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Ordinance 1831 (Zoning-General Plan 2020)
ORDINANCE NO. 1831 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, VARIOUS CHAPTERS, AND AMENDING THE ZONING MAP WHEREAS, General Plan 2020 contains policies and implementing programs that encourage the development of new affordable housing: Program LU -14a (Height Bonus) to include Lincoln Avenue height bonus; LU -24a (Zoning Ordinance Amendments) and NH -35a (Zoning Ordinance) to expand housing opportunities in commercial districts and to allow more ground floor retail uses in the Hetherton Office District; LU -24 (Land Use Map and Categories) to expand housing opportunities; LU -13 (Building Heights) to provide an allowed density for residential uses; LU -24a (Zoning Ordinance Amendments) to allow for residential -only development and for more ground floor retail in specific areas; NH -151a to allow live/work uses to provide new housing opportunities, improve the entryway to the neighborhoods to the south, and upgrade the appearance of buildings in the vicinity of Davidson Middle School; NH -48a (Zoning Ordinance); Policy H-1 to promote the distribution of new affordable housing of quality construction throughout the city to meet local housing needs; Policy H-9 to seek ways to lower housing costs for lower income households; H -18d (Underutlitized Public and Quasi -Public Lands for Housing) to allow housing in public/quasi-public zoning districts); Policy H-19 to require that new residential projects provide a percentage of units for below market rate (BMR) housing, with identified minimum percentages, levels of affordability, location criteria, and allowances for in -lieu fees; Program H -19a to require the preparation and adoption of an ordinance implementing the BMR housing requirements; Policy H-21 to establish provisions for density bonuses for projects which include affordable units; Programs H -21a and 21b to require the modification of zoning regulations to offer density bonuses consistent with requirements of State law; program H -23a (Encourage Residential Uses in Commercial Areas); H -23b(2) (Revise Zoning Standards for Mixed Use) to allow for increased flexibility in determining the appropriate amount of residential and commercial use in a building footprint; Policy H-24 to require that new nonresidential development contribute towards the creation of affordable housing to mitigate job increases; Program H -24a to require the preparation and adoption of an ordinance requiring that new non-residential construction either provide or help fund the creation of new affordable housing units; and WHEREAS, the General Plan policies and programs address an identified shortage of affordable workforce housing in San Rafael and throughout Marin County. Only 19% of the households living in the county are able to afford a median -priced home. Over half of San Rafael's lower income households pay more than 30% of their income for housing. Overcrowding of housing units has doubled in the past ten years. Of the 2,090 housing units identified by the State Department of Housing and Community Development as San Rafael's Regional Housing Need, 52% should be affordable to moderate, low or very -low income households; and WHEREAS, the City of San Rafael has had a Below Market Rate (BMR) Housing Program and has required the provision of a percentage of new residential units as BMR units since 1988 to "encourage provision of housing for all economic segments of the community" and to "partially mitigate the loss of opportunity to construct housing affordable to low and moderate income households occurring because of construction of new market rate 1 ��i� housing." This program has resulted in the development of 576 affordable units since its inception. Utilizing this BMR Housing Program, as well as financial subsidies through the City's Redevelopment Agency, the City has caused approximately 25% of all new housing units built within the past ten years to be affordable to very -low, low and moderate income households. If the City is to provide the proportion of affordable units as required by the State's Regional Housing Needs Determination, the affordability requirements of the BMR Housing Program will have to be increased and other opportunities for financial subsidies, such as placing mitigation requirements on new non-residential construction, will be needed; and WHEREAS, construction of commercial and industrial space accommodating business expansion has resulted in the creation of new jobs which has increased the demand for housing. Between 1990 and 2000, employment in Marin County increased by 15,500 jobs, while only 8,107 additional housing units were constructed, and the great majority of these new units targeted higher income earners; and WHEREAS, there is great concern among San Rafael residents and business owners about the lack of affordable housing. Both the 1974 and 1988 General Plans identified affordable housing as a vital community need. In the preparation of the Trends Report and Issues Report in 2000, affordable housing ranked as one of the top three issues facing San Rafael; and WHEREAS, the City of San Rafael, the County of Marin and the City of Novato commissioned an economic analysis from the firm of David Paul Rosen and Associates to document the demand for affordable housing created by anticipated nonresidential development and to determine the necessary subsidy levels given local construction costs and housing prices. This study concluded that there is a clear nexus between the creation of new non-residential building areas and an increased demand for affordable housing due to new jobs. For example, the study found that construction and occupancy of 100,000 square feet of new office space in Marin would generate the need for housing for 34 new very -low, low and moderate income households. The study also determined that, given costs of residential construction and market rental rates and sales prices in Marin and median county income levels, subsidies ranging from $19,200 to $127,700 are needed to make market -rate units affordable to very -low, low and moderate income households. At the in -lieu fee rates proposed in this ordinance, an additional $3 million in housing subsidies would be generated by this program, which would increase the supply of affordable, workforce housing by at least 41 units, based on average subsidy costs; and WHEREAS, the proposed amendments to Title 14 Zoning Ordinance would implement the aforementioned policies and programs of General Plan 2020 by making the following changes: 1. Amendment to section 14.04.020 (Land Use Regulations) to allow bed and breakfast inns in certain R districts. 2. Amendment to section 14.05. 010 (Specific purposes) to modify the purpose statements for General Commercial (GC), Office (0) and Francisco Blvd. West Commercial (FBWC) districts to allow residential use, to modify the purpose statement for Hetherton Office (HO) district to allow more residential and retail uses, to change the Commercial/Office (C/O) district to allow residential use on the ground floor, and to 2 modify the Neighborhood Commercial (NC) district to allow up to three stories for a mixed-use building. 3. Amendment to section 14.05.020 (Land Use Regulations), to allow residential -only and residential -mixed use in the Office (0) district and residential use in the General Commercial (GC) district and Francisco Blvd. West Commercial (FBWC) District and to allow residential -only development in the Commercial/Office (C/O) District. 4. Amendment to section 14.05.030 (Property Development Standards) (GC, NC, O, C/O, R/O, FBWC) to designate a residential density for the General Commercial (GC), Office (0) and Francisco Blvd. West Commercial (FBWC) districts, to allow a 36 -foot height limit for mixed-use buildings in the Neighborhood Commercial (NC) District, to clarify the allowed height and height bonus for hotels, and to revise the reference for the Lincoln Avenue height bonus to note that all height bonus regulations are in section 14.16.090. 5. Amendment to section 14.05.022 (Land Use Regulations), to allow for residential -only development, and for more ground floor retail in the Hetherton Office (HO) District. 6. Amendment to 14.06.010 (Specific Purposes), 14.06.020 (Land Use Regulations) and 14.06.030 (Property Development Regulations) to add the Lindaro Mixed Use (LMU) district and related regulations, and to delete the reference to a use permit requirement for traffic intensification. 7. Amendment to 14.07.030E (Trip Allocations) to delete the reference to Trip Allocations, which will no longer be necessary with the deletion of Appendix B in General Plan 2000. 8. Amendment to 14.08.010 (Specific Purposes), 14.08.020 (Land Use Regulations) and 14.08.030 (Property Development Standards) to combine the two marine zoning districts into one district, to allow residential and expanded retail and office uses in the Marine Related District, and to establish a residential density. 9. Amendments to section 14.09.010 (Specific Purposes), 14.09.020 (Land Use Regulations) and 14.09.03 (Property Development Standards) to allow residential development in the Public/Quasi-Public Zoning District. 10. Amendment to Section 14.16.030 (Affordable Housing Requirements) to govern the application of in lieu fees for residential and nonresidential development. The ordinance will establish the requirements for provision of affordable housing (or in limited cases an in -lieu fee) in new residential development, include new regulations requiring the provision of affordable housing or an in -lieu fee for new non-residential development to mitigate the addition of new lower -wage jobs, and provide allowances for density bonuses for new residential development based on requirements of state law. 11. Amendments to section 14.16.150 to delete formula limiting mixed use residential development, to delete subsection (B) (3) governing mix of allowed development in a mixed use project, and to replace the floor area ratio (FAR) table with revised floor area ratio (FAR) maps. 12. Amendment to section 14.16.190 (Height Bonus) to include height bonuses in North San Rafael Town Center area and at Marin Square/Gary Place, and to add height bonus information currently contained in other sections of the Zoning Ordinance. 13. Amendment to section 14.17. 100 to revise subsection (B) (Applicability) to identify the level of review for housing development in a mixed-use project, and to revise the live/work standards. 14. Amendment to section 14.22.020 to delete subsections (B) and (C), to avoid duplication of information provided in the land use tables for each zoning district. 15. Delete Chapter 14.26 (Trip Permits) as General Plan 2020 will not include an Appendix B nor a methodology to track parcel -specific trip allocations. 3 16. Amendments to the Zoning Map to include new Lindaro Mixed Use Zoning District, rezone the Marine Commercial lots to Marine Related, and to make other zoning map amendments for consistency with General Plan 2020; and WHEREAS, on March 30, 2004, the Planning Commission held a duly -noticed public hearing to consider the proposed Zoning Ordinance amendments, accepting all public oral and written testimony and the written report of the Community Development Department. On a 7-0 vote, the Planning Commission adopted Resolutions No. 04-20 recommending to the City Council approval of the provisions for affordable housing and density bonuses, and No. 04-23 recommending to the City Council approval of revisions to allow residential use in certain zoning districts and to encourage residential development; and WHEREAS, the City of San Rafael has prepared an environmental impact report (EIR) for General Plan 2020 which includes a description of the proposed implementing ordinances, including the proposed revisions to the Zoning Districts and the proposed revisions to the inclusionary zoning requirements and density bonus provisions for new residential developments, as well as the new housing mitigation requirement for new non-residential development, Zoning Map, and related zoning provisions, which are detailed in this ordinance, and concluded that these regulatory changes would not create significant environmental impacts; and WHEREAS, the Planning Commission recommended to the City Council certification of the Final Environmental Impact Report for General Plan 2020; and WHEREAS, the Planning Commission of the City of San Rafael recommended on August 24, 2004 that the City Council adopt the amendments to Title 14 of the San Rafael Municipal Code contained in Exhibit A to this Ordinance; and WHEREAS, the amendments to Title 14 - Zoning of the San Rafael Municipal Code are based on the following findings: The proposed amendments are consistent with the San Rafael General Plan 2020, including the following policies and programs: the amendment to section 14.04.020 Land Use Regulations is consistent with LU -21 (Hotels, Motels and Inns); the amendment to section 14.05.010 (Specific Purposes) is consistent with program LU -24a (Zoning Ordinance Amendments) and policyNH-35a (Zoning Ordinance) to allow for the expansion of housing opportunities in commercial districts and to allow more ground floor retail uses in the Hetherton Office District; the amendments to section 14.05.020 (Land Use Regulations) and section 14.05.030 (Property Development Standards) (GC, NC, O, C/O, R/O, FBWC) are consistent with policy LU -24 Land Use Map and Categories which expands housing opportunities in San Rafael's land use