatment and convalescent) and children's treatment facilities Laboratories CZ(9) CZ CZ CZ CZ CZ(9, CZ 18) Medical offices P(9) P P P P P(9), P A(18) Offices, general P(9), P P P P P(9), P A(18) A(18) Public and Quasi -Public Uses Clubs and lodges, including C(9) C C C C C(9) youth groups Public facilities Administrative offices P(9), P P P P P(9), P A(18) A(18) Day services center C Libraries, museums, and C C C C C C C other cultural facilities Public facilities, other C C C C C C C (police, fire, paramedic, post office, etc.) Public parks, playgrounds, P P P P P P P and recreational facilities Religious institutions C C C C C C C Schools Parochial, private C(9) C C C C C(9) C Public P P P P P P P 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-23 Z010-001 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 51MR/0 Specialized education and . training CZ (9, 18) CZ CZ CZ CZ CZ(9, 18) CZ Residential Uses Single-family residential Duplex residential P P Multifamily residential (19) A A(29) A A(20) A A P Animal keeping A A A A A A A Caretaker's residence A A(29) A A(20) A A A Emergency shelters for the homeless Permanent Temporary or rotating C C C C C C C Home occupations (22) P P P P P P P Live/work quarters (19) A A(29) A A(20) A A A Residential care facilities for the handicapped in dwelling unit (19) Small (0-6 residents) P P(29) P P(20) P P P Large (7 or more residents) P P(29) P P(20) P P P Residential care facilities, other in dwelling unit (19) Small (0-6 residents) P P(29) P P(20) P P P Large (7 or more residents) C C(29) C C(20) C C C Rooming or boarding houses (19) A A(29) A A(20) A A A Day Care Day care facility, child or adult Family day care Small (0-8 children or adults) P P P P P P P Large (9-14 children) 1 CZ CZ CZ CZ CZ CZ CZ Large (9-14 adults) C C C C C C C Day care center (15 or more children or adults) CZ(9) CZ CZ CZ CZ CZ(9) CZ Visitor Accommodations Hotels, motels, or bed and breakfast inns C C C C C C C Transportation Facilities Bus stations C C "Park and ride" facilities CZ CZ CZ Parking facilities, commercial or municipal CZ CZ CZ(3) CZ CZ CZ CZ Taxi stations (24) C C C Transit stations or transitways C C C Temporary Uses 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-24 ZO10-001 Type of Land Use 4SRC HO CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O Temporary uses (25) A A A A A A A Accessory Structures and Uses Accessory structures and uses P P P P P P P customarily incidental to a permitted use and contained on the same site (26) (1) See Chapter 10.24. (2) See "Outdoor storage." (3) Use not allowed on lots which have frontage along "A" and "B" Streets. (4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue. (5) See Chapter 10.36. (6) For outdoor eating areas on private property, see Section 14.17. 110 standards. For outdoor seating areas located on city sidewalks or rights-of-way, see Section 14.16.277 standards. (7) Operating after eleven p.m. (11:00 p.m.) requires a use permit (CZ). (8) See Section 14.17.060 (Fortunetelling). (9) Use allewed-est On Fourth Street frontage, use shall only be allowed in a rear ground level demised space behind a separate retail demised space with a separate entrance or on the second floor or above. (10) See Section 14.16.160 (Gasoline stations). (11) See Section 14.17.090 (Motor vehicle repair uses). (12) See Chapter 8.34. (13) See Chapter 10.32. (14) See Section 14.17.070 (Game arcades). (15) See Chapter 10.16. (16) Office -support retail only. (17) See Chapter 10.20. (18) Office use on the Fourth Street frontage is limited to customer -service office use only. See Section 14.17.050 (Offices and financial institutions in the Fourth Street retail core and the West End Village) of this title. (19) See Section 14.17.100 (Residential uses in commercial districts). (20) Residential use allowed if part of a mixed-use development. (21) Repealed April 2006. (22) See Section 14.16.220 (Home occupations). (23) See Section 14.17.040 (Family day care home, large). (24) See Chapter 10.60. (25) See Section 14.17.130 (Temporary uses). (26) See Section 14.16.020 (Accessory uses). (27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage. (28) Shall not be located within one thousand feet (1,000") from: schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed day care centers for children, shopping malls, and houses of worship with organized youth programs, as measured from the property lines of each parcel. (29) Residential use is allowed on the ground floor and above, except on lots facing Fourth Street where residential use is allowed on the rear ground level and second floor and above. (30) See Section 14.16.115 (31) See Section 14.17.040 (32) Permitted if less than 2 000sf in size and conditionals permitted sub4ect to zoning administrator approval if 2,000sf or more in size. