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ORDINANCE NO. 2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY SAN
RAFAEL AMENDING SECTION 14.25.070 OF TITLE 14 (ZONING
ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE TO
ESTABLISH STREAMLINED REVIEW FOR CERTAIN
RESIDENTIAL PROJECTS
WHEREAS, the City Council has directed staff to explore the issues related to the
challenges to the approval and development of housing in San Rafael and to identify
changes that could be made to facilitate housing development; and
WHEREAS, the City’s zoning regulations in Title 14 – “Zoning”, contain
requirements for environmental and design review of certain development projects by the
five-member Design Review Board. The regulations governing the Design Review Board
are located in Section 14.25.070 of the San Rafael Municipal Code (SRMC); and
WHEREAS, staff has advanced a proposal to streamline the processing of certain
housing development projects by delegating the Design Review Board’s (DRB) advisory
authority over the architectural design of those projects to two members who would
participate in duly noticed Planning Commission meetings as representatives of the DRB
at; and
WHEREAS, on January 21, 2022, the Planning Commission held a duly-noticed
public hearing on staff’s proposed amendment to SRMC Section 14.25.070 to establish a
Design Review Advisory Committee (DRAC) and its authority. The Planning Commission
accepted all public testimony and the written report of the Community Development
Department, and recommended the City Council approve the municipal code amendment;
and
WHEREAS, on April 18, 2022, the City Council held a duly-noticed public hearing
on the ordinance and accepted all public testimony and the written report of the
Community Development Department; and
WHEREAS, the City Council, pursuant to SRMC 14.27.060, finds the proposed
amendment consistent in principle with the General Plan, and that the public health, safety
and general welfare are served by adopting the amendment. The amendment aligns with
the General Plan Housing Element Program H-17d for Efficient Project Review and the
public health, safety and general welfare are served through exploring how the City can
maintain the quality of project review while reducing time and the associated costs of doing
so; and
WHEREAS, adoption of the amendment to SRMC Section 14.25.070(A) regulating
the Design Review Board is not subject to the California Environmental Quality Act
(CEQA) under Public Resources Code Section 15060(c)(2) which provides that CEQA
does not apply if the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment. The streamlined review of certain residential projects
would allow a combined review of those projects in a duly noticed public meeting.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Municipal Code.
Section 14.25.070(A) of Title 14 of the San Rafael Municipal Code (SRMC) is hereby
amended to read as follows.
14.25.070 Design review board.
A. Purpose and Authority.
1. The design review board shall serve as an advisory body to the city for the purpose
of reviewing and formulating recommendations on all major physical improvements
requiring environmental and design review permits, except that an alternate
streamlined review process is allowed for certain eligible projects as described below.
The design review board may also serve as an advisory body on other design
matters, including minor physical improvements or administrative design permits,
referred to the board by the community development director, planning commission
or city council. The design review board shall provide professional design analysis,
evaluation and judgment as to the completeness, competence and appropriateness
of development proposals for the use and setting and to recommend approval,
approval with conditions, redesign or denial based on design standards adopted by
the city council.
2. Streamlined Review of Certain Residential projects. The following residential
projects shall be eligible for a streamlined review process, as established by city
council resolution under a pilot program known as the “Streamlined Review for
Certain Residential Projects”.
a. Residential structures of 3 to 10 units.
b. Additions to multifamily residential structures of between three (3) to ten
(10) units, where the addition constitutes no more than forty percent (40%)
of the total square footage of the building and would not increase the unit
count by more than 3 units.
This streamlined review process allows for a joint meeting of the planning
commission and two (2) representatives of the design review board. The framework,
roles and membership of the design review board representatives for a streamlined
review process shall be as established by City Council resolution.
Division 2. CEQA Determination.
Adoption of this ordinance and the accompanying pilot program resolution are not
subject to the California Environmental Quality Act (CEQA) under Public Resources
Code Section 15060(c)(2) which provides that CEQA does not apply if the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment. The Pilot Program for Streamlined Review for Certain Residential Projects
only affects administration of the design review program, which is advisory to the
Planning Commission and does not take any action on entitlement applications. Further,
CEQA does not apply to the adoption of the Pilot Program for Streamlined Review for
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Certain Residential Projects because the action is not a Project under Section
15060(c)(3) and Section 15378(b) which includes continuing administrative activities.
Division 3. Severability.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any
reason held to be invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares it would have passed and adopted this Ordinance and each and all provisions
hereof irrespective of the fact that any one or more of said provisions be declared
invalid.
Division 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published, and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If
published in summary form, the summary shall also be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 2006was introduced at a Regular Meeting of the City Council
of the City of San Rafael, held on the 18th day of April, 2022 and ordered passed to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill
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 2nd day of May, 2022.
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LINDSAY LARA, City Clerk
AGENDA ITEM NO: 5.D
SUMMARY OF ORDINANCE NO. 2006
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING
SECTION 14.25.070 OF TITLE 14 (ZONING ORDINANCE) OF THE SAN RAFAEL
MUNICIPAL CODE TO ESTABLISH STREAMLINED REVIEW FOR CERTAIN
RESIDENTIAL PROJECTS
This Summary concerns a proposed ordinance of the City Council of the City of
San Rafael, designated as Ordinance No. 2006, which will amend the San Rafael
Municipal Code to establish an alternate streamlined review process for certain eligible
projects described below. Ordinance No. 2006 is scheduled for adoption by the San
Rafael City Council at its regular meeting of May 2, 2022. The City Clerk has been
directed to publish this Summary pursuant to City Charter and California Government
Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
Over the past few years, the City Council has received informational reports on
challenges to housing development in San Rafael. The City Council has directed staff to
explore and identify possible solutions that would facilitate housing development. A
streamlined development review alternative is timely; for several years the state
legislature has adopted laws to streamline residential project review, including Objective
Design Standards (Senate Bill 35); the Housing Crisis Act of 2019 (SB 330, as amended
by SB 8); and SB 9, which mandates a ministerial review for certain types of projects.
The ordinance amends section 14.25.070 “Design review board” of the San Rafael
Municipal Code to allow an alternative streamlined review of development applications
allowing for a joint meeting of the planning commission and two (2) representatives of the
design review board. The framework shall be established by City Council resolution and
the following residential projects shall be eligible for streamlined review, as established
by city council resolution under a pilot program known as the “Streamlined Review for
Certain Residential Projects”: (a) Residential structures of 3 to 10 units, (b) Additions to
multifamily residential structures of between three (3) to ten (10) units, where the addition
constitutes no more than forty-percent (40%) of the total square footage of the building
and would not increase the unit count by more than 3 units.
Copies of Ordinance No. 2006 will be available for public review as of Wednesday,
April 22, 2022 at the San Rafael City Clerk’s Office, 1400 Fifth Avenue, 2nd Floor, Room
209 during regular business hours, 8:30 a.m. to 5:00 p.m., and on the City’s website:
https://www.cityofsanrafael.org. You may also contact Jacob Noonan, Housing Program
Manager, at (415) 295-5471 or jacob.noonan@cityofsanrafael.org for information.
________________________________
LINDSAY LARA
San Rafael City Clerk
Dated: 4/20/2022
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