districts; the amendment to section 14.05.022 (Land Use Regulations) is consistent with program LU - 24a (Zoning Ordinance Amendments) which allow for residential -only development and for more ground floor retail in the Hetherton Office District; the amendments to 14.06.010 (Specific Purposes), 14.06.020 (Land Use Regulations) and 14.06.030 (Property Development Regulations) are consistent with NH -151 a to allow live/work uses to provide new housing opportunities, improve the entryway to the neighborhoods to the south, and upgrade the appearance of buildings in the vicinity of Davidson Middle School; the amendment to section 14.07.030E (Trip Allocations) to delete the reference to Trip Allocations is consistent with General Plan 2020 which no longer includes trip allocations; the amendment to 14.08.020 (Land Use Regulations) to allow residential and 4 expanded retail and office uses in the Marine Related District is consistent with NH -48a (Zoning Ordinance) to allow more residential uses; the amendment to section 14.09.030 is consistent with H -18d (Underutilized Public and Quasi -Public Lands for Housing) to allow housing in the Public/Quasi-Public district; the amendment to section 14.16.150 to delete formula for mixed use residential development is consistent with H -23b(2) (Revise Zoning Standards for Mixed Use) to allow for more flexibility in determining the appropriate amount of residential and commercial use in a building footprint; the amendment to section 14.16.190 (Height Bonus) is consistent with LU -14a (Height Bonus); the amendment to section 14.17.100 is consistent with H -23a (Encourage Residential Uses in Commercial Areas) to facilitate more housing opportunities in San Rafael; the amendment to section 14.22.020 to delete sections B and C of section 14.22.020 will avoid duplication of information, and possible conflicts; the amendment to delete section 14.26 (Trip Permits) is consistent with General Plan 2020 which will not include an Appendix B nor a methodology to track parcel -specific trip allocations; and the amendments to the Zoning Map is consistent with the General Plan 2020 Land Use Map. 2. The proposed amendments to section 14.16.030 Affordable Housing Requirement are consistent with the San Rafael General Plan 2020, including the following policies and programs: a) The proposed increase in the required proportion of affordable units in new residential developments is consistent with Policies H-9 (Funding for Affordable Housing) and H-19 (Inclusionary Housing Requirements) and with Program H -19a (Inclusionary Housing) of the San Rafael General Plan 2020, which support the creation and subsidy of affordable housing units, specifically through "inclusionary" requirements in the Zoning Ordinance that require a proportion of housing units in new residential developments be provided at rates affordable to very -low, low and moderate income households; b) The proposed provisions for density bonuses and regulatory incentives is consistent with Policy H-21 (Density Bonuses) and Programs H-21 a (State Density Bonus Law) and H -21b (Exceptions for Density Bonus Development from Zoning Standards) which require consistency with density bonus requirements in state law to encourage the provision of affordable units and general increases in new housing supply; c) The proposed requirements to be applied to new non-residential development are consistent with Policy H-24 (Contributions Towards Employee Housing) and Program H - 24a (Jobs/Housing Linkage Ordinance) in that they require developers of new, non- residential developments that are found to impact the demand for affordable housing to create on-site affordable housing units or to pay an in -lieu housing fee to subsidize the production of affordable housing units elsewhere in the City. 3. The public health, safety and general welfare would not be adversely impacted by the proposed amendments in that the creation of additional affordable housing in San Rafael would (a) reduce the length of in -commuting to local jobs and the resulting congestion on highways and local streets parallel to the freeways, and (b) would broaden the local workforce by increasing the supply of housing for very -low, low and moderate income households to fill the demand for lower -paid employees among San Rafael businesses. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Amend San Rafael Municipal Code Title 14, Chapter 14.03 — Zoning, Definitions; Table 14.04.020 — Land Use Regulations; Chapter 14.05 — Commercial and Office Districts, Specific Purposes, Land Use Regulations, and Property Development Standards; Chapter 14.06 — Industrial Districts, Specific Purposes, Land Use Regulations and Property Development Standards, Chapter 14.07 — Planned Development District, Property Development Regulations; Chapter 14.08 — Marine -Related District, Specific Purposes, Land Use Regulations, and Property Development Standards; Chapter 14.09 — Public/Quasi-Public District, Specific Purposes, Land Use Regulations , Property Development Standards; Chapter 14.16 — Site and Use Regulations, Affordable Housing Requirement, Floor Area Ratios, and Height Bonus; Chapter 14.17 — Performance Standards, Residential Uses in Commercial Districts; Chapter 14.22 — Use Permits, Authority; Chapter 14.26 — Trip Permits; and the Zoning map, as fully set forth in attached Exhibit A. DIVISON 2. The affordable housing in -lieu fee provided in Section 14.16.030 shall not be collected for any nonresidential development project for which land -use entitlements have been granted, and remain valid, pursuant to Title 14 of the San Rafael Municipal Code (Zoning Ordinance) prior to the effective date of this ordinance. A "valid" land use entitlement shall be one for which final project approval has been granted by the decision-making authority and the approval granted by the decision-making authority has not lapsed. Additionally, the affordable housing in -lieu fee shall not be collected for any non-residential project subject to a Development Agreement approved prior to the effective date of this ordinance, except in those instances where the Development Agreement specifically authorizes the City to collect fees and charges adopted by the City, subsequent to the date of approval of the Development Agreement. DIVISION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4. A summary of this Ordinance shall be published and a certified copy of the full text of this ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after adoption, together with the names of those Councilmembers voting for or against the same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, Sate of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for or against the Ordinance. ,? ,LBE f J. BOR ayor 0 ATTEST: JEVNNE M. LEONCINI, City Clerk The foregoing Ordinance No. 1831 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, California, on the 15th day of November, 2004, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Phillips and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the City Council to be held on Monday, December 6, 2004. A JE M. LEONCINI, City Clerk Attachment: EXHIBIT `A' 141;K_I Ordinance No. 1831 Zoning Ordinance Revisions to Various Chapters of Title 14 Chapter 14.03 – Definitions is hereby amended to delete the definitions of "Affordable housing" and "Mixed-use development," and to add the following definitions: "Affordable Housing Unit(s)" means those dwelling units as described herein which are required to be rented at affordable monthly rents to very -low, low, and moderate -income households, or purchased at an affordable sales price to low and moderate -income households. "Affordable Monthly Housing Cost" for ownership units shall mean that no more than thirty- three percent (33%) of household income is required for total housing cost including principal and interest payment on the mortgage, private mortgage insurance payments, property taxes, property insurance and homeowners association dues. "Affordable Monthly Rent" means the monthly rental rate plus a utility allowance for tenant -paid utilities as determined by the Marin Housing Authority that together does not exceed thirty percent (30%) of the monthly income of the specified income level. "Affordable Sales Price" means the sales price for an affordable ownership unit as set forth in the Below Market Rate Housing Agreement between the City and the developer. "Density bonus" means concessions or incentives for additional housing density beyond such regulations contained for residential development within the San Rafael Municipal Code or the San Rafael General Plan, for projects that are consistent with the requirements of Government Code Section 65915 and/or Section 14.060.030(H)(3) of the San Rafael Municipal Code. "Equivalent Alternative Action" means actions performed by a developer that the City Council, in its sole discretion, determines will further the affordable housing goals of the City to an equal or greater extent than compliance with the requirements herein. "Fractional Unit" occurs when the required percentage of affordable housing units results in less than one unit or a combination of affordable housing units and less than one full unit. For example- total number of new units (12) multiplied by the required affordable housing units (15%) results in one full unit and a .80 fractional unit or 80% of a full unit. "Low income household" means households earning less than 80% of County median income according to the latest Federal Housing and Urban Development Department income limits table (or similar table provided by the Marin Housing Authority), or as otherwise defined by Resolution of the City Council. "Market Rate Housing Units" means dwelling units in a residential or mixed-use project that are not affordable housing units. "Median Income" means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA)—comprised of San Francisco County, San Mateo County and Marin County --as published by the United States Department of Housing and Urban Development ("HUD"), Office of Economic Affairs, Economic and Market Analysis Division, with adjustments for smaller or larger households made according to 11UD's standard adjustment factors for household size, or as otherwise defined by Resolution of the City Council. A-1 "Mixed Use Project" means a development in which more than one use is combined in a single building or on a single site. "Moderate Income Household" means a household with total gross annual earnings of less than 120% of Median Income as defined above. "Residential Development Project" means a project for the construction or placement of a dwelling unit or a second dwelling unit, manufactured home, or a mixed use development as defined in 14.17.120 or the subdivision of land for a residential development project or a mixed use project. "Very -low Income Household" means a household with total gross annual earnings of less than 50% of Median Income as defined above. Section 14.04.020 -- Land use regulations (R, DR, MR, HR, PD) is hereby amended as follows: Type of Land R DR MR HR PD Additional Use Regulations Use Bed and C* breakfast inns C C C *On non -hillside lots 20.000 square feet or lai•aer. Section 14.05.010 -- Specific purposes is hereby amended as follows: I. General Commercial District (GC). The general commercial district promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have freeway or major street access and visibility. Residential use is allowed with a use Dennit. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the general plan. J. Neighborhood Commercial District (NC). 1. The neighborhood commercial district provides convenient shopping areas within residential neighborhoods for retail items and personal services which may be needed on a frequent basis for vicinity residents. Examples of convenience goods or services include supermarkets, pharmacies, dry cleaners and personal service establishments. Within this district, a limited amount of office and residential use may be allowed, t3Viea4y-only if in mixed-use developments. Office uses shall provide a service convenience to local residents. Neighborhood commercial areas are intended to reduce trips to more distant major commercial areas. 2. Neighborhood commercial retail uses are limited in order to ensure compatibility with residential neighborhoods and to concentrate region -serving goods and services in locations outside of neighborhoods and in proximity with one another. A-2 3. Neighborhood commercial development is intended to be compatible with the surrounding residential neighborhood in terms of building height (typically one to two (2) stories, with UD to three stories for a retail/residential mixed use buildins), setbacks and landscaping. K. Office District (0). The Office District provides opportunities for the siting of a variety of administrative, professional, medical and general business offices. This district also probes allows residential use, and limited convenience retail and service uses to support office uses and serve local employees. The office district is intended to provide an attractive, landscaped environment with outdoor amenities such as courtyards, plazas, benches, seating areas and pedestrian/bicycle paths. FAR, trip allocation and design criteria vary throughout the district in response to localized conditions recognized in the general plan. M. Commercial/Office District (C/O). The commercial/office district promotes retail, office, mixed retail/office/residential uses, and cultural facilities. The commercial/office district is different from the downtown zoning districts in that it provides greater opportunity for office and financial uses in first -floor locations. Residential units are promoted to provide evening and weekend activity, increase the city's supply of housing units and support downtown activities and uses. O. Francisco Boulevard West Commercial District (FBWC). 