§ 14.25

Environmental and design review implements general plan policies concerning the environment and design by guiding the location, functions and appearance of development. The key environmental and design goal of the city is to respect and protect the natural environment and assure that development is harmoniously integrated with the existing qualities of the city. The purposes of environmental and design review are to:

A.

First and foremost, maintain a proper balance between development and the natural environment;

B.

Ensure that the location, design and materials and colors of development blends with and enhances the natural setting;

C.

Maintain and improve the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the city;

D.

Preserve balance and harmony within neighborhoods;

E.

Promote design excellence by encouraging creative design and the innovative use of materials and methods and techniques;

F.

Preserve and enhance views from other buildings and public property;

G.

Ensure the right to make residential additions and modifications which minimize the impact on adjacent residences and which are designed to be compatible with the existing residence and neighborhood.

H.

Ensure superior urban design and the protection of historic resources in the downtown mixed use district, as stipulated in and promoted by the vision of the Downtown San Rafael Precise Plan and Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. A, 10.1), 8-16-2021)

The planning commission, zoning administrator or community development director shall approve, conditionally approve or deny applications for environmental and design review permits. This authority is

identified as follows:

A.

Major Environmental and Design Review Permit. The planning commission shall make determinations on environmental and design review applications for any major physical improvement listed under Section 14.25.040(A).

B.

Minor Environmental and Design Review Permit. The zoning administrator shall make determinations on environmental and design review applications for any minor physical improvement listed under Section 14.25.040(B), and one-time extensions to major and minor environmental and design review permit approvals.

C.

Administrative Environmental and Design Review Permit. The community development director shall make determinations on environmental and design review applications for administrative design review, as listed under Section 14.25.040(C), and one-time extensions to administrative environmental and design review permit approvals. Applications which clearly meet the applicable review criteria may be approved over the counter, at the discretion of the community development director.

D.

Elevated Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(B) or (C) is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the planning commission for determination in lieu of having it processed by the zoning administrator or community development director.

E.

Reduced Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(A) or (B) of this chapter is insignificant or inconsequential, will have no detrimental impact on surrounding properties or public vantage points, and is not a matter requiring the designated level of review, it may be processed by the zoning administrator or community development director. In cases where the zoning administrator or community development director process an application that would normally be reviewed by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the design review permit review is being delegated from the planning commission to the zoning administrator or community development director for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator or community development director, a planning commissioner may direct, or a member of the public may request, that the application be referred to the planning commission for a public hearing and action.

(Ord. 1838 § 47, 2005; Ord. 1820 § 2, 2004; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 79, 6-21-2010; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

14.25.030 - Application.

A.

Initial Consultation. An initial consultation may be initiated by requesting an appointment with the community development director or a designated representative. Sketches of the design of a proposed structure or alteration should be submitted for informal staff review so that an applicant may be informed of environmental and design review policies of the City prior to preparing detailed drawings.

B.

Application for Environmental and Design Review. Applications for environmental and design review permits shall be initiated by submitting to the community development department a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and the following information. (Note: All residential projects located in the hillside development district or on lots with slopes over twenty-five percent (25%) shall submit the information required in Appendix A, Environmental and Design Review Application Requirements for Hillside Residential Development Projects, of the Hillside Residential Design Guidelines Manual.) The community development director may require that additional information be submitted or may waive the submission of listed information.

1.

Contextual map showing the relationship of the proposed development to the surrounding buildings and site features;

2.

Natural features map providing detailed information about on-site features, including existing trees and other vegetation, and the impact of the development on existing site conditions;

3.

Site plan(s) showing proposed parking, loading, circulation, drainage facilities and utility connections;

4.

Landscape plan showing all existing and proposed improvements, location of proposed plantings, landscape material and structures, and community amenities. For projects that are required to provide water-efficient landscapes pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance No. 414 (including any subsequent amendments).

5.

Grading plan showing existing and proposed contours, the extent of cut and fill, and erosion control methods;

6.

Building elevations including exterior materials and colors, and showing all sides of the structures;

Floor and roof plans;

8.

Phasing plan, if proposed;

9.

Site photographs showing site and adjacent properties;

10.

Shadow diagram if deemed necessary to evaluate potential shading of adjacent properties;

11.

Story poles reflecting the proposed height of the structure(s) if needed to evaluate project impacts.

