§ 14.12

In addition to the general purposes listed in Section 14.01.030, the purposes of the hillside development overlay district include the following:

A.

To protect public health and safety by minimizing hazards, including seismic and landslide risks, soil erosion and fire danger associated with development on steep and/or unstable slopes;

B.

To encourage preservation of natural hillside features;

C.

To ensure adequate emergency access by providing on-site parking;

D.

To implement the residential site design policies of the general plan and the Hillside Residential Design Guidelines Manual.

(Ord. 1625 § 1 (part), 1992).

14.12.020 - Criteria for establishment of hillside development overlay district.

A.

These regulations shall apply to all lots with an average slope of twenty-five percent (25%) or greater, or located in the hillside resource residential or hillside residential general plan land use designations. The hillside development overlay district on the zoning map is placed on those lots which are in the hillside resource residential or hillside residential general plan land use districts.

B.

Lots with an average slope greater than twenty-five percent (25%) not shown in the hillside development overlay district are presumed to exist in the city and are protected under all of the terms and provisions of this chapter. Development on such lots requires compliance with the requirements of the hillside development overlay district, except that such lots need not be rezoned to the hillside development overlay designations.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 35, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

Development standards shall be those of the underlying zoning district with which a hillside development overlay district is combined, provided that the following shall be in addition and shall govern where conflicts arise, except for subsection G, lot standards, where the lot size standard of the underlying zoning district applies when more restrictive than the subdivision ordinance. Subsections B, F, G, and I shall not apply to SB 9 Housing Developments (regulated by Section 14.15.282) or urban lot splits (regulated by Chapter 15.155—Urban Lot Splits).

A.

Building Stepback. A building stepback is established to limit the height of structures to avoid excessive building bulk. The required stepback shall be follows:

1.

On any downhill slope a twenty-foot (20′) height limit measured from existing grade shall be observed. This height limit shall be construed to mean that wall planes shall be broken into single wall heights of no more than twenty feet (20′) beyond which a stepback of at least five feet (5′) is required, unless otherwise determined through the environmental and design review permit process. Regardless, the maximum overall building height shall not exceed the height allowed by the zoning district.

2.

On non-downhill slope, walls facing front and side property lines shall have a twenty-foot (20′) height limit measured from existing grade shall be observed within all areas within fifteen feet (15′) of the maximum building envelope limit. To allow for design flexibility on non-downhill slopes, an encroachment into the street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the building length.

Note: Please refer to the San Rafael Hillside Design Guidelines for examples.

B.

Setbacks. Structures may encroach into a required yard or setback for a distance of not more than one-half (½) of the required yard or setback provided that the decrease minimizes the impact of hillside development and grading, subject to approval by the hearing body of an environmental and design review permit. If such a reduction is granted, a compensating increase in setback is required in the opposing setback, i.e., a fivefoot reduction in a front yard setback would increase the rear yard setback by five feet (5').

C.

Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural state. This standard may be waived or reduced for lots zoned PD (planned district) or developed with clustered development, subject to approval by the hearing body. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation.

D.

Gross Building Square Footage. The maximum permitted gross building square footage of all structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum gross square footage set at six thousand five hundred (6,500) square feet. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation.

E.

Ridgeline Development. Development of new structures within one hundred (100) vertical feet of a visually significant ridgeline, as shown on the community design map of the general plan, is prohibited unless this restriction precludes all reasonable economic use of the property. Exception: an exception to the ridgeline regulation may be granted if the decision-making body makes the findings that:

1.

There are no site development alternatives which avoid ridgeline development;

2.

The density has been reduced to the minimum allowed by the general plan land use designation density range;

3.

No new subdivision lots are created which will result in ridgeline development; and

4.

The proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the visual impacts of the development, as viewed from all public viewing areas.

ILLUSTRATION 14.12.030

==> picture [475 x 237] intentionally omitted <==

F.

Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2) additional onsite parking spaces shall be provided (not on the driveway apron) for single-family residential development. These spaces should be conveniently placed relative to the dwelling unit which they predominately serve. This requirement may be waived or reduced by the hearing body when deemed appropriate or necessary to reduce the need for excessive grading or tree removal, and suitable off-site parking is determined to be available. Further, vehicles should not be allowed to back-out onto a street less than twenty-six feet (26') wide unless approved by the hearing body as necessary to reduce the need for excessive grading or tree removal, or lessen driveway slope, and adequate sight distance, maneuvering area, driveway area, and backup space (which may include paved right-of-way) are provided to facilitate safe and efficient vehicle ingress/egress, as recommended by the public works department, fire marshal and community development director. Driveway and maneuvering areas shall consist of suitable all-weather pavement or permeable hardscape surface approved by the city.

G.

Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject to the slope tables established under Chapter 15.07 of the subdivision ordinance.

H.

Street and Driveways. New street and driveway grades shall not exceed eighteen percent (18%) unless an exception has been granted by the hearing body, and the design has been recommended by the public works director and fire marshal to allow a driveway or street slope up to a maximum twenty-five percent (25%) grade. Streets and driveways with slopes over fifteen percent (15%) shall be a permanent, durable, non-asphalt hardscape surface. Streets and driveways with slopes over eighteen percent (18%) shall have grooves/scoring for traction. A suitable transition shall be provided at the street and driveway apron to allow vehicles to safely transition to/from roadways and parking areas, as recommended by the department of public works. Further, the design of the driveway apron at the garage shall be subject to review and

recommendation from the department of public works to ensure safe and efficient vehicle ingress and egress.

I.

Design Review Requirement. An environmental and design review permit may be required, consistent with the requirements of Chapter 14.25, Environmental and Design Review Permits. All applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual.

(Ord. 1838 § 29, 2005; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, §§ 36—38, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964, § 2(Exh. B) § 10, 11-19-2018; Ord. No. 2013, § 4, 8-1-2022; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

14.12.040 - Exceptions to property development standards.

City Council Exception Required. Exceptions to the property development standards of this chapter may be approved by the city council when the applicant has demonstrated that alternative design concepts carry out the objectives of this chapter and are consistent with the general plan based on the following criteria:

A.

The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and

B.

Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures.

This section shall not apply to SB 9 Housing Developments (regulated by Section 14.15.282) or urban lot splits (regulated by Chapter 15.155—Urban Lot Splits).

(Ord. 1663 § 1 (part), 1994).

(Ord. No. 1882, Exh. A, § 39, 6-21-2010; Ord. No. 2013, § 4, 8-1-2022; Ord. No. 2039, § 3(Exh. B), 7-152024)

Chapter 14.13 - WETLAND OVERLAY DISTRICT (-WO)