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-25 ZO10-001 8. Amend the Commercial Property Development Standards Tabke 14.05.030 to exclude solar installations installed over paved parking spaces from lot coverage in the Office (0) District. 14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC). NR: Not required unless otherwise noted in Additional Standards. NA: Not applicable. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio, and site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development. Table 14.05.030 (A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-26 Z010-001 GC NC O C/O R/O FBWC Additional Standards Minimum lot area (sq. ft.) 6,000 6,000 7,500 2,000/ building 6,000 6,000 Minimum lot area/dwelling unit (sf) (Max. residential intensity) 1,000 1,800 1,000 1,000 1,000 1,000 (A), (N), (0) Floor area ratio (Max. nonresidential intensity) * * * * * * See Section 14.16.150 Minimum lot width (ft.) 60 60 60 NR 60 60 Minimum yards: Front (ft.) NR NR 20 NR NR NR (B) Side (ft.) NR NR 6 NR NR NR (B) Street side (ft.) NR NR 10 NR NR NR (B) Rear (ft.) NR NR 20 NR NR NR (B) Maximum height of structure (ft.) 36 36 feet; 30 feet for a residential -only building 36 36 36 36 (C), (D), (E), (F), (G), (H) Maximum lot coverage NR NR 40% NR NR NR Minimum landscaping 15% 10% 25% NR 10% 15% (I), (J), (K), (L) Usable outdoor area NR NR NR NR NR NR (M) Parking * * * * * * * Based on use. See Section 14.18.040 (A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-26 Z010-001 (C) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (D) Hotels have a four (4) story fifty -four -foot height limit. A one-story twelve -foot height bonus may be approved as part of a 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) Repealed 3/18/96. (F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories. (G) See general plan downtown height map for lot -specific height limits. (H) A height bonus may be permitted in residential development as provided for in Section 14.16.190, Height bonus. (I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (10') of buffer landscaping must be provided. (J) In the GC district, a minimum fifteen feet (15') of the front setback must be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body. (K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (L) A landscaped amenity area for employees and the public is encouraged in office and commercial projects. (M) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project. (N) Outside of downtown, only one (1) unit is permitted, and no additional units are permitted, on lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots). (0) A density bonus may be granted, as provided for in Section 14.16.090. (P) The maximum lot coverage restriction established for the Office (0) district shall not apply to solar panels installed over existing paved parking, spaces; consistent with Section 14.16.307. 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-27 ZO10-001 CHAPTER 14.06 — INDUSTRIAL DISTRICTS (I, LI/0, CCl/O, LMU) 9. Amend the Industrial Land Use Table 14.06.020 to add Commercial Uses `Kiosks' as an A (Administrative Permit) use in LUO and reference Chapter 14.16 for additional land use regulations, amend Residential Uses `Emergency Shelter for the homeless, Permanent' as PIC (Permitted/Conditionally Permitted) in LI/0 and reference Chapter 14.16 for additional land use regulations, and downgrade review front C to CZ for certain industrial uses in the I and LUO district that are deemed conditionally compatible uses which could be considered at Zoning Administrator level. 14.06.020 Land use regulations (I, LI/O, CCl/O, LMU). P: Permitted; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed. Table 14.06.020 Types of Land Use I LI/0 CCl/O LMU Additional Use Regulations Industrial Uses Boat building and repair C Industry, general Asphalt mix plants C Assembly plants P P P P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Biotechnology firms C C C C Cabinet shops P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Candle -making shop P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Ceramic shop P P* P* P* *Permitted by right unless within 300 feet of a residential district, in which case it is "CZ," subject to a use permit. Chemical manufacture C or processing Clothing manufacturing P P P P Concrete mix plants C Contractor's yards P CZ CZ CZ (screened) Dry boat storage C C C 2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) ,x_28 ZO10-001