12.

All existing street frontage improvements, if applicable, and any proposed modifications to public improvements, including any proposed or required street tree removal or planting.

C.

Multiple Applications. When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the community development director may schedule combined hearings.

(Ord. 1838 § 48, 2005; Ord. 1820 § 3, 2004; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, §§ 80—82, 6-21-2010; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

No improvement subject to environmental and design review shall hereafter be constructed, located, repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as provided in this chapter. The following items shall be subject to environmental and design review permits, whether or not a building permit is required.

A.

Major Physical Improvements.

1.

New construction on vacant property, including, but not limited to:

a.

Any residential structure located within one hundred (100) vertical feet of a ridgeline,

b.

Residential structures with three (3) or more dwelling units, and boarding houses,

c.

Residential structures as required by subdivision or zoning approvals,

d.

Offices, retail and industrial structures,

e.

Public, quasi-public, religious, social and similar community structures,

f.

Marinas and yacht clubs;

2.

Modifications to existing structures, including, but not limited to:

a.

Additions to multifamily residential structures with three (3) or more units, where the addition constitutes more than forty percent (40%) of the total square footage of the building,

b.

Additions and alterations to existing nonresidential structures where the addition is greater than forty percent (40%) of the existing square footage. (Note: The community development director may determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the visual character or function of a building is subject to a minor design review permit.),

c.

Relocation of a nonresidential structure, or of a residential structure with three (3) or more existing dwelling units.

3.

Major site design improvements, including but not limited to:

a.

Subdivisions located on properties with an average slope of twenty-five percent (25%) or greater, or with a general plan land use designation of hillside residential or hillside resource residential,

b.

Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.),

c.

Landscaping as part of a development subject to major environmental and design review,

d.

Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles on a development subject to major environmental and design review,

e.

Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs;

4.

Development subject to review as a major physical improvement pursuant to any other provision of this title;

5.

Mural signs painted on the exterior surface of a wall of an existing or new structure;

6.

Wireless telecommunications facility, as prescribed under Section 14.16.360.B.

B.

Minor Physical Improvements.

1.

For minor projects located in the downtown mixed use district, refer to the Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate ordinance.

2.

New construction and modifications, including, but not limited to:

a.

Any new residence or residential additions over five hundred (500) square feet in size, or any modification that increases the height of the roofline, when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations.

b.

Any addition or modification that results in lifting the existing ground level floor of a residence to construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See Section 14.25.050.F.6. for design criteria).

c.

Accessory structures, or additions or modifications to any residential structure located within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a roofline, or increases building scale and mass and is determined to be visible from off-site.

d.

Additions to multifamily residential structures containing three (3) or more dwelling units, where the addition constitutes forty percent (40%) or less than the total square footage of the building.

e.

New two-story single-family and duplex residential structures proposing an upper story level over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria).

f.

Upper-story additions to single-family and duplex residential structures over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria).

g.

Accessory structures on developed non-residential properties over one hundred twenty (120) square feet in size.

h.

Accessory structures on developed multi-family residential properties over two hundred forty (240) square feet in size.

i.

New construction or reconstruction of boat docking facilities,

j.

Additions and alterations to existing nonresidential structures and/or additions to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage and no greater

than one thousand two hundred fifty (1,250) square feet. Based on the scope and potential impact of the change(s), the level of review may be decreased by the community development director.

k.

Structures over the height limit, including flagpoles, aboveground utility distribution facilities, including communications towers and public water tanks, windmills, monuments, steeples, cupolas, and screens for mechanical equipment (chimneys are exempt).

l.

Wireless communications facilities, as prescribed under Chapter 14.16.360.B.

3.

Minor site design improvements, including, but not limited to:

a.

Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards per site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.).

b.

Landscaping, exterior lighting, fencing, and retaining walls over four feet (4′) high, proposed as part of a minor physical improvement subject to environmental and design review.

c.

Landscape revisions determined to be minor revisions to an existing hillside residential, multifamily or nonresidential development, proposed as part of a minor physical improvement.

d.

Parking and loading areas, including driveways, sidewalks and curb cuts, on a development subject to minor environmental and design review,

e.

Commercial parking lots, including private parking and new parking locations for uses with insufficient parking.

f.

Drive-Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for regulations.

g.

Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs, of this title.

4.

Development subject to review as a minor physical improvement pursuant to any other provision of this title.

C.

Administrative Design Permits.

1.

For projects located in the downtown mixed use district that are subject to administrative design review, refer to the Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate ordinance.

2.

Decks, or additions to existing decks, higher than thirty inches (30″) above grade, located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, except no review is required for decks:

a.

Less than a total of one hundred (100) square feet,

b.

Not visible from the public street or adjacent properties, or

c.

Replacing an existing elevated deck with a deck of same size and configuration.

3.

New single-family residences located on a flag lot.

4.

New one-story duplexes, or ground floor additions over five hundred (500) square feet in size or that include addition of a bedroom.

5.

Conversion of a single-family residence to a duplex.

6.

Design changes to projects that previously obtained design review approval. This includes modifications to upper story additions, modifications to windows or architectural, site design or landscaping changes. Based on the scope and potential impact of the change(s), the level of review may be increased by the community development director.

7.

Outdoor eating areas (as prescribed by Section 14.17.110).

8.

Minor exterior alterations to a structure or development, which are subject to environmental and design review, that, in the opinion of the community development director, have minimal impacts on the visual character or function of the building or development.

9.

Satellite dishes over the height limit in a multifamily or nonresidential district.

10.

Residential fences over seven feet (7′) in height, and as set forth under the criteria in Section 14.16.140.

11.

Nonresidential fencing over seven feet (7′) in height as set forth under Section 14.16.160 proposed to be located in a front yard or between the principal building and public street frontage(s).

12.

Detached accessory structures located on hillside residential lots with slopes of twenty-five percent (25%) or greater or located in areas with a general plan land use designation of hillside residential or hillside resource residential.

13.

Retaining walls over four feet (4′) in height (measured from the top of the footing or finished grade, as determined by the community development director, to the top of the wall) and/or minor landscaping or grading modifications on properties located on a hillside lot as identified in Section 14.12.020 (-H hillside overlay district) of this title, or located within one hundred (100) vertical feet of a ridgeline.

14.

Minor landscaping revisions to existing or approved multifamily or nonresidential development that are determined to alter the character of the site.

15.

Minor modifications to existing parking lots (reconfiguration or expansion).

Exterior repainting and refinishing on a development which significantly deviates from the color scheme and/or palette previously approved through an environmental and design review permit, or on structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are not from the approved earthtone-woodtone list.

17.

Outdoor storage areas.

18.

Design changes to dwelling units that were existing or approved as of January 1991 and that are being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or dwelling units that are being replaced pursuant to Section 14.16.270.B.5 (nonconforming structures) of this title.

19.

Modifications to properties in the Eichler-Alliance (-EA) combining district which increase the height of roof structures by more than six inches (6″) or change the roof pitch, including the creation of sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the review of solar collectors which are flush-mounted or not visible from the street frontage.

20.

Rooftop equipment and screens visible from off-site.

21.

Minor additions or modifications to a wireless communications facility, as prescribed under Section 14.16.360.B.

22.

Residential accessory structures to be located between the front-facing wall of the primary structure and the front setback except as permitted by Section 14.16.020.E.

23.

Non-residential accessory structure one hundred twenty (120) square feet or less in size.

24.

Ancillary detached accessory structures on a developed multi-family residential property two hundred forty (240) square feet or less in size.

25.

Development subject to review for an administrative design permit pursuant to any other provision of this title.

D.

Exempt from Design Review.

1.

Single-family dwellings when sited on individual lots with frontage on a public street and not otherwise subject to design review as listed above;

2.

Ordinary maintenance and repairs;

3.

New decks or additions to decks, except where review is required for decks located in hillside areas as prescribed in Section 14.25.040.C, above;

4.

Installation of solar panels on existing structures or grounds, as provided under state law and in compliance with all applicable development standards;

5.

Public art installations on public or private property approved through a City-established public art program. For purposes of this section (14.25.040), "public art" is defined as all forms of art including, but not limited to: sculptures, murals, mosaics, and fountains, which are located on the exterior of a publicly owned facility or on a privately owned property when such artwork is placed in a location intended to be visible to the general public;

6.

The community development director may declare improvements which have been determined to be minor or incidental within the intent and objectives of this chapter to be exempt from review.

