HomeMy WebLinkAboutOrdinance 2018 (Design Review Board Ordinance Updates)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the
Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2018
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION
14.25.070 AND ADDING SECTIONS 2.16.120 THROUGH 2.16.122 OF THE
SAN RAFAEL MUNICIPAL CODE RELATED TO THE DESIGN REVIEW
BOARD
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 19th day of September 2022;
a SUMMARY of Ordinance No. 2018 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed
and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said
City, held on the 3rd day of October, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill & Mayor Kate
WITNESS my hand and the official
Seal of the City of San Rafael this
4th day of October 2022
______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 2018
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SECTION 14.25.070 AND ADDING SECTIONS 2.16.120 THROUGH
2.16.122 OF THE SAN RAFAEL MUNICIPAL CODE RELATED TO THE
DESIGN REVIEW BOARD
WHEREAS, regulations governing the Design Review Board of the City of San
Rafael are located in the San Rafael Municipal Code (SRMC) Section 14.25.070
(Environmental and Design Review Permits); and
WHEREAS, staff recommends deleting provisions of Section 14.25.070 relating to
the Board’s term of office, removal or vacancy of membership, meetings, quorum, and
rules of order; and
WHEREAS, staff recommends that the remaining regulations under Section
14.25.070 relating to Board membership and powers and duties be moved to new
Sections 2.16.120 through 2.16.122 of Chapter 2.16 (Boards and Commissions); and
WHEREAS, staff recommends that the regulation under Section 14.25.070
relating to streamlined reviews of certain residential projects remain in that section of the
code; and
WHEREAS, staff recommends the removal of compensation information from the
municipal code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Division 1. Amendment of Section 14.25.070 of Municipal Code.
Section 14.25.070 of Chapter 14.25 (Environmental and Design Review Permits) of the
San Rafael Municipal Code is hereby amended to read as follows. Additions are shown
in underline, and deletions are shown in strikethrough.
14.25.070 – Design review board Streamlined Review of Certain Residential
Projects.
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.
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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. A. Residential structures of three (3) to ten (10) units.
b. B. Additions to multifamily residential structures of between three (3) to ten (10)
units, where the addition constitutes no more than forty (40) percent of the total
square footage of the building and would not increase the unit count by more than
three (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.
B. Membership of the Design Review Board. The design review board shall consist of a
total of five (5) regular members and may include one alternate member appointed by
the city council. The design review board members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in
urban design;
4. The alternate member may have qualifications in any of the above fields of
expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one alternate
member, one planning commissioner shall attend board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all
design review board meetings to offer advice and direction to the board on
matters of commission concern.
C. Alternate Member. The alternate member may temporarily fill a vacancy created when
a regular member: (1) leaves office prior to completion of the member's term; (2)
cannot attend a meeting; or (3) cannot participate on a particular matter due to a
conflict of interest.
D. Term of Office. The term of office for each design review board member shall be four
(4) years. Of the members of the board first appointed, one shall be appointed for the
term of one year; one for the term of two (2) years; one for the term of three (3) years;
and two (2) for the term of four (4) years. The term of office for the alternate board
member shall be four (4) years concurrent with the term of the chairperson.
E. Removal or Vacancy of Membership. Any member of the board or the alternate
member can be removed at any time by a majority vote by the city council. A vacancy
shall be filled in the same manner as the original appointment. The person appointed
to fill a vacancy shall serve for the remainder of the unexpired term.
F. Meetings. At least one (1) regular design review board meeting shall be held each
month on a date selected by the board, unless there is no business to conduct. The
design review board may adopt and amend as necessary, Rules of Order ensuring
efficient and responsive board meetings.
G. Quorum. Three (3) of the members of the board, either regular members or two (2)
regular members and the alternate board member, shall be required to constitute a
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quorum for the transaction of the business of the board and the affirmation vote of a
majority of those present is required to take any action.
H. Compensation of the Design Review Board. All members of the board shall serve as
such without compensation.
I. The design review board may adopt, and amend as necessary, Rules of Order to
ensure efficient and responsive board meetings.
(Ord. 1838 § 53, 2005: Ord. 1794 § 2, 2003: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 94, 6-21-2010; Ord. No. 2006 , § 1, 5-2-2022)
Division 2. Addition to Chapter 2.16 of Municipal Code.
Sections 2.16.120 through 2.16.122 are hereby adopted and made a part of Chapter 2.16
(Boards and Commissions) of the San Rafael Municipal Code as follows. Additions are
shown in underline.
2.16.120 Design review board – creation.
A design review board is created.
2.16.121 Design review board membership - compensation.
The design review board shall consist of a total of five (5) regular members and may
include one alternate member appointed by the city council. The design review board
members shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building
designers;
2. At least one member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban
design;
4. The alternate member may have qualifications in any of the above fields of
expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one alternate
member, one planning commissioner shall attend board meetings. This liaison
planning commissioner shall be appointed by the commission chairperson. An
additional commissioner shall be appointed to serve as an "alternate liaison" in
case of absence. The planning commission liaison should be present at all design
review board meetings to offer advice and direction to the board on matters of
commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member: (1) leaves office prior to completion of the member's term; (2) cannot
attend a meeting; or (3) cannot participate on a particular matter due to a conflict of
interest.
The city council may establish compensation for members of the design review board by
resolution.
2.16.122 – Design review board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this code, the powers and duties of the design review board shall be:
To 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
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review permits, except that an alternate streamlined review process may be allowed for
certain eligible projects by ordinance or resolution of the city council.
To 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.
To 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.
Division 2. 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 3. CEQA Determination.
This Ordinance makes only administrative changes to the operations of a City board and
is therefore exempt from the requirements of the California Environmental Quality Act
(CEQA) under 14 Cal. Code Regs. §15061(b)(3), the common sense exemption, because
it can be seen with certainty that there is no possibility that the Ordinance may have a
significant effect on the environment.
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.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 19th day of September 2022, and was passed and adopted
at a regular meeting of the San Rafael City Council on the 3rd day of October 2022 by the
following vote, to wit:
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk