HomeMy WebLinkAboutOrdinance 1882 (Response to Nationwide Recession)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1882 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING,
SPECIFICALLY AMENDING SELECTED CHAPTERS AND SECTIONS TO: a)
CORRECT ERRORS AND INTERNAL INCONSISTENCIES; b) DELETE OBSOLETE
PROVISIONS; c) UPDATE ZONING FOR SELECTED PROPERTIES ON THE CITY -
ADOPTED ZONING MAP; d) EXPAND AND MODIFY LAND USE DEFINITIONS; e)
INCORPORATE PROVISIONS TO ADDRESS A STATE -MANDATE FOR WATER
CONSERVATION; AND 1) AMEND PROVISIONS AND LAND USE REQUIREMENTS
TO ADDRESS CITY BUDGET CUTS AND TO ASSIST BUSINESS DEVELOPMENT IN
RESPONSE TO A NATIONWIDE ECONOMIC RECESSION (ZO09-001)
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 7th day of June, 2010, a
SUMMARY of Ordinance No. 1882 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 21 st day of June, 2010, by the following vote, to wit:
AYES
COUNCILMEMBERS:
Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
WITNESS my hand and the official
seal of the City of San Rafael this
23rd day of June, 2010
�ZSt 1' '::!!� ,412a�Fc, .
ESTHER C. BEIRNE
City Clerk
SUMMARY OF ORDINANCE NO. 1882
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING,
SPECIFICALLY AMENDING SELECTED CHAPTERS AND SECTIONS TO: A)
CORRECT ERRORS AND INTERNAL INCONSISTENCIES; B) DELETE
OBSOLETE PROVISIONS; C) UPDATE ZONING FOR SELECTED
PROPERTIES ON THE CITY -ADOPTED ZONING MAP; D) EXPAND AND
MODIFY LAND USE DEFINITIONS; E) INCORPORATE PROVISIONS TO
ADDRESS A STATE -MANDATE FOR WATER CONSERVATION; AND F)
AMEND PROVISIONS AND LAND USE REQUIREMENTS TO ADDRESS CITY
BUDGET CUTS AND TO ASSIST BUSINESS DEVELOPMENT IN RESPONSE
TO A NATIONWIDE ECONOMIC RECESSION (ZO09-001)
The City of San Rafael Zoning Ordinance, San Rafael Municipal Code Title 14 —
Zoning, is being amended by the San Rafael City Council as detailed in the complete text
of Ordinance No. 1882. For a complete copy of the text of the Ordinance amending the
Municipal Code, please contact the City Clerk at 415-485-3066 or the Community
Development Department, Planning Division, at 415-485-3085. Copies of the Ordinance
containing this Municipal Code amendment are also available for public review as of
Tuesday, June 15, 2010 at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd
Floor, Room 209, during regular business hours, 8:30 a.m. to 5:00 p.m.
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance makes extensive amendments to San Rafael Municipal Code
Title 14 (Zoning), particularly to Chapters 14.02, 14.03, 14.04, 14.05, 14.06, 14.07,
14.08, 14.09, 14.10, 14.11, 14.12, 14.16, 14.17, 14.18, 14.19, 14.22, 14.24, 14.25, and
14.29, to correct various errors and internal inconsistencies; delete certain obsolete
provisions; update the zoning for selected properties on the City -adopted zoning map;
expand and modify the land use definitions; incorporate new provisions to address a state
mandate for water conservation; and amend certain other provisions and land use
requirements.
PUBLICATION
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, State 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.
A'er�tj-lel'm yor
ATTEST:
(zut
ESTHER BEIRNE, City Clerk
The foregoing Ordinance No. 1882 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, the 7`h of June 2010, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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, June 21, 2010.
re<A .