(Ord. 1838 § 49, 2005; Ord. 1825 § 2 (Exh. A) (part), 2004; Ord. 1820 § 4, 2004; Ord. 1819 § 2, 2004; Ord. 1802 § 6, 2003: Ord. 1751 § 7, 2000; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, §§ 83—89, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964, § 2(Exh. B) § 33, 11-19-2018; Ord. No. 1991, divs. 1, 2, 3-1-2021; Ord. No. 1996, div. 2(Exh. A, 10.2), 8-162021; Ord. No. 2002, div. 14, 12-6-2021)

• Legislative history: Ordinances 1819 and 1820, adopted contemporaneously on February 2, 2004, amended the same code section, Section 14.25.040(C). Ordinance 1819 added a new subsection 10 to Section 14.25.040(C) and Ordinance 1820 moved subsections 1 and 2 from Section 14.25.040(C) to Section 14.25.040(B). Due to clerical error and contrary to the intent of the city council, Ordinance 1820 did not incorporate the amendment resulting from Ordinance 1819. The correct version of Section 14.25.040(C), as intended by the city council in its adoption of Ordinances 1819 and 1820, is set forth herein.

A.

Consistency with General Plan Design Policies. To ensure that each proposed improvement shall accomplish the purposes of Section 14.25.010, Specific purposes, environmental and design review shall be guided by general plan design policies, and the following criteria.

B.

Consistency with Specific Plans.

1.

In addition to the criteria listed below, development will be evaluated for consistency with applicable neighborhood and area design plans. Adopted plans which include design guidelines include: Hillside Residential Design Guidelines Manual, San Rafael Design Guidelines, the San Rafael General Plan 2040, specifically the neighborhoods element, and community design and preservation element, and any design guidelines or amendments that are adopted by resolution.

2.

Development proposed within the downtown mixed use district shall comply with the design criteria and provisions set forth in the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. The criteria listed below shall apply where the Downtown San Rafael Precise Plan form-based code is silent on the specific criteria topic.

C.

Design Criteria. Review shall be guided by the following criteria to assure that, with regard to buildings, structures and physical improvements, each proposed development shall carry out the purposes of this chapter, the general plan policies and any design plans. Any or all of the following criteria may be waived by the planning commission when the applicant has demonstrated that alternative design concepts carry out the objectives of this chapter and where such development is consistent with the general plan. Hillside residential design criteria may be waived by the city council with the following findings:

1.

The project design alternative meets the stated objectives of the 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

2.

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.

D.

Competent Design. The development plans shall be designed by, and bear the signature of a person who, under the building code, has been designated as legally competent to submit such development proposal. Plans for a development subject to a major environmental and design review permit before the planning commission shall be prepared by, and bear the signature of, an architect and/or landscape architect licensed by the state of California Department of Consumer Affairs.

E.

Site Design. There should be a harmonious relationship between structures within the development and between the structures and the site. Proposed structures and site development should be related accordant to existing development in the vicinity. There must be a consistent organization of materials and a balanced relationship of major elements.

1.

Views. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills should be preserved and enhanced from public streets and public vantage points. In addition, respect views of St. Raphael's Church up "A" Street.

2.

Site Features and Constraints. Respect site features and recognize site constraints by minimizing grading, erosion and removal of natural vegetation. Sensitive areas such as highly visible hillsides, steep, unstable or hazardous slopes, creeks and drainageways, and wildlife habitat should be preserved and respected.

3.

Access, Circulation and Parking. The development should provide good vehicular, bicycle and pedestrian circulation and access, on-site and in relation to the surrounding area, including public streets, waterways, shorelines and open space areas. Safe and convenient parking areas should be designed to provide easy access to building entrances. Parking facilities should detract as little as possible from the design of proposed or neighboring structures. Entrances to parking structures should be well-defined and should include materials compatible with those of the parking garage. Traffic capacity of adjoining streets must be considered.

4.

Energy-Efficient Design. The site design shall show that due regard has been given to orientation of structures to streets and climatic considerations.

5.

Drainage. Special attention shall be given to proper site surface drainage and an adequate drainage system. (Note: The details of drainage systems shall be subject to approval of the director of the department of public works.)