1. The Francisco Boulevard West commercial district provides a wide range of specialty retail uses with regional appeal, including sales of automobiles, bulk retail items, building materials and other region -serving goods. The Francisco Boulevard West district is intended to accommodate large scale developments and shopping centers with specialty retail tenants. Assemblage of parcels shall be encouraged in this district in order to promote larger scale development projects. Residential use is also allowed in this district. 2. This area is expected to be the focus of major redevelopment in the future. Until redevelopment occurs, it is recognized that there will be many nonconforming uses within the Francisco Boulevard West commercial district, and it is intended that existing legal nonconforming uses may remain as viable interim uses. Section 14.16.270, Nonconforming structures and uses, contains general provisions on non -conforming uses which apply in these instances. However, these types of interim uses are not permitted on any additional sites within the Francisco Boulevard West district. P. Hetherton Office (HO). 2. Allowed Uses. The Hetherton office district is expected to become a major office area because of its proximity to the Transportation Center, Fourth Street retail and services, and the visibility from and access to Highway 101. New large-scale office development is encouraged in order to strengthen downtown's standing as a business and financial center. On the ground floor, office, business -support retail, general retail for parcels that front on Fourth Street, personal service uses and restaurants are encouraged. Parking structures are allowed, and should have commercial uses on the ground floor. Limits on shops protect Fourth Street retail businesses. Heuoing alla ed on the seeend-flop and above,and4f part of a mi,ea use developffient.Residential and live/work is uermitted on the uDner floors on Fourth Street, and on the around floor and above elsewhere. A-3 Table 14.05.020 -- Land use regulations (GC, NC, O, C/O, R/O, FBWC) [partial listing] is hereby amended as follows: Type of Land Use..�..........GC .�.......�..�....... NC...._ - O C/O 7-7 Single-family P -111,11 -11 -- residential Duplex residential G Multifamily A C P �A* residential Home Occup _ '_ __,_,.__ I r_ ___ tions P P P Live/work quarters A A A Residential care facilities for the handicapped Small (0_._.�.....w......._�....._ residents) Large (7 or more residents) Residential care facilities, other Small (0--......_..� ........_ .._. 6 residents) Large (7 or more residents)_.._. ............................... Rooming or boarding houses Family day care Small (0--6 children or adults) Large (7--12 children) Large (7--12 adults) R/O FBWC* Additional Use Regulations F, C P A level ef_a E)Ve Only in a mixed use development See Chanter 14.17 standards. P P See Chapter 14.16 regulations. A ASee Chapter 114.17 standards. P P P P' P P P P P P P' P P P P' P P wl ......��....._� �.� w„� — C C C C C . . ...... ........ . . . .... A C A A A r _ 4 �Scc Chapter _- 14.17 standards. �.....rv__ P _....m_.r�.. P A.w A A A See C'bapter C 14,17 standards. C C C C C C A-4 Table 14.05.030 -- Property development standards (GC, NC, O, C/O, R/O, FBWC). [partial listing] is hereby amended as follows: ;...._--------- ....a_......_..-.._.�. �C NC O C/O R/O FBWC Additional µ Standards __...m... _... ..,.1,800 . __.w.._ Minimum lot NA_l 000 1 800 N A1,000 1 000 1 000 NA 000 (A) area/dwelling unit (so Maximum height 36 36 feet; 36 36 36 36 (C), (D), (E), of structure (ft.) 30 feet (F), (G), (H) for a residentia 1-only building BUsable outdoor�34��-m ANR]NR_ oor JISa l�4NR NR �ANR area (D) Hotels have a four (4) story (54 iect) height limit. A one -stow (12 feet) height bonus five (5) stor 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. (H) A f f4y eight ht fof (48") -height lit bonus on Lineoln "vent - may be permitted in residential development as provided for in Section 14.16.1090, Height Bonus. A-5 Table 14.05.022: Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M, R/0) [partial listing] is hereby amended as follows: . .. ........ .. . . .. �5/M R/O — �! Type of Land 4SRC JCSMU :2,13 MUE 2/3 WEV Use 1W i Commercial Uses ......... ..... . ........ .. .. . ... . . .... . ... ......... . ... . ....... Animal sales and service, excluding exterior kennels, pens or runs (1) Animal care CZ facilities Animal retail P 'sales Building materials and supplies �Paint stores (2) P Food and beverage stores "Convenie'nce CZ Imarkets Grocery stores P and supermarkets (7) Cz P [- ""'' . . ............ . .. ... Liquor stores . . ......... . ...... .. ......... (1) Less than 200 CZ Cz ft. from residential district (2) 200 or more P ft. from residential district Motor vehicle sales and service (including automobiles, motorcvcles, IN . .. ........ ... ....... ... ... - I - Cz CZ P ....... .. ...... CZ CZ CZ CZ CZ(4) P P P P CZ(4) OR (Type of Land 4SRC Use trailers, trucks and recreational vehicles) �Sales, parts and P supplies IRetail Antique stores P Apparel stores T - Appliance stores P (and ancillary repair) (Auctions (15) IP Bicycle shops P Department stores IDiscount stores I Furniture stores and upholstery shops(and ancillary repair) Gun shops P Jewelry stores Ip Ip Plant nurseries P(2) and garden supply Secondhand CZ stores and pawnshops (17) HO ICSMU I211 MUE I)WEV I213 W MU P IP Ip Ip II IIP(4) I <2-'400-41. P(1 -7e 2-,000* P P P P(4) A OW2 FL2 7 <2,000 P P P P(4) RL2 7 1 <-2 -, nnn „�. P/11'7't 1) MA -L P P P P(4) S LL27) llp IP l Ip IIP IIP(4) I 1400-41. P'-1) I)M 000-s ,27N -) P - r.CAN) P p P(4) P127 P �p ]F(4) Ip" IP IP(16) FPrP JP(4) 42-1009-1-4 '),OQO* P P P (4) 7 LL271 JA JA JA ...._.IA._... ... ,000-4'. Goo* P P P(4) A 07t,)17N P127 E U2 P(2) P(2) P(2) P(2)(4) CZ CZ CZ CZ(4) CZ Type Lan ICS /Use I�2/3U ]IWEI Shoe stores P <'1'nnn nye p i p P P(4) P(27) 2,0 27 Shopping centers IC IC IC ,I IC IIC I C(4) Sporting goods P <-21000rr...P P P P(4) stores , E 271 Stamp and coin P 4210nn .,r..P I p p (4) shops D/17N I, P 27 Swimming pool P P supplies IP I I JIP Tobacco C(28) C 28 C(28) C(28) Retailer, Significant Toy stores P l?'nnn s4, P+2-7) P i P P P(4) P127) IVariety stores P IP IP 11P I __]IP(4) Video sales and P 4ry,f*0 nf.D P <2,000 P P P(4) rentals 1 � fir? sf: E 27 2000+ sf. C Residential and Visitor Accommodation Uses A A (298) 'JA A (20)P A (Multifamily residential (19) I I J�A ( I JA.nimal keeping IA IA IA A A � IA IIA (290) A (20) ' A (Caretaker's residence IA IIA IA ��A ��A ) (290) !IA (20) A (Live/work quarters (19) ]A J�A IA J�A J Residential care facilities fort e handicapped i A-8 Type of Land 4SRC HO CSMU MUE 2/3 WEV' 5/M R/O Use I �2/3 MUW dwelling unit Small (0--6 P P (290) P P (20) P P residents) ..�. m�._..... ( r more Large 7 0 ...... P P (290) P P (20) I P �; P P residents) ..................................................... Rest 'dential care a. a._....._m._.., facilities, other in dwelling unit (19) Small 0--6 P ( 299) — P 20 ( ) .. P ......m._I P P residents) IP I IP Large 7 r more C C 299 C 20 ...._..... w...w. C residents j IC �'C IC Rooming or.M._____ A A (290) A A (20) A A A boarding houses 19 "See Seetion 14.05.020(-A) (2) See "Outdoor storage." (7) Operating after 11 p.m. requires a use permit. (15) See Chapter 10.16. (19) See Section 14.17.100 (Residential uses in commercial districts). (20) Residential use allowed if part of a mixed-use development. (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 daycare 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 facine Fourth Street where residential use is allowed on the rear szround level and second floor and above. 147 Table 14.16.030-1 Number of New Very -low, Low and Moderate Income Units Required for New Nonresidential Development Development Type Office or Research and Development uses Retail, Restaurant or Personal Service uses Manufacturing or Light Industrial uses Warehouse uses Number of New Very -low, Low and Moderate Income Units (per 1,000 square feet of gross floor area) 0.30 0.23 Hotel or motel uses' 0.0084 Floor area excludes all areas permanently used for vehicle parking. Includes professional, business and medical offices. Accessory uses to a hotel or motel, such as restaurant, retail and meeting facilities shall be subject to requirements for a retail use. Provision of Units or In -Lieu Fee. Required affordable housing units shall be provided on the same site as the proposed nonresidential development, at an off-site location within the City, through dedication of suitable real property for the required housing to the City, or through payment of an in -lieu fee, at the discretion of the Planning Commission or City Council. The Planning Commission or City Council may accept off- site units or an in -lieu fee if they find that inclusion of the required housing units within the proposed nonresidential development is not reasonable or appropriate, taking into consideration factors including, but not limited to, overall project character, density, location, size, accessibility to public transportation, and proximity to retail and service establishments, or where the nature of surrounding land uses is incompatible with residential uses in terms of noise or other nuisances, health or safety hazards or concerns. Where the application of the affordable housing requirement in Section 14.16.060 (I) (2) results in less than one unit or one or more affordable housing units and a fractional unit, the developer may choose to pay an in -lieu fee for the fractional unit without the required findings noted above. Affordable housing units provided as part of the proposed nonresidential development or at an off-site location shall meet the requirements of Sections 14.16.030 (C), (D), (H) and (I) and shall be completed prior to or concurrent with the completion of construction of the proposed nonresidential development as the conditions of project approval shall specify. 4. Calculation and Pavment of In -Lieu Fee. The amounts and calculation of the housing in - lieu fee shall be based on the formula set forth in 14.16.030 F and established by Resolution of the City Council as amended from time to time. Unless otherwise preempted by law or as otherwise approved by the Planning Commission or City Council, the in -lieu fee shall be paid prior to the issuance of a building permit for the proposed proj ect. J. Housing In -lieu Fee Fund. The housing in -lieu fees shall be placed in a segregated Citywide Housing In -lieu Fee Account. The funds in the Housing In -Lieu Fee Account, along A-30 with any interest earnings accumulated thereon, shall be used solely to increase and expand the supply of housing affordable to very -low, low and moderate income households, including but not limited to the following: 1. Design and construction of housing affordable to households of very -low, low and moderate -income households including costs associated with planning, administration and design. 2. Acquisition of property and property rights including acquisition of existing housing units and the provision of long-term affordability covenants on those units. 3. Other actions that would increase the supply of housing affordable to very -low, low and moderate income households. 4. Costs of program development and ongoing administration of the housing fund program. 5. Expenditures from the Housing In -lieu Fee Fund shall be authorized solely by the City Council and controlled and paid in accordance with general City budgetary policies. K. Enforcement. The City Attorney is authorized to abate violations and to enforce the provisions of this Section and all implementing regulatory agreements and resale controls placed on affordable housing units, by civil action, injunctive relief, and/or other proceeding or method permitted by law. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from other remedy or relief to which it otherwise would be entitled under law or equity. A-31 Section 14.16.150 -- Floor area ratios and densities applicable to nonresidential and mixed- use development is hereby amended as follows: A.1. The intensity and density of development in c3irr.1 -ra}al-nonresidential and mixed-use areas districts is identified by floor area ratio (FAR) and by the number of units allowed per 1,000 square feet of lot area. The FAR is the total building square footage (gross floor area) divided by the lot area excluding public streets. Total building square footage excludes parking areas (covered and uncovered), hotels, and nonleasable covered atriums. Floor area for permanent child care facilities in nonresidential structures may be excluded in the FAR, subject to the provisions of Chapter 14.22, Use Permits. 2. See subsection (G), Floor area ratio limit maps a*d t.iar orspefor A^or afea to FAR limits and trip, a;l.,ea4iens f ,..,11.,,,.able ❑nos in nonresidential zoning districts. The maximum allowable FAR is not guaranteed, and shall be determined by the following factors: site constraints, infrastructure capacity, hazardous conditions and design policies. B. Mixed -Use Development. 1. Commercial or Office with Residential. FAR limits apply only to nonresidential development. The number of units allowed on a lot is based on the minimum lot area required per dwelling unit. For examDle, a 10,000 (ten thousand) square foot lot in the 2/3 MUW District (FAR is 0.7 and dcnsity is one thousand (1,000) square feet of lot area Der dwelling unit) could develop with LID to the followinv- mixed-use amount, subject to meetin-7 other zoninc-)- standards related to height, Darkini; and design: Size of Lot FARIDensity 10,000 so. ft. FAR 0.7 .... _. �_�.._m......___ _...._....._........ Dev elopment Potential 7,000 so. 11. commercial (10,000 sq. ft. of lot area x 0.7 FAR 7000 _s"ft. ft. and Lot...area/dwelling lull..._... t: 1,000 so. �10 units ft. (10,000 sq. ft. of lot arca/1.000 so. 11. 10 units) Use Fef mixed1 "E:Op _— `—thy lar�ci ui��l ^( 1 ,1 ,+o l between +1,E am©ur ,,r„ ,1 . C, •,a . side. tial deyelopmcnt. For- exet-'W' i+ -cin i?n/O- et (FAR is 0.32 and density is one theusatid (1,000) square feet of lot area per 111ng unit) ' "+1, ., lot ., of ten thousand (10,000) :,quare fce et , oul i develop with eithe of the fellowing, Eise t' na or any Let 46X99 T` A R /Deno;f.. CVIIIiIIl Ye ial Sq. Ft/Now of Units Option -A 1,600 sq. ft. eemmereial (5,000 s„l. f e f lot v .32_-R'\R 1,60 and . ,OVMO "N INITO Lei/ 1,.. ,ll:., 5 tmits (5,000 r+ of let g units (g units - 1,300 unit! 1 nnn t`+. area/1,008sq. 41. — 5 sq. ft. _ 8,000 sq. ft of units let area A-32 2. Industrial/Office. In East San Rafael and Francisco Blvd. West, to equalize traffic generation, a sliding scale of 0.26--0.38 FAR is applied to construction of new industrial/office structures. For example, the industrial 0.38 FAR allows up to twenty-five percent (25%) office use; a higher percentage of office use requires a lower FAR (see FAR malls below for more eansistentwith ith the ge„aral Allan app3ndiees. 3. G,,,rmie, eialor- O fflee with Rest la.,t 41 in Davnit�A.R limits apply enly to neflfeside; devoc-loirm,mit. The number- .,!', nits allowed ., ., !at is based a rninir =arn 1 per- &,elling unit. For- mixed use de ,lcpment, flie-RA R eotabl.ishes t mar.imum teal petential and the density establishes the maximum potential, with the total develepmenttiete4ial be;nb the „b,;„.,+;en of the „ ident;.,1 and the residential. example, Tet AT "X" in A1VT Th-s+.-;ef. (FAR D is n.'7 .,n ns .,,, density ; e +hs.,n (1,000) s� �7c a+ea-f*rw lli 0 1-1— arr 1,--+ eatild develop with tip te the b mixed use , b thcr zoning standar-ds ,•elat ng the hest i, parking and design Size of hot ccv�e 7Y 0,000 SE1.1~ A D55 7,000 (+ ; ,1 (10,000 • i t •ate est area x 9.7 FAR - -, 7nn, o�� C. Public and Quasi -Public Use FAR. Public and quasi -public structures have a 1.0 FAR. Except for public and quasi -public structures in residential districts where the 1.0 FAR may not be exceeded, public and quasi -public structures intended for a specific purpose which requires a FAR greater than 1.0 may be built to a higher FAR if the higher FAR is necessary for health or safety purposes, subject to the provisions of Chapter 14.22, Use Permits. D. Transportation Use FAR. Transportation structures as part of a public or quasi -public use have a FAR of 1.0. Transportation structures as part of a commercial use have a FAR of 0.32. E. Water District. The FAR for the water district, consistent with the parks/open space zoning district, is 0.1. Docks, piers and launching ramps are not included in FAR in the water district. F. Commercial and Industrial Redevelopment. Any commercial or industrial building larger than the FAR limit may be redeveloped consistent with Section 14.16.270C(6 -S), Regulations pertaining to a nonconforming structure. G. Floord Area Ratio Limit Standards and Maps. A-33 Il Area Ratios C, ec—i fie Area, uses �45-(X. I5 159 tl Notes� J . ^ Past qan Bulk/Spee .,t Fetail 10,32 .16 .2 I N/A* (4J Rafael/low othe!-be...,t AQ -.240 .16 NA (4) impaet-area eemmer-eial 91fiee 046 .13 .19 N�A East 8 (44 ]BulkJspeeial.-�rete" �R'afael/high (t 4-9 t'VYA NA (� A-33 impaet areal 7 :I JrA �I, i ............ �... _....... .._....._...,,_._IAT.. 1(0)� �7 �...,�. �.�.._..__...._�._ Downtown nth F". _...�..' �Nonr-esklent:.,1 r-.3-216-34. 14.-" e ........ ............ East San affiee 9--_26 13 N�A {�} Rafael/low Goner-a! Commereial 4.24 .10 .16 NkA impact area ate �rrSi'scsiacnci&1 9�8 ------- nth 1 ,r aieas,.r,,,,res ,1�„t; l 14 11e " .16 C-SM T 2/3 MUE and 2Y4171'1 , WE /,rr�r GI T =v�n in rZT� in v, cue ..._......._..... _... -Nei al I9-.n _...... Tv.24 (9.4-9 (5),(6) FBAI Bulk/speElal retarl:91- 9�3 �4 9 0), -(3} Other- general eel- .1e-1-6 e-.4 Ml (3) 0-2 O iee .13 .19 9. 0), (3) East San lid 9-.3-9 9-.9 NSA (1),(4) impae! ar- Other bo. ., i Q-.-4 mal .10 .16 N �} Fy-aftei,ee Blvd.mal 9-.3-9 .19 .29 9:91- est Bulk/s.,..ei lty retail 9.P2 .16 .24 9-." Other- general 0-.24 eemmer-eia1 .10 .16 044 T T/nom ,n-v--ccav East Sai industrial � 9�8, (.19 .-29 NA Rafael/low Of iee 9-a6 13 .29 N/A iFt aet aFea B .11.-/s„eei,,1t,. retail 9-.33 .16--i4 CT7 Other- g r-a 0-.2- .19-16 iIA (1 } East eommeFeal Saii industrial ustria E 9�3 A7 .2 5 4 ..... , D�,�a Offiee 9-.2-? 1- .17 1/4 m impaet a%ea Ralk/sposialty retail 9-26 .13 .19 N/4 {�} Other g r.,l 9-.4$ 09 .14 NA(1) commereial Al,,,,,.es;a,,.,t; ,,23 9$1- r, .P nP, ods � }ic"qua;; public 4-.00 14.W 'I 9:017 A-34 I0pen spaee I0-.01 (�4 _ r nIN4, N4c East San Mar-ineuses 10-.32 166 —.24 N/ (4-)Ral:ce!/Ie //''^^ '� B ,ll.. spee;.,l+,. retail 0732 2 16 4 N/A (1� imps area n+l,e,- „_ ,..,l 0-.24 ,l .16 4 NAl (�} eemn lotlier- areas INatifesident 14342 1.16 .2-3 JNiA East -d'aii l„rldustFial t/�3 �J i'fYA (1) Ra€ael/higOfflee 8-.22 .11 .17 N4 {� ii:laet wren >�„11. /�.. o ; , i+„ ..o+ ,;1 8 ?b n+h,,,- 13 .19 1A (4-) geneFal 04-9 eemmereial .09 .14 NA {�-} itmat applicable 1. For- par -eels in East u;a: Ra%e--:, F-r-anzisee Blvd `east .,,,a i.r,,..+1,gato, a Fxae�-c81 s ,.;r,,, 1;s+;.,,. 12. For lots in the downtown area, see the Demgitewn and Eiyy;,.^.,s Floor ",.e., Ratios .,.,,1 ue"�ht Litni-t3 map In tie-genoral plan `^r parcel speeifie4zAR limit-,Tlhe following alse-apply in the downtown a. FARs may be transferred from one portion to another of a parcel split by FAR designations if the transfer results in a scale compatible with surrounding development, as permitted in Section 14.16.340, Transfer of density on-site. b. A one-time increase in FAR up to ten percent (10%) of the building or seven hundred fifty (750) square feet, whichever is larger, shall be allowed for expansion of commercial and office structures if consistent with the provisions of this title, consistent with the provisions of Chapter 14.22, Use Permits. A traffic study may be required for a FAR increase for buildings on Fifth or Mission Avenues. e. Repealed 3/4 8/96. 2-3. A higher FAR may be permitted at the intersection of Anderseen Drive, Highway 101 and Francisco Blvd. West, if the proposed development would substantially upgrade the area and include bulk and region -serving specialty retail and/or hotel uses, subject to a use permit (Chapter 22). fuid ,: a. The facility ; needed in +ho O3 nlliuni', -, b The design ofthe p eet is eempatible with s .,.1kig e. The pfE�eet is designed so that it eannot be eenver-ted to other-, more intensi <3 usec,; and-, d. The i., appropriate '.4. Mini -storage projects may be permitted up to 1.0 FAR by use permit if the planning commission finds: a. The facility is needed in the community; b. The design of the project is compatible with surrounding uses; c. The project is designed so that it cannot be converted to other, more intensive uses; and, d. The location is appropriate for this type of use. 5 lief lo,15 immediately east of Highway 101 in the M emcee,+ eoramereial ., +h FARs aro as Shown on th3 n,tp balew, A-35 [Map above deleted] Floor Area Ratios (FAR"s) F-1 Up to .32 FAR Up to AO FAR Up to .70 FAR 3 1 fi+Ti i 1 i +t � , F31iL 13E}3t -f Ml bo F, the OF afea „"�-c`0 Is 0 �I,r .- . Otustralioa 14.16.159 FLOOR AREA RATTO (FAR) EXAMPLE 0.3 FAK [Illustration above deleted] A-36 [Map above deleted] SeC600 14.16.150 [Insert FAR maps as shown on next three pages.] A-37 a 91 © LI . I I g [Insert FAR maps as shown on next three pages.] A-37 •O •p N 9 V! 1 .. to 43 W N .`✓ � � m . ct G N C O o •ri `y o o c � Q Gv� � o A ' w // .-.•.. "' y �-•""W' N1 r••-� ����r, `yplic� �.: �..� ,:___ u0i k� �/" f/ `�`'-�cc••��S pn/� T f l• 'y ` k/ / r4 d w i /� 'a `�yN� v,• � �; fit•-- `C -4j �� J r} :::J -,m - J S ..... `y�-.1 I',, t•` �--• 3�J •r --a � _ _ 3zf r j �•j t.- fT oa LLL2.1_; - � IKU- Ulh- z_ hdi' 4 ¢3 s �• t -'� r r--�--} j. 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It t t 04 IV! �1 •' ``-_� � { ~•`� __� � C_;..,,;,, lh�; is !"4ff _ J vi W a3 CL a3 v � Q 0 m O E ul N 07 m L !i 0.07 C n O o VJ O O m t2 m U y 2 n >Mr m CL O m U > _ N - `0 -0-0 O m C vl m N N C Y m U y ' C of L< mN "OL OO mLn IL0mm mF r_ "a V p CL Mr - N y U 07 a O> O a 0 C U E« C N 0 to G a O N— Q m Q > n m a y O YO m nIn O N -0 L C m O m O' OE N O N L N.0 0=K 7 O y j0 3nN LL aE y y� mm oo.00 oom� ya )= C O O O 0 7 m f- -' w a n_ C U E O vi W a3 CL a3 v � Q 0 m O E ul N 07 m L !i 0.07 C n O o j O O m t2 m U y 2 n >Mr m CL O m U > _ N - `0 -0-0 O m C vl m N N C Y m U y ' C of L< mN "OL OO mLn IL0mm mF r_ "a V p CL Mr - N y U 07 a O> O a 0 C U E« C N 0 to G a O N— Q m Q > n m a y O YO m nIn O N -0 L C m O m O' OE N O N L N.0 0=K 7 O y j0 3nN LL aE y y� mm oo.00 oom� ya )= C O O O 0 7 m f- -' w a n_ C U E O 7' i I I I I I I I Section 14.16.190 -- Height bonus is hereby amended as follows: A. Downtown Height Bonuses. A height bonus may be granted by a use permit approved by the Pplanning Ceommission in the following downtown zoning districts. No more than one heiaht bonus may be granted for a oroiect.: 1. In the Fourth Street retail core, a twelve -foot (12') height bonus for any of the following: a. Affordable housing, consistent with Section 14.16.030 (Affordable Housina) amoral plan ply 1=I• -S; b. Public courtyards, plazas and/or passageways, with the recommendation of the Ddesign Rreview Bboard that the public improvements are consistent with downtown design guidelines; c. Public parking, providing it is not facing Fourth Street and it is consistent with the downtown design guidelines. 2. In the Lindaro district, on lots south of Second Street and fronting Lindaro Street, a twenty -four -foot (24') height bonus for any of the following: a. Park area adjacent to Mahon Creek, accessible to the public and maintained by the property owner; b. Community facility, ten thousand (10,000) square feet or more in size. The facility must be available to the public for cultural and community events, and maintained and operated by the property owner. 3. In the Second/Third mixed use east district, a twelve -foot (12') height bonus for any of the following: a. Affordable housing, consistent with Section 14.16.030 (Affordable housina)�!en efal plan Policy 44; b. Public parking, providing it is consistent with the downtown design guidelines; c. Skywalks over Second or Third Streets, with the approval of the traffic engineer, and the recommendation of the Ddesign &review Bboard; d. Mid -block passageways between Fourth Street and parking lots on Third Street, with the recommendation of the Ddesign &review Bboard that the design is attractive and safe. 4. In the West End Village, a six-foot (6') height bonus for any of the following: a. Affordable housing, consistent with Section 14.16.030 (Affordable hOLIsina)Zi^r^' plan pe ff 44; b. Public parking, providing it is consistent with the downtown design guidelines; c. Public passageways, with the recommendation of the Ddesign Rreview Bboard that the public passageway serves an important public purpose and is attractive and safe. 5. In the Second/Third mixed use west district, on lots located on the north side of Third Street and east of C Street, an eighteen fee�-f'oot 0 8') height bonus for the following: a. Public parking, providing it is consistent with the downtown design guidelines. B. Lincoln Avenue 14-ousi igIleieht-Bonus. A twelve -foot 02') for-ty eight et448'�height limit bonus may be granted for affordable housing on Lincoln Avenue between Mission Avenue and Hammondale Ct,,, on lots vreater than 150 feet in width and 20.000 square feet in size. ,.andel develapmefV, on I, nseln Avenue, consistent with Section 14.16.0390, (Affordable housine)'-'ensit •'onus C. Marin Square Height Bonus. A twentv-fOUr foot (24') height bonus may be aranted for affordable housina at the Marin Sa_uare and Gary_ Place xODerties, consistent with Section 14.16.030 (Affordable housing). D. North San Rafael Town Center Nei --ht Bonus. A twentv-four foot (24') heiaht bonus may be --ranted for affordable housing in the North San Rafael Town Center, consistent with Section 14.16.030 (Affordable housing). E. Hotel Height Bonus. A heiaht bonus of twelve feet (12') may be -ranted for a hotel provided the Planning Commission finds that the hotel will be a sienificant community_ benefit and the design is consistent with Design Review Board recommendations. 41 Section 14.17.100 -- Residential Uses in Commercial Districts is hereby amended as follows: B. Applicability. Performance standards for residential uses in commercial districts shall apply in the 4SRC, HO, 2/3 MUE and MUW, CSMU, WEV, 5/M R/O, NC, C/O, and R/O Districts. Performance standards shall be applied through an administrative use permit in the 4SRC, HO, 2/3 MUE and MUW, CSMU, WEV, 5/M R/O, C/O and R/O districts, or a use permit in the NC3 LMU and M districts. 9. Live/Work Quarters. The purpose of live/work quarters is to allow residential use in a e�mn: «.l d' bona fide commercial or industrial area such that the live/work use will not conflict with nor inhibit industrial or commercial uses in the area. Live/work quarters are subject to the following requirements: a. Residents of live/work quarters are required to acknowledge, as part of their lease agreement, the commercial nature of the surrounding area. b. The FAR standards for the district shall establish the permitted intensitv for the working space of the live/work unit. C. The parking requirement shall be based on the number of spaces required for the nonresidential square footage, or as determined by parking study. d. n71 giving areas mList b, suitable for- paiose", as ae,e, ,,;,,e,a ,,,,,he b,,;,a:,, , i eetafNo more than 49 percent of the live -work space shall be reserved for livine spaces. All other floor arca other than that reserved :for living sb_ ace shall be reserved and re,2ularly used for working space. e. At least one (1) of the residents of a live/work quarters shall be required to have a city business license. Un to two persons who do not reside in the live/work unit may work in the units unless this employment is prohibited or limited by Use Permit. f. The site is free of hazardous materials, as determined by the Fire Ddepartment. 9—. Access to each live/work unit shall be provided from shop fronts, directly from the street from common access areas, corridors or halls: and the access to each unit shall be clearly_ separate from other live/work units or other uses within the stricture. h. A building with live -work units shall be designed to ensure that each live/wort: unit will function predominantly as workspaces with incidental residential accommodations meetine basic habitability requirements in compliance with applicable regulations. i. In the downtown mixed-use zoning districts, living space shall be located in the rear ground level or second floor and above so that it does not interrupt the appearance of the commercial frontage. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). 42 Section 14.22.020 -- Authority is hereby amended as follows: A. The Zzoning Aadministrator a*d planninb shall approve, conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as CZ use permits. The Planning Commission shall approve, conditionally approve or deny applications for conditional use permits identi fed in the Land Use Tables as C use Den -nits., -1- ; ^mil mal c o r e lines �- Animal kespib b, -5- R""" 'e^^, tr^'1`-3e1-fanning arls E' ealional cchaels, 7-. Gatidlemaking shop; r'e 9- (tee shop-, 44. Check caching efvl 11. Ce -ee feasters—, 4-2- Contraetei's shops Felat i:;-:anne astiviti€J, inoluding welding, small e.,b„„e,•,, F --pair, anal niar1 , rontraettois yards (neree„ed),! 14. Genye„ce,,,.e markets; 4-5-. Cut (fi ft„ (50) to e thousand (4,000) yards per s4e ,ei year). iE;:.cnmpt"' : Agie _ eh renal is bomb dono in aaeoFdaiiee with an aper^ a and logon, erfeet: e tentative ,d/or Final subdis-i3ion map, and a 1 --gall err etiye h,.;,ding pennit4; 4-&- Day eare eentef-, fy4.caning sst„hlish,,,e„t,. , .;tl, ,. site p tib.r• b + 4-8- rill (Fr, (50) to two 4h „a (2 nnn) eub , 1- , site per -year). \,E-..L%nplciens: \h71,e,•e eh fail i. done ; e,• 1 .,, e with eel „d_1a�lly erreetiye tentative b.....J ..��.... �.. .....,.....,.... id/er final ,,,,1.diyisi.3il map, and a legally er�iv"uilding peffirit} Fee e&tablichmc lts one thousand(1,000) square feet „r less ; sizo in irAust+ia1 2-0- €neral and i1.4 of ent s • 24--Ftifniture refinishing larc ,.t • 2-3-- u"rim i cvi :e s. .-as ' in � MIO andT7n .l: str- e4 s; 24-. individual uses, not a part of a multi lot of multi tenant development, in the Raneisee �- 1 er-ateries; 2-7-.- r . stoi:es less ,1, , t„ e l„ ndt:e,l feet (200') 4em e ;.le„4;.,1 ,listric, . f em seheel; 2-8_ 1\ aehine she., • Major cpai s, n:atoi: oeaiele; 3✓0-.- Mini -repairs, macvi-v ell iici 34-Aeto ehie e :al --a, r ;th five (5) or F , or ed automobiles OR - 4L—, 33- 1`le,,, enfe,•. ing use ehaiige(s), tinder Seat;e., 14.16.270(p)(4); 3-4-.- Chitdeof b , 4-5- "P of .andFi e”fns eeeriTcics , 43 44 Chapter 14.26 -- TRIP PERMITS is hereby deleted. in ma -a • actilc of b p.r.. pe -alt hoUT trip a lee tions as identified ill the-gencral plan. Thaw .,llee.,tions ., stent with typical n fa:4 plan lan",ea and geer afeai-atielii,,;ts• Trip allosations may notbe exeeeded eNeept, ., tri„ permit a the,•; n trip ,r.,ns feFs or 1 eiius t ips Trip 3r bo Lt, fmay ay o �F,s,•.",o plamingeemmis-, n appmva1, through tr- nsf r of t.,rips eei4 es held in e'31n1nmi sl„„ or through allocation ., tion ef b limited number E)f trips held in benus r-eserwes feF speeial publie 3ses. Trip pe -,,,its are pprivilege mid shall only be gial eirc-U ns' anees ,,. ei speeified eriteria are int: genal purpases of eaeli type -4 -trip pennit flew. Trip Trans€erc. Trip trap impae-ts nu -ay bybenefieial. B -Bents Tr. Trip -p, f bonus pa peak hour- trips ineluded4n44e b iiE`{al plan. A bei _ •al r established to collect ., r apr=, al of „ro eets whiel, eonsidet-ed to 4;,11„ develop tho uUl%act pr-opeFt• The general r shall be used for- eit„/,,,,1 lie belie ;t p atinb, e ,d;t;ons(Ord. 1625 1 (pati). 1:N4 .0 �1. Trip Tramf-ers. The planning dii-eetef shall , „d to the plannin , eendi-timal appraval or denial oftripn_ ,,its to,r.,,,sf r trips ameiig pet4ries Th, plarming eissi3n shall hold public heariqg ,s and approve, eenditionally approve, or- deny trip pefmits to tmiisfer t.•;ps amore. Trips, Tl� ., .tin;,,,,. ,larn,� hall...reoe�n3����1�3d f 1' ., 13eln+s-lripv. ''_'lie planning e31.�r.3,;i^ �l„11 ,d;t; n,pffeve or-denmy alleeation: e fbenus tripsfor-speeifie development ei: use(s) of„ rt. C. Trip Categerics. Th. eity eouneil may medi 3r agar en'bonus trip resefve .,te„eries rn,•d 1625 R 1 rn.,,•tl 1992) A. Trip Trencfers nnnlie.,t;ens r trip lrrmits to t,•„nsf r tripo ani -s held ; eemmen "'lip shall b3 ifiitiated by submitting, the 4nilOwinb irf „",^tin„ to tb,e plalnling bn Ay ewner-(s) or- auther-ized agent, �n4pa 3ie�. -by- t:13e requir , ° formation pr t r.ibed'+y�t-lie-1-1mng d4wter. This infer,,, on shall insludn but ; „+ limited +, '' lesser'bers and leealiomi ir-ap-:hu4,irb al' aff__t_d par -eels, ''tee•-ef land ownership (all parcels involved must be , nder no mon owie” ??ung ailcl rrap3o2d land uses , each parcel involved ;n the t.•.,ns.rn,.. n. b in fa •,,,.,tion , „ .,b., rd;g nthen ed land uses as may be n ,•;b ed by the planning ddiFreecmt^r-,in •de.to assess tr- f i impaeis ref„ ed uses ,d ado,,,,,es�f-trip alloy +; to r, eh uses; 5. DeseFiption e !'any development plans, ineluding phasming plans if any, ref the pf-ape!4ies- i lved, B. Bonito Trips nnnlie.,tions for ,,•;n t3 ,its shall 1,a initiated by s„b,,,,;,t;iig the f hewing n l;,,..n t;nn ,n the planning department: ent rtment: a „ad ap-licat;e„ Fer,,,, sed b y then eA b „the,•ized agent, n . .. „ece•npantheied by the r -ed filing ft1 -fee and any e,�,r i4 ,•,,,,,tion b 45 ;hell h. d' ete Tl ' F h 11 but t limited to the - � il.,� plan.������rnh:t:��.m-�rrok-a�R��=1���«�, following, inmage„. f,• ' b needed, the reason why the trip allocation request is needed, the ntm:nber- o trips the proposed b ei-), of bonus trips mid hew the development q1talifies for- the reqLiested h1,nus trip alleeation; 2,,1 p.r'c',. peal` hour t,•affe anal s ac- sl�ea;(:ed by the eity traffic engineer, (Ord.1625 .0 1 .040 :..,.: Benus trip reserves e listed in the , „oral plan and are formally adopted he,•ei„ n gen established to , -nlaim wiused trips ou pro},. developed Bon,.a taps r. -,ay on!), he used for- s ei fe pur-poses s deser- bed in the g al plan 14.26.050 Findings. A. T.il, Tran e;l droll maks the f rlewimn1, finding:, in order- to , nt „ trip pcnn1t to '"ansf r- trips ameng properties held in Common 1. PaFe Is to .,hieh tripo hav-s-been allxated are held Wider- eofHFHOH Owner-shilK, d ro adv eys 3. Tot. Tfbi all p.u•„els shall not e ed the total alleeatie fl 4. Sueh transfer- of trips would not result in sigmifieeait advei-se envir-onmental impaets en th-e v"1 ``JJ „,and, e The pare ,1 1'iy. i which trips lix,,e been +..ansfe,.,•ed , „ld a „time to have suffieient trips f var-ied Liseseons`.tent . ,ith the zening dist, et's land , lt1, - eg,a'. B De,,.... Trips Tho FIarnir g commission shall make the f 111,,. ing findings ; ,-de.- to g"ant tfi"e ,i+ to alleeate bonus , e trips to a pfepetly� t� ai ��'. Tfo log: el o � general blah 11,1..,1 st,•eets and/or eritieal i.,+erehaiiges; 2. The proposed Lise of benbis trips is eensistent with the speeifie piwposes as deser-ibed in the genx-al l'f,an; ani 3. The granting 1,F an inefease in the number- of p.m. peu1. hour tFips to the subj ,.,+ ,,,•1,,,,,,.+„ .,,;11 not midei- the eir-etimstanees of the paAiettlai- ease, materially affeet adversely the health or- safet of per-sens residing or working in t4ie neighber-hood and ",ill not, ander- the eir-eumstanees of the pai4iet se, be mut^^^11y det,.:,,,. nla t,. tho public , '> — injuriatts to pr-opeAt-ef Its in the neighber-hood or to the general welfar-e of the eity. (Ord. 1625 § 1 (pat4), 1992). 1 n 26 060 Alod.+.ing a abandoning mser-ve trip eutegorieo . foreseeable Lise or -when ., e has been depleted n neral plan anmond,,,ent shall he r-equir-ed to medi (:.1 aha„de fesen,e trip eategei es in the,.316• ral plan. (Ord. 1625 '§ 1 } 1n A.All hvrc3 re3e-,e tripsallocated to a al;,. g development �,7ll ran:;th the at , I I I � i the event the development is iiet eenstr-aeted, OF t4ie time limit imposed by4he planning seffimission lapses, the , e -trips slmll 133 ,.et,,,..,ed to +t,a original trip reserve. t ;t to all., ate h s� ,. olid a „t with the time limit f f 1�-�4- :-ip P -01 -Mit to r r .�e-trips :�?�rall bo appi-ev al .,f 1,t1, d entitlements (e + ,•it, 1,; et deteFmij,zt' r planning an ,..,.......�� �., :��N. Y^�...; Y.•..,�.,. �....,........».......) neeessary to implemant tl, , de,.1_,I1,,,,,,.,.,+ (Ord. 1625 .c 1 (.,a,f) 1992). 46 Any requests for- extensionof „ trippefmit to alle to - , 4;p:, gall be filed coneurrentwith time extension Alio ,+ian f ,. ^ther planning and zoning entitlements „ . to implement the development. (n,.,a 1625 .c i (paA) 1992). Trip ti-aiisfer-s shall be IT -4H+ie-&f approval of any development o propertieo shall be eensiuer-ed final. (Ord 1625 s i (,.art) 1992). 47 The Zoning Map is hereby amended to rezone the following lots: Bahia Vista School (AP# 00902206) School site with P/QP land use Current Zoning — PQP Amended Zoning - MR3 M Davidson Middle School Annex (AP# 01311101, 01311102) School site with P/QP land use Current Zoning — HR1.5 Amended Zoning — R5 48 Glenwood School (AP# 18502002, 18502004) School site with P/QP land use Current Zoning — PQP Amended Zoning — R7.5 ; 4 - Ifl���IIIIIIIIIIIIIIIVuulu �o �iiii II � ���ui�i iu n Nlllllm� I ..,,,; .!11116y1iiP�llillll�ll� !IIIIII��II'I'IiI��IM� ��� V u� II !� osiu ! 1 Vallecito School (AP#17506002) School site with P/QP land use Current Zoning - PQP Amended Zoning — R5 4 p, H5 I y uM�IV�Ii �IIVIV'�M�I,uWIYVIM , � I wl yp �5'�o�'IIl'1II111oV��1��(!�'���II���Nl�uli44�f�IdYiIIJ���+li+� No II Y yI MiuM iV��i IIMV YlY Yp q ws roe RIO I F15 i p .'".pi Ih Sun Valley School (AP# 17724012, 01005233) School site with P/QP land use Current Zoning — PQP Amended Zoning — R5 �i a 1 1' Davidson Middle School (AP# 01307144, 01310209) Additional Davidson Middle School lots to be rezoned. Current Zoning — PQP Amended Zoning — R5 13 Loch Lomond Marina (AP # 01607003, 01607004, Marin Islands (AP # 00914102, 00914120, 1607005) 00914121) Current Zoning — NC Current Zoning — HRR Amended Zoning — PD -WO Amended Zoning — POS 49 35 � 75 ` R5— Gidf R5 C9pop A, m DR RR Ipi:h6Qh;% 77 �I�����I��I ,r� lJW AVENUE 1i� , I I`I 5m+a o 'sit FOURTH I 4s9c, aS. Marin Academy (AP # 01119503) Current Zoning — 5/MR/O Amended Zoning - PQP �15 �R211 e�N Marin Ballet (AP #01510102) Current Zoning — R10 Amended Zoning — PQP Cc FW x°12 R10 .L. �pJ CO R7.5 RW - PD CDJ w Bernard Hoffman Field (AP #17805104) Current Zoning — PD Amended Zoning - POS '9y i Francisco Blvd. West (AP #01304144, 01304148, 01304149, 01304154) Current Zoning — PQP Amended Zoning - GC 50 5 Lindaro Mixed Use District AP#s 01307111 01306149 01307212 01307207 01303125 01307208 01303124 01303107 01307220 01307140 01306103 01307219 01307139 01307222 01306150 01307211 01306104 01306102 01307224 01307221 01307223 01307114 01307110 01303147 01306105 01307218 01307216 01311212 01307217 01307213 01303106 01307107 01307210 01307112 01307215 01307113 01307214 Current Zoning — I Amended Zoning - LMU 51 MedwayNivian Area Lots to be rezoned to Neighborhood Commercial. AP#s 00809119 01420206 00809110 00809108 00809109 00809113 00809112 00809111 00809114 Current Zoning CCl/O Amended Zoning - NC ■ Golden Gate Transit Bus Yard (AP # 01814274, 01814271,01818053) (and parcels 018-142-57 and 018-142-78) Current Zoning — PQP, GC Amended Zoning — LI/O 52 10 MR^ HR18 i fail 208-268 Woodland Avenue 01310201 01310208 01311109 01310202 01311104 01311110 01310205 01311105 01311111 01310206 01311106 01311112 01310207 01311108 Current Zoning — HR1.8 Amended Zoning — MR2 Brookdale Avenue Area Current Zoning — D Amended Zoning — HR1 AP#s 01107401 01109302 01109308 01107402 01109303 01109309 01107403 01109304 01109310 01107404 01109305 01109311 01107405 01109306 01109312 01109301 01109307 53 316 and 328 Clorinda Current Zoning — R20 -H Amended Zoning — POS Errata: These parcels were dedicated as open space when the subdivision was approved. AP#s 01231002 01231003 M Section 14.06.010 Specific purposes is hereby amended as follows: A. ... [no changes] J. Lindaro Mixed -Use District (LMU). The Lindaro Mixed -Use District provides sites for a mix of industrial and light industrial uses. To facilitate the transition of this district to a more compatible use with the adiacent school, to encourage the development of a more attractive entrvwav to the neighborhoods to the south, and to helu meet the housing necds of artists and other professionals who want to combine their work and residence, allow live/work uses in addition to the existing industrial and light industrial uses. Table 14.06.020: Land use regulations (I, LI/O, CCI/O, LM U) [partial listing] is hereby amended as follow: Types of Land Use mm. II ....................._ LI/O CCI/O ILMU Additional Use Regulations ...... ,Industrial Uses .... .....__ �_ .......... _ ...._ I 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," subiect to a use permit. (Biotechnology firms IC IC IC Ic Cabinet shops P* P* P* P* *Same as above.tPen fitted by right „loss . >;th;,, inn feet „fn residen4ial distriet, in whieh ease it is , subjeet to a Use per -mit. ICandlemaking shop P* IP* P* IP* I*Same as above. Ceramic shop IP IP* IIP* IIP*]*Same as above. (Chemical manufacture or IC processing �I Clothing manufacturing IP IP IP 1IP 11 Concrete mix plants IC I I i I (Contractor's yards (screened) 11P ICZ ICZ [CZ m .......................__._.... _.__........n..... IDr plants Y cleaning p IP IP IP IP* above. . .... *Same as .- Electronics industry IC IC IC IIC Food manufacture or processing P P P P* V tI �Y ;+h' inn feet of a i-esidential 7 in whiehease it is7 Fuel yards C I L .. - _--� A-10 Types of Land Use Furniture manufacturing Furniture refinishing or repair Laboratories Machine shops Metal fabrication, welding or shops Packaging plants (Pharmaceutical manufacturing Planing mills Printing shops Research and development facilities Research and development industry Research and development services Rock, sand or gravel plants (crushing, screening and stockpiling) [I ILI/O FCCl/O ILMU Ip* Ip* p* P* IP* p* Ip* 1Ip* ICz I Cz IIcz cz Ip* I Ip* 11P* IC IC t IIS IP* p* p* Ip* C IC IC IC IC I I IC IP IP (P IP e Additional Um.. ...__. se Regulations ai-ne as above. (*Same as above. I*Same as above. *Same as above. Mini -storage 1P [P IP P Vg P __.._...._ __ ._..._ __._ Movin companies P C..... _._ .._..._ IC Storage, warehousing and P' P P [E--�See Outdoor storage. distribution Trucking yards and terminalsC I ,.Waste Management..._......_...�...._.�.._�..�_....��.�. �. �.... �_.. ._... �_vn.... Hazardous waste transfer, C See hazardous waste management plan storage, treatment and I recycling standards. ..recovery and Resource C recycling Solid waste management C' See Chapter 10.72 (collection, disposal) Transfer stations Wholesale and distributionI P _ .... P P ............. p _ V Offices and Related Uses .m... _.a ....... ... W .w._a._ Financial services and institutions . ..... . .... ..... Banks p *Ifleeating .;ihln a spas., or j �indttstrial use ' .l use�vlit 1 i111e tn perinit rn11• .,., ..�...._._.....................�.....,..._.,.,....�.....,,...., wpm.....,. �............,. ......... ......-.................,,.. «..-...«..x A-11 .. Types of Land Use _ I LI/O I`CCl/O LMU jAdditional Use Regulations Ito review ty-affie intensifi Check-cashings CZ Foreign currency exchange �tdelete*] P* * P* and/or delivery services et/ [delete **] de •p Equi ment rental business Savings and loan institutions [delete **], Medical services (medical, !Glass and window stores �tdelete delet/ a ** delet* ] dental and health-related * ]I[ ]I[ services, with sale of articles P clearly incidental to the services [delete **] [delete **] alnt Stores mmn XJ W (delete provided) **] elet` Clinics�� ..............r W.,.. E� ...w....w � �...._..�..�.� _r.......W�_...._ u.�.,N_m Laboratories C C 11C 11C Offices, medical IC* C C IIC* I*5,000 sq. ft. or less. IOffices, general..m........,_.............w................................. C* iIC** IIC IC* I*5,000 sq. ft. or less. delete **] **] Locksmi th shop IP **See Section 14.16.150 BO( 2) Commercial Uses Printing shops IP ,IP 11p Animal care........facciliili .w.......w.. a ties (with or CZ CZ CZ CZ* *without exterior kemlels, pens or runs without exterior kennels, pens (see MuniciU_ al Code 10.24) or runs) Building materials and supplies Brick, gravel, rock, concrete, P*9--* P*Akt P*{tt P* *See Outdoor storage. lumber, tile sales [delete **] [delete **]' [delete **] "If locating withinspaee its. p indu.sural use, a permit is-equired-to Electrical supply stores pP Y �tdelete*] Pe a **]' * P* et/ [delete **] de •p Equi ment rental business �Ie'l'ete p**] [delete **], [delete **] !Glass and window stores �tdelete delet/ a ** delet* ] p* * ]I[ ]I[ Hardware stores P [ delete **] [delete **] [delete **] alnt Stores mmn XJ W (delete �I'd a **]!delet **] elet` g supply stores (and P* P* ** P* ancillary service) IP*!� [delete **] [delete **] [delete **] Business sales and service I I I I Blueprint and photocopy shops Pie Pe e P ....�...... _.. [delet**] delete **] **] Locksmi th shop IP 1Ip IIP Printing shops IP ,IP 11p ►_aiYA Types of Land Use Card rooms Coffee roasters Food and beverage establishments (Brew pubs Cocktail lounges Fast food restaurants Food service establishment, high volume Food service establishment (with or without incidental service of beer or wine) and without a cocktail lounge, live entertainment, or dancing ..__._ ..._ ...........� [(1) 1,000 sq. ft. or less in size (2) More than 1,000 sq. ft. in size Food service establishment, with a cocktail lounge, live entertainment and/or dancing Outdoor eating areas [Food and beverage stores Bakeries (with ancillary food service 1,000 sq. ft. or less in size) (1) Retail �(2) Wholesale P P P P Maintenance and repair services ppliance repair IP* IP* IP* IP* *See Outdoor storage. Building maintenance services IP* IP* IP* I I P* Furniture upholstery IP* IP* P* IP* General contractorsP P P P ...- ............. Motor vehicle�.�_......_.. W.........._. �... __......... sales and service including automobiles, motorcycles, trailers, trucks and II LI/O [CCI/O7 LMU-g Additional Use Regulations IC I I I See Chapter 10.36. 1 P P P C IC IC IC II .....��.�. J IC IC 1 11 IC IC Ic-z ............. �C C 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. A-13 Types of Land Use recreational vehicles Auto detailing Coin -op washing Gasoline stations (including mini -markets, and minor repair, such as tune-ups, brakes, batteries, tires and mufflers) Rentals Repairs, major (engine work, painting, body work) Repairs, minor (tune-ups, brakes, batteries, tires, mufflers, upholstery) (Sales, new or used vehicles Sales, parts and supplies II ILI/O CCI/O JILMU IlAdditional Use Regulations P ICZ ICZ JC Ic Ic Ic t____ C C C See Chapter 14.16 regulations® For repair, see Chapter 14,17 standards. IP JIP 1IP _ IP JA ��A �CZ See Chapter 14.17 standards, A A IA CZ See Chapter 14,17 standards. C/CZ* C/CZ* IC/CZE` IC/CZ* 11*F°or sales offive ve or fewer cars, P� PI P P &49ecating within a space with p—rief ` [delete *] [delete *] [delete industrial use, a Lis^ p'un't is roquired to revicw traffic nztennsificati-o6 ITowing businesses IC I C I IQ ISee Chapter 10.84 Wrecking yards IC I I I ISee Chapter 10,52 Music rehearsal/recording P �Cz �Cz ICZ— studios (Outdoor storage ICZ ICZ JCZ ICZ IPersonal service establishments 11 1 11 11 1 Artistic and photographic P P studios, without sale of equipment or supplies (Barber shops/beauty salons 1P P I I Dry cleaning establishments P P with or without on-site processing facilities Retail I I I IDrug stores and pharmacies I IC I J II Florist I IC I Specialty retail, region -serving I { lIC 1I 1I Public and Quasi -Public Uses I 11 ll 11 I Clubs and lodges, including 11C IIC IIQ (youth groups Public facilities MI Types of Land Use . ..w..._.... -FI . LI/6 4C66O j LMU Additional Use Regulations Administrative offices IC* IP IP FP_*5,000 sq. ft. or less. Da services center Ic Ic C Job center C C C Public and utility facilities C C C C (corporation, maintenance or storage yards, utility distribution facilities, etc.) Public es other (police, P P P facilities, _ ..._ P�_._._. fire, paramedics, post office, etc.) Public parks, playgrounds andI C 11 recreation facilities Religious institutions IIC IC IC Schools..��.��..__.......�.._�_...._�......._..w_............._..�...� Parochial, private IC 11 IIC Public......_.r... w..._..� .._..�. _ . �...�. _.._... I I IP Business tradeerformi g arts, s, _ p n ICZ ICZ ��Cz CZ vocational ...... Residential, Day Care and Visitor Accommodation Uses Live/Work Quarters ction artery ), Caretaker's residence C'Z12u4µry ...�...................................... Day care centers _el.ters. �CZ_..�....�....��'?�.._.�__.��CZ __..._.���, _..._.....,�_..._ ...... .... ....... ..... �..............._._ Emerge,,,........... ncy shthe for homeless Permanent Ic �C Rotating or temporary �................_... Hotels or motelsI IC Ic 11 Transportation facilities _..........._...w ... IBus stations .�__. C ._ry C C I IHeliport , Park and ride facilities CZ ...... .... .... _._ CZ CZ �Parking facilities, commercial .............. _...... CZ......... or public Taxi stations .__. �. �.�.. m .............._ CC_... I�� C I [See ...........�......_.._..._......... Chapter 1417.100Cf 91 ( Live/Work 10.60 dTypes of Land Use Transit ........ Cmm_.._ ............. W. .w...w. _._ .m stations or transitways ... Temporary Uses Temporary uses Accessory Structures and Uses Accessory structures and uses customarily incidental and contained on the same site II ILI/O CCI/O [LMU Additional Use Regulations IC F— _. �A See Chapter 14.17 standards. P P P l' See Chapter 14.16 regulations. A-16 Table 14.06.030 -- Property development standards (I, LI/O, CCI/O, LM U) is hereby amended as follows: (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10'). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6') wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) 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. (D) In the LI/O and CCl/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for develoument facing Lindaro Street, and; in the I district, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, T :,,aaFe ",.e mie, Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10') of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam AvenueBoulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions. (I) In the LI/O district, a minimum twenty feet (20') of the front setback must be landscaped. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). A-17 �I Ll/OCCUO LMU Additional Standards Minimum lot areas ft) 1'6",'0'00_--F6_,066 6,000 6,000 { Minimum lot wi) dth ( ft. 60 _ .m~�� �_ 160 60 00 I(m ..._.�.............._..��_�_.w_.._.._ww.......M__�........�._.�_8�,f�..,.....m..,....___�__._..........�..�._........�.._,I Minimum yards: Front (ft.) ��.���._..�.....m_....._......._ �20 .__....... INR (A) Side (ft.) NR 10—or-266 NR INR A IRear (ft.) INR .w... m. r10 NR INR I(A),(B) ,Maximum "height of structure 36 36 36.....m ............._.. _. _ 36 {�} (C) Maximum lot coverage INR INRNR NR Minimum landscaping I10% 20% 10% 100/, (D), (E), (F), (G), (H), (I) (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10'). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6') wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) 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. (D) In the LI/O and CCl/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for develoument facing Lindaro Street, and; in the I district, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, T :,,aaFe ",.e mie, Andersen Drive and DuBois Street. (E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10') of buffer landscaping must be provided. (F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam AvenueBoulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions. (I) In the LI/O district, a minimum twenty feet (20') of the front setback must be landscaped. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). A-17 Section 14.07.030 -- Property development regulations is hereby amended as follows: A.... [no changes] E. Trip A! oeations, in tr-affie sensitive afeas of the eity (see Seetion 14.16.160, Speeifie areas feF floof afea Fatie limits and trip alleeations map), pi-oposed develepmeflt shall be limited b tripsall „+oa to the l ' et err the genet -a! „t „ i., c� c ate- grip ua,vcaaaa.0 aa, a�ie uiiajv �, o #ion 11.1 , a4eea ions, and Chapter- , x.76, Trip D-ormits, fe ional infefma4ien.. Section 14.08.010 -- Specific purposes is hereby amended as follows: In addition to the general purposes listed in Section 14.01.030, the specific purposes of the marine district (M) include the following: A. To promote the canal as a navigable waterway and viable boating/maritime district; B. To preserve limited canal -front sites for water -frontage -dependent uses in order to maintain the canal as a viable maritime/boating district; C. To provide site opportunities for marine -related businesses which may benefit from proximity to water -frontage -dependent businesses and contribute to the maritime character of the district; D. To provide site opportunities for canal -front parks and marine -related recreation; E. To allow residential and non -marine related office uses on the second floor or above of a mixed-use Uroiect • -4ie-maFine distrk4&4ei=0 be cnc aae4it-nen fe44s is sesand ether H-�- 414 -eh are...net�+ �_ja4e,I which 'w fe,i.n...t.he-t,44y; F. To promote building design sensitive to waterfront locations; G. To promote public access along the waterfront. in aa;+;,,., to the , fal purposes listed ' c +' 14.01.030, a tl c ,narin. uses -au uuuiaav listed above, H. To allow site opportunities for shopping retail, hotels and restaurants which promote public access to the canal. (Ord. 1625 § 1 (part), 1992). (Ord. 1625 § 1 (part), 1992). Table 14.08.020: Land use regulations (M) [partial listing] is hereby amended as follows: Type of Land Use Marine Uses �IM Boat building and repair IC Boat sales and rentals IP Charter boat businesses _.. _._...w IP Clubs and lodges, including youth groups, with a marine focus or purpose (boating, fishing, study of marine biology, etc.) Contractor' .... ...... s shops related to marine activities, including welding, small machinery repair and marine engine repair quipment rentals related to boating, fishing, etc. IFish and bait sales, retail C C'z n1Additional Use Regulations FP- �I n A-18 Type of Land Use Indoors �.. ....o ...._.._....... ...._.� Outd ors Fishing enterprises, commercial and/or recreational, including support facilities (hoist, ice plant, storage, packing and sales area and related offices) Fishing supply stores, including bait and stores _.._.._.m._... ._. _ .............. Fuel yards strictly for boats__ Marinas, including boat slips, offices (sales, management, etc.), harbor, clubhouse, marine - related retail and support services (restrooms, showers, laundry, caretaker's residence, pump - outs, etc.) Marine electronics: sales, manufacturing, assembly, testing or repairs (including electrical, electromechanical or electronic equipment, or systems related to harbor or marine activities) Marine industry sales, including boat machinery, parts and incidental hardware Marine supply stores Marine testing laboratories, research and development facilities Museum, marine. ..................... �._.....�..�............._.. ..........�_..........._ -related Offices, business .11 su ort for marine i pp ndu1. stry, including security Parks with marine recreational features or concessions Schools, sailing, boating, etc. (................... �e....boat (we y) _......... � .......y W._...__.w.�._ 1 dr Storage, or....m.�...�............._.......�_�.�,_.m_._..�_��.__...._...... Warehousing, strictly for storage of boats, boat trailers and fishing gear Yacht clubs Commercial Food and beverage service establishments Cocktail lounges Food service establishments (with or without incidental serving of beer or wine) and without a cocktail lounge, live entertainment and/or dancing 107 IP IC C C (Additional Use Regulations ..... �.� n... _.. � m...._......_...u_..�_...�._� C Ca P ...W..._ l� ._.. - — — ................_ ._ 'P _..._._m.........._._ P ...... ...... ...__. ,.. _.............. ....... P P �p... � � _.w .... ................ C C" ICI A-19 IType of Land Use IM =M4G jAdditional Use Regulations I(l) 1,000 sq. ft. or less in sizei IC 1c I 1(2) More than 1,000 sq. ft. in size __IIC I C- I service establishments with a cocktail 11C IC- II Residential and Visitor Accommodation (Food lounge, live entertainment and/or dancing Allowed on the second floor or Uses Outdoor eating areas A A For outdoor eating areas on IEmerRencv shelters for the homeless private property see Section ITemporary 14,17° 110 standards. For F -I Nome Occupations outdoor seating areas located on COCCLIDations) city sidewalks or rights-of-way, �A 14.17.100(09 (Live/Work see Section 14.16.277 standards. ( Retail and Office Uses lResidential care facilities for the Retail and administrative, business and P/C/Al' *See General Commercial mofessional Office uses listed as permitted or Idistrict for permitted and subiect to use nermit in General Commercial conditional retail and office district uses. Non -marine related office use allowed on second floor or above in a mixed-use building. Shopping eentei-s (all uses listed as pej-mitted G sul�eet to ase penni! appfeval in general 031:imorsial distr-iet afe pefmitted in shopping eentel-s) IPublic and Quasi -Public Uses IPublic utility facilities 11C IC- II Residential and Visitor Accommodation Allowed on the second floor or Uses above in a mixed-use oroiect. IMultifamily residential IEmerRencv shelters for the homeless jPennanent ITemporary IQ F -I Nome Occupations See 14.16.220 (Home COCCLIDations) Live/Work ouarters �A 14.17.100(09 (Live/Work jQSee uarters reRulations) lResidential care facilities for the Ihandicapped Small (0-6 residents) Ip F- I ILars4e (7 or more residents) (Residential care facilities, other ISinall (0-6 residents) . .... . ...... K&W [T'ype of Land Use . . .... ....... Lar --e (7 or more residents) Koqmjmlg. 0�-. bg4roill." houses, ICaretaker's residence IHotels or motels ITransportation Facilities J"Park and ride" facilities �Parking -fac"i"li'tie"s,'p'ubl'i'c', Temporary . I.. Uses ...... . .... Temporary uses Accessory Uses and Structures FM F — : Ai - " — -- 67�Additional Use Regulations Ic F—I C See 14.17.10008 (Boarding House regulations). Allowed on the second floor or above in a mixed-use Droiect. cz F 'y -I IC Fc-- I I I I Icz JGz I Icz Icz I IA See Chapter 14.17 standards. Accessory uses and structures customarily P P See Chapter 14.16 regulations. incidental to a permitted use and contained on the same site Table 14.08.030 Property development standards (M-,40 Q is hereby amended as follows: (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. Lower height may be required consistent with the canalfront review overlay district, Chapter 14.15. A-21 IM IMG �Additional Standards IMinimum lot area (sq. ft.) 16,000 ]&," I IMinimum lot area/dwellin.p- unit (sit 12,000 111 IMinimum lot width (ft.) 1160 160 11 IMinimum yards: .1 1 1 (Front (ft.) -INR JINR I(A) (Side (ft.) INR INR I(A) IRear (ft.) INR 'INR I(A) Imaximum height of structure (ft.) 136 1 L-36 :1 I(B), (C), (D) IMinimum landscaping 110% "O JI(E) JUsable outdoor area 1 11 1 IM (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. Lower height may be required consistent with the canalfront review overlay district, Chapter 14.15. A-21 (C) 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. (D) Hotels have a four (4) story height limit. A five (5) story height may be approved as part of an environmental and design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (F) Provision of usable outdoor arca is encouraged in residential development as part of a mixed- use proiect. Section 14.09.010 -- Specific purposes is hereby amended as follows: ... [no changes] A. To provide sites for governmental, educational, public safety, public utility, residential and public transportation facilities. B. [no changes] Table 14.09.020 -- Land use regulations (P/QP). [partial listing] is hereby as follows: [Type Land Use Residential Uses (Single-family residential ...................... IDuplex..._......................._...._...W...._... residential Multifamily residential pRooming or boarding houses Home occupations Live/work quarters [are faci lities for the handicapped Small ( 0--6 residents) [Large (7 or more residents) Residential care facilities. other Small (0--6 residents) Large (7 or more residents) Rooming .or.� boarding_, houses Family day care Small (0--6 children or adults) Large (7--12 children P/QP Additional Use Regulations 1 ...... _.... C .......... .... .........� .._.... ..._ ._.n...__ .__._ See Chapter 14.17 standards. C Fsee Chapter 14.17 standards. _. —eChapter 14.17 standards. ISee Chapter 14.16 standards. A See Chapter 14.17 standards. P ...... _.... A See Chapter 14.17 standards. _.�,__....._._........._..._..... P ..�......� �........ ...._µ. �.�.. �...__ �_LL_A _ � � � standards. See Chapter 14.M17 s Large (7--12 adults) IC ISee Chapter 14.17 standards. Table 14.09.030 -- Property development standards (P/QP). [partial listing] is hereby amended as follows: (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (C) 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 stories. (D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. A-23 --- Additional _.... �� Standards Minimum lot area (sq. ft.) NR Minimum Lot Area/dwelling unit (sci. ft.) F=1800 Minimum lot width...(Sq .. ft)........w......._..................._._...........__, �.... ..,_........... ..... ......................,...........a...._........m...�_..- yards: Minimum ards: I .....W......� ........... �......................... Front (ft.) NR I(A) ..... _.... ......._. ..................................w. Side (ft.) INR(A) Rear (ft.) NR A Maximum height of structure (ft.) 36 (B), (C) ....w............ Maximum lot coverage �..�...m�_...,....�.,.m.�. _ NR � Minimum landscapin........................_..�.._.__..._........_............m......��...m..... (A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10'). (B) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter 14.24, Exceptions. (C) 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 stories. (D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. A-23 Section 14.16.030 — Affordable Housing Requirement is hereby amended to read as follows: 14.16.030 Affordable housing requirement. A. Purpose. The purpose of this Section is to enhance the public welfare and ensure that further residential and non-residential development projects within the City contribute to the attainment of affordable housing goals and requirements by promoting and increasing, through actual construction and/or alternative equivalent actions as provided for in this Section, the development of rental and ownership housing units for very -low, low, and moderate income households. B. General Requirements —Residential development projects. Any new residential development project with dwelling units intended or designed for permanent occupancy shall be developed to provide affordable housing units to very -low, low, and moderate income households in perpetuity unless, in its sole discretion and upon a finding of need pursuant to Section 14.16.030(E), the City Council reduces the time frame to not less than forty (40) years. 1. Exemptions. This provision shall be imposed on all residential development projects except that the following shall be exempt from the provisions of this Section: a. Projects that are the subject of development agreements in effect with the City and approved prior to [the effective date of the City Council ordinance]; b. Projects where a building permit application has been accepted as complete by the City prior to [the effective date of the City Council ordinance]; however, any extension or modification of such approval or permit after such date shall not be exempt; c. Any building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt square footage of the residential portion of the building does not increase upon reconstruction; d. Any residential development project of four (4) or fewer units in a single structure; e. Any residential development project of four (4) or fewer units where the square footage of the floor area of each unit, exclusive of garage, is less than 1,800 square feet; and f. Second units approved by the City of San Rafael pursuant to Section 14.16.285 of the San Rafael Municipal Code. 2. Affordable Housing Units — Percentage Required. Residential development projects shall provide affordable housing units as follows: Project Size Percentage of Affordable Housing Units 2-10 Housing Units* 10% 11-20 Housing Units 15% 21 or more Housing Units 20% * See exemptions listed in Section 14.16.030(B)(1) Where the required percentage of affordable housing units results in a fractional unit, or a combination of affordable housing units and fractional units, the developer shall provide the following: A-24 a. Pay an in -lieu fee for the fractional unit below 0.5 unit; b. Construct the next higher whole number of affordable housing units for a fractional unit 0.5 and above; or c. Perform an "alternative equivalent action" subject to review and approval by the City Council in accordance with Section 14.16.030G. 3. Location and Tvpe of Affordable Housing Units. Affordable housing units shall be dispersed throughout the residential development project. Units may be clustered within the residential project when the City determines that such clustering furthers affordable housing opportunities. The affordable housing units shall be of a similar mix and type to that of the residential development project as a whole, including but not limited to: a. The same or substantially similar mix of unit size (e.g. number of bedrooms, square footage); b. Compatibility with the design, materials, amenities, and appearance of the other developed units; 4. Timing of Construction. All affordable housing units shall be constructed prior to or concurrent with the construction of market rate housing units unless the City Council, in its sole discretion, determines an alternative construction schedule will further the goal of affordable housing in the City. C. Requirements for Residential Ownership Housing Developments. A minimum of fifty percent (50%) of all affordable housing units developed pursuant to Section 14.16.030 (B), and that are a part of or are included in a residential development project in which the developed dwelling units are intended for sale, shall be affordable to low-income households, at an affordable sales price, as defined in this Title and as, from time to time, may be amended by Resolution of the City Council. The remaining affordable housing units shall be affordable to moderate income households at an affordable sales price. In the event that an odd number of units are required the additional unit shall be affordable to low-income households. D. Requirements for Residential Rental Housing Developments. A minimum of fifty percent (50%) of all affordable housing units developed pursuant to Section 14.16.030 (B) of this Section, and that are part of or included in a residential development project in which the developed units are intended to be used as rental housing, shall have rents that do not exceed the affordable monthly rent of very -low income households, as those terms are defined in this Title and as, from time to time, may be amended by Resolution of the City Council. The remaining affordable housing units shall have rents that do not exceed the affordable monthly rent of low income households, as defined in this Title. In the event that an odd number of units are required the additional unit shall be affordable to very -low income households. E. Initial Occupancy, Control of Resale and Continued Affordability of Affordable Housing Units in Residential Development Projects. Prior to the issuance of certificates of occupancy or the final inspection for any units in a qualifying project, all regulatory agreements and, if the affordable housing units are owner -occupied, resale restrictions, deeds of trust, and/or other documents as may be required and approved by the City Council, shall be recorded by the City, or its agent, against all parcels having such affordable housing units and shall be effective in perpetuity; except that, in its sole discretion and upon a finding of financial need or A-25 infeasibility, the City Council may reduce the affordability time frame to not less than forty (40) years. 