ESTHER BEIRNE City Clerk
Wamnd.Ordinance _Summary_6-8-10.doc
ORDINANCE NO. 1882
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 — ZONING, SPECIFICALLY
AMENDING SELECTED CHAPTERS AND SECTIONS TO: A) CORRECT ERRORS
AND INTERNAL INCONSISTENCIES; B) DELETE OBSOLETE PROVISIONS; C)
UPDATE ZONING FOR SELECTED PROPERTIES ON THE CITY -ADOPTED
ZONING MAP; D) EXPAND AND MODIFY LAND USE DEFINITIONS; E)
INCORPORATE PROVISIONS TO ADDRESS A STATE -MANDATE FOR WATER
CONSERVATION; AND F) AMEND PROVISIONS AND LAND USE REQUIREMENTS
TO ADDRESS CITY BUDGET CUTS AND TO ASSIST BUSINESS DEVELOPMENT IN
RESPONSE TO A NATIONWIDE ECONOMIC RECESSION
(ZO09-001)
WHEREAS, in 2009, City staff initiated amendments to San Rafael Municipal Code
(SRMC) Title 14- Zoning (Zoning Ordinance) as a general `clean-up' of the provisions. Through
daily use, general application and interpretation, minor errors, omissions and internal
inconsistencies are discovered, which necessitate correction. In addition, it has been determined
that the zoning for selected properties needs to be updated and/or corrected on the City -adopted
Zoning Map. Lastly, over time, certain provisions and code sections become obsolete or need
revision to improve use and interpretation; and
WHEREAS, in 2006, Assembly Bill 1881 (AB 1881) was signed by the Governor
Schwarzenegger adding: Section 1353.8 of the Civil Code; Title 7, Division 1, Article 10.8
(Section 65591 et seq.) of the Government Code; and Section 15401.9 of the Public Resources
Code, which established a statewide mandate for water conservation. AB 1881 requires that each
local agency adopt a water -efficient landscape ordinance, which: a) sets thresholds for landscape
projects that are subject to water conservation; b) requires that water use for landscape irrigation
be based on a water allowance that is determined on a site -by -site basis; and c) requires the
monitoring of water use for landscapes and irrigation. As a result, amendments to Title 14 have
been prepared, in coordination with Marin Municipal Water District (MMWD) Ordinance 414
(Water Conservation) to incorporate water -efficient landscape requirements; and
WHEREAS, in 2009 and early 2010, the City experienced citywide budget cuts resulting
from a nationwide economic recession. The citywide budget cuts resulted in reductions in
Community Development Department staff. In order to provide efficient service to the
community with reduced staff, amendments to the Zoning Ordinance have been prepared to
streamline and modify certain types of discretionary permit review and to broaden and improve
use and interpretation; and
WHEREAS, as a result of a nationwide economic recession, the City has experienced
increased commercial vacancies from business closures and downsizing. In response, the City
initiated a business promotion program to assist new business development and to retain existing
businesses. This program includes, among others, recommendations to amend the Zoning
Ordinance to simplify the City's zoning review and reduce the discretionary permit process for
new and existing businesses; and
WHEREAS, a collective group of amendments to Title 14 Zoning have been prepared
to address all of the above issues. The proposed amendments to the Zoning Ordinance were
published on March 5, 2010; and
1
WHEREAS, the amendments to the San Rafael Municipal Code, Title 14, do not propose
any changes to City policies or regulations that would result in a direct or indirect physical,
environmental impact; therefore it has been determined that this ordinance amendment is covered
by the general rule that the California Environmental Quality Act (CEQA) applies only to
projects which have the potential for causing a significant effect on the environment pursuant to
CEQA Guidelines Section 15061(b)(3), and is not subject to environmental review; and
WHEREAS, on March 23, 2010 and April 27, 2010, the Planning Commission held duly -
noticed public hearings on the proposed amendments to the San Rafael Municipal Code, Title 14,
accepting all public testimony and the written report of the Department of Community
Development, and recommended to the City Council the approval of the amendments; and
WHEREAS, on April 27, 2010, the Planning Commission adopted Resolution No. 10-08
(5-0-2, Commissioners Pick and Wise absent) recommending to the City Council adoption of the
proposed amendments to Title 14, which are presented in attached Exhibit A; and
WHEREAS, on June 7, 2010, the City Council held a duly noticed public hearing to
consider the proposed Zoning Ordinance amendments, and considered all oral and written public
testimony and the written report of the Community Development Department; and
WHEREAS, the City Council hereby finds that the proposed amendments to San Rafael
Municipal Code Title 14 - Zoning are consistent with the policies and programs of the San Rafael
General Plan 2020 in that:
1. The amendments to San Rafael Municipal Code Title 14 — Zoning are consistent with
the policies and programs of the San Rafael General Plan 2020 in that:
a. As proposed, the amendments would: a) correct errors and omissions in the
Zoning Ordinance; b) delete obsolete provisions; c) update and correct property
zoning on the City -adopted Zoning Map; and d) revise provisions to improve use
and interpretation. This action would be consistent with General Plan Program
LU -23a (Zoning Ordinance Amendments), which encourages periodic updates to
the Zoning Ordinance in order to maintain a current and internally consistent
code.
b. As proposed, the amendments would meet the requirements of state law,
specifically Title 7, Division 1, Chapter 3, Article 10.8 (Section 65591 et seq.) of
the Government Code, and Section 15401.9 of the Public Resources Code by
establishing water conservation requirements for water -efficient landscape
design. This action would be consistent with General Plan Policy LU -23 (Land
Use Map and Categories) and Program LU -23a (Zoning Ordinance
Amendments), which directs that the Zoning Ordinance be updated periodically,
and as needed, to address changes in state law.
c. As proposed, the amendments would revise the minimum threshold requirements
for certain Environmental and Design Review Permits, specifically for certain
residential and commercial uses and improvements. This action would be
consistent and not conflict with: a) General Plan Policy NH -2 (New
Development in Residential Neighborhoods) in that the amended provision
would continue to maintain and require City review of improvements to protect
7
neighborhood image and quality of life, transitions in building heights and
setbacks, and provisions for adequate parking; b) General Plan Policy H-3
(Design that Fits into the Neighborhood Context), Program H -3a (Design
Concerns for Single -Family Homes) and Program H -3b (Compatibility of
Building Patterns) in that, while the amendments would change some of the
thresholds for requiring an Environmental and Design Review Permit, there
would be no changes in design criteria for review or changes to the findings that
are required to approve such permits.
d. As proposed, the amendments would revise the City's off-street parking
standards and the review process for assessing parking, for the purpose of
assisting existing businesses and promoting new businesses in San Rafael by
streamlining project review. Specifically, the amendments include, among others,
establishing new, off-street parking provisions for the Downtown West End
Villa e, which would allow changes in land use within existing buildings along
the 4" Street frontage (where no additional building square footage is proposed)
without requiring new or additional parking. This action would be consistent with
General Plan Policy NH -27 (Parking) and Program H-1811 (Revisions to Parking
Standards), which encourage seeking solutions to Downtown urban parking
conditions and directs revisions to the Zoning Ordinance parking standards, as
needed, for the purpose of promoting flexibility in the requirements. Further, this
specific amendment, and other amendments to off-street parking standards would
be consistent with General Plan Policy NH -15 (Downtown Vision), NH -16
(Economic Success), NH -18 (Economic Center), EV -4 (Local Economic and
Community Impacts), and EV -9 (Business Assistance Programs) in that the
amendments would simplify and streamline the land use permit review process
and requirements for existing and new businesses.
e. As proposed, the amendments revise the Conditional Use Permit review process
for selected and commonly proposed non-residential land uses in commercial,
light industrial/office and Downtown zoning districts, which would reduce permit
processing time and costs to existing and new businesses. This action would be
consistent with: a) General Plan Policy LU -15 (Convenience Shopping) in that it
would encourage retention and improvement of existing retail stores and services
by reducing the timing and cost for permit review; b) Policy LU -23d (Industrial
Zoning Districts) by broadening the types of land uses that would be permitted in
the Industrial Light Industrial/Office zoning districts; c) and Policies NH -16
(Economic Success), NH -18 (Economic Center), EV -4 (Local Economic and
Community Impacts), and EV -9 (Business Assistance Programs) by simplifying
and streamlining the land use permit review process and requirements for
existing and new businesses.
2. The public health, safety and general welfare are served by adoption of the proposed
Zoning Ordinance amendments, in that they would: a) correct errors and
inconsistencies, make appropriate zoning map amendments and delete obsolete code
provisions; b) incorporate new code provisions to address a State mandate for water
conservation; c) implement policies and programs in the San Rafael General Plan
2020 that encourage periodic update to the Zoning Ordinance, ensure consistency
with the General Plan; d) promote existing and new businesses by simplifying the
planning review process; and e) simplify certain activities subject to an
3
Environmental and Design Review Permit without compromising neighborhood
character or public review; and
WHEREAS, the City Council supports and adopts the proposed Zoning Ordinance
amendment adding new Section 14.18.061, which establishes new parking provisions for the
Downtown West End Village and Environs, subject to an initial review and monitoring for two
(2) years following adoption. The initial review and monitoring is required to: 1) ensure that
there is adequate and sustainable on -street and public off-street parking to accommodate changes
in land use through re -tenanting of existing building space; and 2) ensure that there is no
excessive spillover of on -street parking use in the adjacent neighborhoods. Following the second
year of monitoring, staff shall report the results of the monitoring to the City Council. If, the
monitoring report determines that on -street and public off-street parking is inadequate, the City
can consider modifying or eliminating this parking provision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1.