Utility Service. Utility connections shall be installed underground. Proposed method of sanitary sewage disposal for all buildings shall be indicated. Refuse collection areas shall be screened and located in areas convenient both to users and to persons who make collections. There shall be adequate ingress and egress to all utilities. (Note: Recycling facilities must meet Standard of Resolution 93-57.)

F.

Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity, and should enhance important community gateways, view corridors and waterways as identified in the general plan.

1.

Design Elements and Approaches. Design elements and approaches which are encouraged include:

a.

Creation of interest in the building elevation;

b.

Pedestrian-oriented design in appropriate locations;

c.

Energy-efficient design;

d.

Provision of a sense of entry;

e.

Variation in building placement and height;

f.

Dwelling units accessible to the mobility-impaired;

g.

Equal attention to design of all facades in sensitive locations;

h.

Bedrooms and decks oriented away from high noise sources;

i.

Common usable areas should offer residents a convenient and attractive place to exercise, relax and meet one another;

j.

Private yard areas should be oriented away from high noise sources and take advantage of view opportunities and solar orientation.

2.

Materials and Colors. Materials and colors should be consistent with the context of the surrounding area. To minimize contrast of the structure with its background as viewed from the surrounding neighborhood, color selection shall coordinate with the predominant colors and values of the surrounding landscape and architecture. High-quality building materials are required. In hillside areas, as identified in Section 14.12.020 of this title, natural materials and colors in the earth tone and woodnote range are generally preferred. Other colors and materials may be used which are appropriate to the architectural style, harmonious with the site and/or compatible with the character of the surrounding environment.

a.

Earthtone/woodtone colors are considered to be various natural shades of reddish-brown, brown, grey, tan, ocher, umber, gold, sand, blue and green.

b.

Natural materials include adobe, slump block, brick, stone, stucco, wood shakes, shingles and siding, and tile roofs.

c.

Concrete surfaces shall be colored, textured, sculptured and/or patterned to serve a design as well as a structural function.

d.

Metal buildings, roofs, or finishes that develop an attractive oxidized finish (such as copper or weathering steel) may be used. Unpainted metal, galvanized metal or metal subject to rusting is discouraged.

e.

Glare-reducing and color-harmonizing finishes may be required on glass surfaces when they constitute fifty percent (50%) or more of a wall or building face, or when they permit a view of pipes, utilities and other service units.

f.

Reflective glass, such as mirror or glazed, is discouraged. Such glass may be prohibited where it has an adverse impact, such as glare on pedestrian or automotive traffic or on adjacent structures.

g.

Roof materials shall minimize reflectivity.

3.

Walls, Fences, and Screening. Walls, fences and screening shall be used to screen parking and loading areas, refuse collection areas and mechanical equipment from view. Screening of mechanical equipment shall be designed as an integrated architectural component of the building and the landscape. Utility meters and transformers shall be incorporated into the overall project design.

4.

Exterior Lighting. Light sources should provide safety for the building occupants, but not create a glare or hazard on adjoining streets or be annoying to adjacent properties or residential areas.

5.

Signs. Signs shall be designed consistent with the guidelines in Chapter 14.19, Signs.

6.

Upper-Story Additions and Modifications Which Result in More Than One Floor. Design review of new twostory homes, upper-story additions and lift-and-fill construction is not intended to preclude such development, but rather required to assure better design of such additions and to limit impacts on adjacent properties. Modifications to structures on lots in the hillside development overlay district or on lots with an average slope of twenty-five percent (25%) or more are subject to the Hillside Residential Design Guidelines Manual.

a.

Windows Facing the Rear Yard. There shall be a minimum number of upper-story windows facing the rear where privacy of adjacent residential structures would be significantly affected (e.g., unfiltered and direct views from a primary living area into a primary living room, bedroom or backyard recreational area of an adjoining residential property would result). Windows above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property. Skylights, opaque glass, permanently affixed louvers, inset windows or windows with high sills may be required where appropriate when other window designs would severely affect the privacy of rear yards or patios of adjacent residences.

b.

Windows Facing the Side Yard. Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into windows, balconies or similar openings of adjacent structures.

c.

Windows Facing the Front Yard. Windows, balconies, doors or other openings above the first story are encouraged. Windows and doors shall match the style and scale of the windows and doors of the existing

structure. Upper-story additions shall be an extension of the existing residence with internal circulation connecting to the existing structure.

d.