1. Ownership Units. Notwithstanding any other provision of this Section, the following conditions and/or restrictions shall apply to housing units developed for ownership: a. The maximum sales price permitted for resale of an affordable housing unit intended for owner -occupancy shall be limited to the amount provided in the Resale Restrictions and Option to Purchase Agreement between the owner of the affordable unit and the City or its designee, entered into prior to issuance of any building permits for the project. b. The City shall have first right to purchase, or assign its right to purchase, such affordable unit(s) at the maximum price that could be charged to an eligible household, as set forth in the Resale Restrictions and Option to Purchase Agreement between the owner and the City or its designee. No purchase and/or sale transaction(s) for owner -occupied affordable housing units shall be permitted without express approval by the City or its designee of the purchasing household's eligibility. Nothing in this Section shall prohibit the sale and/or purchase of an owner -occupied affordable housing unit if the City fails to make a determination of household eligibility within the time or other limits provided by the regulatory agreements or resale restrictions. 2. Rental Units. The owner of a property developed for rental occupancy under the provisions of this Section ("the property owner"), or the property owner's designee, shall be responsible for selecting qualified tenants pursuant to the regulatory agreement entered into by and between the property owner and the City. The property owner or the designee shall provide annual reports to the City or its designee containing information on the rent charged for the affordable unit and the tenant eligibility as set forth in the regulatory agreement. F. In -Lieu Fees for Residential Development. At the discretion of the City Council, a developer may comply with this Section by paying an in -lieu fee provided that the applicant establishes financial need or infeasibility, and that the City Council makes a determination that payment by the developer of the in -lieu fee will further the affordable housing goals of the City in a manner and/or in an amount at least equivalent to the requirements of Section 14.16.030(B). Where the application of the affordable housing requirement in Section 14.16.030(B) results in less than one unit or one or more affordable housing units and a fractional unit, the developer may choose to pay an in -lieu fee for the fractional unit without the required findings noted above. In -lieu fees for residential projects shall be calculated as a percentage of the projected construction costs of the units. Construction costs of the units shall mean the estimated cost per square foot of construction , site development and land costs and permits and fees, as established by standard construction cost indices and/or surveys of local development projects. The amounts and calculation of the housing in -lieu fee shall be established by Resolution of the City Council as amended from time to time. Unless otherwise preempted by law or as otherwise A-26 approved by the Planning Commission or City Council, the in -lieu fee shall be paid prior to the issuance of a building permit for the proposed project. G. Alternative Equivalent Action. The developer of a residential project may propose to meet the requirement of Section 14.16.030(B) by an "alternative equivalent action," which shall be subject to review and approval by the City Council. A proposal for an alternative equivalent action may include, but is not limited to, dedication of vacant land, the construction of affordable housing units on another site, or other actions that the City Council, in its sole discretion, determines may further the affordable housing goals of the City in a manner and/or in an amount at least equivalent to the requirements of Section 14.16.030(B). H. Concessions or Incentives for Residential Development Projects. 1. Density Bonus. a. Pursuant to California Government Code Section 65915, the City shall grant either a density bonus, or a density bonus with an additional concession or incentive, to a developer of a residential development project who agrees to provide any of the following: i. Twenty percent (20%) of the total units of a residential housing development as target units affordable to lower income households, as defined in Section 50079.5 of the California Health and Safety Code; ii. Ten percent (10%) of the total units of a residential housing development as target units affordable to very low income households, as defined in Section 50105 of the California Health & Safety Code; iii. Fifty percent (50%) of the total dwelling units of a residential housing development as target units affordable to qualifying residents, as defined in Section 51.3 of the California Civil Code; iv. Twenty percent (20%) of the total dwelling units in a condominium project as defined in subdivision (f) of Section 1351 of the California Civil Code as target units affordable to persons or families of moderate income, as defined in Section 50093 of the Health and Safety Code. For purposes of this Section, additional concessions or incentives shall mean those concessions or incentives available pursuant to Section 14.16.030(H)(2). b. The density bonus granted herein shall be an increase of at least twenty-five percent (25%) of the maximum allowable density for the specific zoning range applicable to the project under the City's Zoning Ordinance and General Plan, except that the developer of a residential housing development that qualifies for a density bonus pursuant to this Section may elect a density increase of less than twenty-five percent (25%) or decline the density increase in its entirety. The density bonus units shall not be included in determining the total number of target units in the development. c. The City may, at its sole discretion, grant a density increase of more than twenty-five percent (25%) where the developer of a residential housing development agrees to construct a greater number of affordable housing units than required by Section 14. 16.030(B)(2) and necessary to qualify for the density increase under Section 14.16.030(H)(1)(a). If a density increase of more than twenty-five percent (25%) is granted by the City and accepted by the developer, the additional density increase shall be considered an additional concession or incentive as required by Section 14.16.030(H)(1)(a). A-27 d. The City shall grant an additional concession or incentive, in addition to a density bonus, to qualifying residential housing developments unless the City makes written findings, based upon substantial evidence, sufficient to satisfy the requirements of California Government Code Section 65915(d) excusing such grant. 2. The following concessions and incentives for residential housing developments shall be available to those projects qualifying for additional concessions or incentives pursuant to Section 14.16.030(H)(1) and, except where otherwise indicated, to other residential housing developments at the discretion of the City Council. a. Processing Incentives. i. Applications that include provision for affordable housing units shall receive prioritized processing over other types of development applications. ii. Applications that include provision for affordable housing units in excess of the minimum requirements of this Section shall be deemed Priority Projects under the City's Project Selection Process. b. Financial Incentives. i. Planning and building permit application fees for affordable units, based on their proportion to total units within the development project, may be waived upon request, as established by Resolution of the City Council. ii. The City Council may consider, on a case-by-case basis and in its sole discretion, the provision of direct financial assistance in the form of a loan or grant, using funds from the Housing In -Lieu Fee Fund or other appropriate available funds, for the provision of affordable housing units in excess of the minimum requirements of this Section. iii. For affordable ownership units, the City and the developer shall enter into a Below Market Rate Housing Agreement setting forth the rights and responsibilities of each party, the formula for calculating the sales price of the unit(s), the process and criteria for selecting eligible applicants, and other relevant information as determined by the Community Development Director. The City of San Rafael and/or its designee shall assume the responsibility for processing applications and certifying the eligibility of low and moderate -income applicants pursuant to the Below Market Rate Housing Agreement. In the event a unit remains unsold at the end of 120 days following issuance of a Certificate of Occupancy, the City or its designee may, at its sole discretion, agree to purchase the unit from the developer at the sales price set forth in the Below Market Rate Housing Agreement. c. Regulatory Incentives. The Planning Commission or City Council may consider, and grant, on a case-by-case basis, and in its sole discretion, the waiver or modification of development regulations contained in the Zoning Ordinance and/or in the General Plan which the applicant can demonstrate in writing has: i. A direct impact on reducing total project costs; ii. Is necessary for the feasibility of the project; iii. Meets requirements of applicable Building and Safety codes; and iv. Does not negatively impact surrounding land uses and/or the natural environment. A-28 d. Technical Assistance. The City, through its departments, including Economic Development and Community Development, other agencies and/or designated consultants shall provide technical assistance to applicants developing affordable housing. I. General Requirements - Non -Residential Development Projects. Annlication. An affordable housing requirement is hereby imposed on all developers of non-residential development projects, including all construction of additional square footage to existing non-residential developments, subject to the following exceptions: a. Any project under 5,000 square feet; b. Residential components of a mixed use project, which shall be subject to the requirements of Section 14.16.030(B); c. A mixed use project where the number of affordable units equals or exceeds the housing required by Section 14.16.060 (I) (2) for the gross square footage of nonresidential uses; d. Projects where a building permit application has been accepted as complete by the City prior to [effective date of Council adoption of this ordinance]; however, any extension or modification of such approval or permit after such date shall not be exempt; e. Projects that are the subject of Development Agreements in effect with the City and approved prior to [effective date of Council adoption of this ordinance] where such agreements specifically preclude the City from requiring compliance with this type of affordable housing program; f. Any non-residential building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt square footage of the non-residential portion of the building does not increase upon reconstruction; g. Projects for which no nexus can be established between the proposed non-residential development and an increase in the demand for affordable housing. 2. Number of Affordable Housing Units Reauired. Proposed nonresidential development projects shall provide twenty (20%) percent of the total number of residential units needed to provide housing for project employees in very -low, low and moderate income households, as set forth in Table 14.16.030. For uses not listed in Table 14.16.030, the Community Development Director shall determine the number of affordable housing units required based on comparable employment densities to uses listed. In making such a determination, the decision of the Community Development Director shall be based on data concerning anticipated employee density for the proposed project submitted by the applicant, employment surveys or other research on similar uses submitted by the applicant or independent research, and/or such other data the Director determines relevant. A-29