Outside Stairways. Outside stairways to upper stories shall be designed as modest structures which do not dominate the facade of the building.

e.

Design Consistency. Proposed roof slope, window style and building materials shall be designed to be consistent with the roof slope, window style and materials of the existing structure.

f.

Neighborhood Compatibility. Where a prevailing design exists on both sides of the street for the length of the block, the addition or modification shall be designed to be compatible with the design character and scale of the neighboring buildings.

g.

Shadowing. Shading of existing solar collectors and primary, active recreational areas in the rear and/or side yards of adjacent properties should generally not exceed ten percent (10%) of the area or increase existing shading by more than ten percent (10%) between the hours of noon and three p.m. (3:00 p.m.) on December 21 due to the proposed upper-story construction. For purposes of this subsection, a solar collector shall be any device which is designed primarily to collect solar energy and which contains an area of twenty-four (24) square feet or more. Applications which cannot meet this design criterion shall demonstrate that every feasible effort has been made to reduce the shading impacts of the proposed structure and that a reasonable upper-story addition which complies with this design criterion is not feasible.

G.

Landscape Design. The natural landscape should be preserved in its natural state, insofar as practicable, by minimizing grading, and tree and rock removal. The landscaping shall be designed as an integral enhancement of the site, sensitive to natural site features.

1.

Outdoor Amenity Areas. Outdoor amenity areas should be designed to minimize noise impacts on adjoining uses.

2.

Water-Efficient Landscape Design. Water conservation shall be considered and incorporated in the design of landscape and irrigation plans for all projects. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance, and future amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for irrigation.

3.

Landscaped Buffer Area. Landscaped buffer areas may be required near wetlands and other sensitive habitat areas. A landscaped berm around the perimeter of parking areas is encouraged.

4.

Street Trees and Landscaping. Street trees shall be shown on plans submitted for a project within the downtown area, and shall be provided and protected in accordance with the city street tree planting guidelines and recommendations of the city arborist. Street trees and landscaping should be consistent with the following:

a.

Provide smaller scale, seasonal color and street trees for pedestrian-oriented streets;

b.

Provide high-canopy traffic-tolerant trees and landscaped setbacks for primary vehicular circulation streets.

c.

Existing mature trees proposed to be removed as part of a project should be replaced with an equivalent number, size and alternate species.

d.

Trees proposed to remain shall be protected during construction.

e.

All trees shall be installed, protected and pruned in accord with accepted arboricultural standards and practices.

H.

Temporary Visual and Air Pollution Resulting from Construction. Temporary pollution resulting from grading and construction shall be minimized to avoid unnecessary annoyance to persons living or working in the area.

(Ord. 1838 §§ 50, 51, 2005; Ord. 1820 § 5, 2004; Ord. 1802 § 7, 2003; Ord. 1695 § 1, 1996; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, §§ 90—93, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996, div. 2(Exh. A, 10.3), 8-16-2021; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

14.25.060 - Public notice and hearing.

A.

Major Environmental and Design Review Permit.

The planning commission shall hold a public hearing on an application for a major environmental and design review permit.

2.

Notice of planning commission hearings shall be given consistent with Chapter 14.29, Public Notice.

B.

Minor Environmental and Design Review Permit.

1.

The zoning administrator shall hold a public hearing on an application for minor environmental and design review permit.

2.

Notice of zoning administrator hearings shall be given consistent with Chapter 14.29, Public Notice.

C.

Administrative Environmental and Design Review Permit. Public notice and hearing are not required for issuance of an administrative environmental and design review permit, except for development subject to Sections 14.14.030 and 14.25.040(C)(19), modifications to properties in the EA overlay district, which shall comply with the notice provisions in Chapter 14.29 of this title.

(Ord. 1838 § 52, 2005; Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

(Ord. No. 1964, § 2(Exh. B) § 34, 11-19-2018; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

14.25.070 - Reserved.

Editor's note— Ord. No. 2039, § 3(Exh. B), adopted July 15, 2024, repealed § 14.25.070, which pertained to streamlined review of certain residential projects and derived from Ord. No. 2018, div. 1, adopted Oct. 3, 2022.

In approving an environmental and design review permit, the community development director, zoning administrator or planning commission may impose reasonable conditions to assure furtherance of objectives stated herein. Dedication, relocation, installation and/or improvement of rights-of-way may be required where essential to prevent congestion and/or hazards which may result from the use of land proposed. Environmental and design review permits shall be subject to the following standard conditions, unless modified by the approving body:

A.

All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement.

B.

Landscaping and irrigation must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments as adopted. Prior to the issuance of a building permit, a grading permit or other authorization or city approval to proceed with construction and landscape installation, the applicant must provide written verification of plan approval from MMWD.

C.

The building materials and colors as presented for approval shall be the same as required for the issuance of a building permit. Any future changes in materials or color shall be subject to review by the planning director and approval of an administrative environmental and design review permit.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 95, 6-21-2010; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

The community development director, zoning administrator or planning commission may approve an application for an environmental and design review permit. The following findings must be made by the hearing body:

A.

That the project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter;

B.

That the project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located;

C.

That the project design minimizes adverse environmental impacts; and

D.

That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 96, 6-21-2010)

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

No action, inaction or recommendation regarding any development by the planning director, zoning administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by the section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.

(Ord. 1625 § 1 (part), 1992).

Appeals of environmental and design review determinations shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

An environmental and design review permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless an appeal is filed.

(Ord. 1625 § 1 (part), 1992).

14.25.140 - Approval to run with the land.

Any environmental and design review permit approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies. Notwithstanding the foregoing, the issuance of administrative design review permits for outdoor eating areas located on city sidewalks or city rights-of-way shall not confer any property rights therein or otherwise encumber the city's property rights.

(Ord. 1751 § 8, 2000: Ord. 1625 § 1 (part), 1992).

An environmental and design review permit may be extended by the zoning administrator, if the findings required by Section 14.25.090, Findings, remain valid, there have been no substantial changes in the

factual circumstances surrounding the originally approved design, and application is made prior to expiration. Administrative environmental and design review permits may be extended by the community development director.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 97, 6-21-2010)

The planning director may approve changes in conditions of approval upon determining that the changes in conditions are minor and are consistent with the intent of the original approval, and the zoning administrator may approve minor changes to approved plans. Revisions involving substantial changes in project design or conditions of approval shall be treated as new applications and referred to the original hearing body.

(Ord. 1625 § 1 (part), 1992).

An environmental and design review permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

14.25.180 - New application following denial or revocation.

If an application for an environmental and design review permit is denied or revoked, no new application for the same, or substantially the same, environmental and design permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

14.25.190 - Construction review and enforcement.

A.

Building Plan Review. An approved application, and all other related and approved maps, drawings and other supporting materials constituting a part of the approved application, shall be so endorsed by the community development director or designated staff. The community development director or designated staff shall review construction drawings, final plans and other similar documents prior to issuance of a building permit for compliance with the environmental and design review permit.

B.

Construction Time Frame. The applicant shall continue with construction through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. All plans have to be constructed and maintained as approved. Any design revisions are subject to Section 14.25.160, Amendments—New application.

C.

Building Construction Inspections. The building official shall, when performing building inspections on the site, also inspect for compliance with the environmental and design review permit and shall report to the community development director any deviations therefrom, either in the plans or on the site.

D.

Construction Impacts. Temporary visual and air pollution resulting from construction shall be minimized through retention of natural vegetation, rock formations and topography until applicant is prepared, once grading commences, to continue immediately with the construction applied for through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. During grading, dust prevention must be emphasized to avoid unnecessary annoyance to persons living or working in the area.

E.

Noncompliance. In addition to the fines and penalties set forth in Chapter 14.29, Enforcement, failure to comply in any respect with an environmental and design review permit shall constitute grounds for the immediate stoppage of the work involved in said noncompliance.

F.

Certificate of Occupancy. An occupancy permit shall not be issued in part or whole for any improvement subject to environmental and design review unless and until the work specified in the environmental and design review permit has been completed, including landscaping. If for any valid reason full compliance in accordance with the environmental and design review permit cannot be made, a cash bond or other approved form of surety, which shall be in such amount as the city may fix, shall be posted for the work to be completed within a reasonable period of time as determined by the community development director.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 98, 6-21-2010)

Environmental and design review permits are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 8.1), 8-6-2021)

Chapter 14.26 - REQUESTS FOR REASONABLE ACCOMMODATION