San Rafael Municipal Code Title 14 Zoning (Zoning Ordinance) is hereby amended to
incorporate edits, additions and deletions to selected chapters and sections set forth in attached
Exhibit A, incorporated herein by reference.
DIVISION 2.
If any subsection, sentence clause or phrase of this ordinance amendment is, for any reason, held
to be invalid, such decision shall not affect the validity of the remaining portions of this added
ordinance section.
DIVISION 3.
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 the adoption, together
with the names of those Councilmembers voting for or against same, in the Marin Independent
Journal, a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State 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 amendment along with the names of those
Councilmembers voting for or against the amendment.
4
f
A ,BERT ORO, Mayor
ATTEST:
G-RLP-4,Pe'�
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1882 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on June 7, 2010, and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 2151 day of June 2010.
ATTACHMENT: EXHIBIT A
Mamend.Ordinancel882 6-7-2010
5
AF"a4 z
ESTHER C. BEIRNE, City Clerk
EXHIBIT A
1. Amend Chapter 14.02, the Zoning Map (Section 14.02.040, Rules to interpretation-
Recordkeeping) to reclassify the zoning for the following properties:
Zoning Map
Property Address and
Page No.
Assessor's Parcel No.
D2
Gallinas Creek @ Paul Drive;
APN 155-131-22
D2
Joseph Court (Fire Station site);
APN 155-081-08
D6
Woodland Avenue @ Octavia Street;
APN 012-194-23
D6
Woodland Avenue @ Woodland Court;
APN 013-061-37
F6
North of Canal Street- Tiscornia Marsh;
APN 009-142-01
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Reclassification
From P/QP to P/OS District
From O to LI/O District
From HR to HR District
From HR to HR District
From PD -WO to P/OS-WO
District
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EXHIBIT A
2. Amend Section 14.02.030.B (TABLE INSET) ns follows:
B. Establishment of Base Zoning Districts. Base zoning districts into which the city
is divided are established as follows:
Base District Designator
Base District Name
Chapter
R2a
Single-family Residential District
14.04
Minimum lot size: 2 acres
Rla
Single-family Residential District
14.04
Minimum lot size: ] acre
R20
Single-family Residential District
14.04
Minimum lot size: 20,000 sq. ft.
R10
Single-family Residential District
14.04
Minimum lot size: 10,000 sq. ft.
R7.5
Single-family Residential District
14.04
Minimum lot size: 7,500 sq. ft.
RS
Single-family Residential District
14.04
Minimum lot size: 5,000 sq. ft.
DR
Duplex Residential District
14.04
2,500 sq. ft. per dwelling unit
Multifamily Residential District
MR5
(Medium Density)
14.04
5,000 sq. ft. per dwelling unit
Multifamily Residential District
MR3
(Medium Density)
14.04
3,000 sq. ft. per dwelling unit
Multifamily Residential District
MR2.5
(Medium Density)
14.04
2,500 sq. ft. per dwelling unit
Multifamily Residential District
MR2
(Medium Density)
14.04
2,000 sq. ft. per dwelling unit
Multifamily Residential District
HR1.8
(High Density)
14.04
1,800 sq. ft. per dwelling unit
Multifamily Residential District
HR1.5
(High Density)
14.04
1,500 sq. ft. per dwelling unit
Multifamily Residential District
HRl
(High Density)
14.04
1,000 sq. ft. per dwelling unit
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-2
Title 14 (Zoning) —Adopted June 7, 2010
ZO09-001
EXHIBIT A
GC General Commercial District 14.04
NC
Neighborhood Commercial District
14.04
1,800 sq. ft. per dwelling unit
O
Office District
14.05
C/O
Commercial/Office District
14.05
1,000 sq. ft. per dwelling unit
R/O
Residential/Office District
14.05
1,000 sq. ft. per dwelling unit
FBWC
Francisco Boulevard West Commercial District
14.05
4SRC
Fourth Street Retail Core
14.05
CSMU
Cross Street Mixed Use District
14.05
HO
Hetherton Office District
14.05
2/3 MUE
Second/Third Mixed Use District East District
14.05
2/3 MUW
Second/Third Mixed Use District West District
14.05
WEV
West End Village District
14.05
5/M R/O
Fifth/Mission Residential/Office District
14.05
I
Industrial District
14.06
LI/O
Light Industrial/Office District
14.06
CCI/O
Core Canal Industrial/Office District
14.06
LMU
Lindaro Mixed Use District
14.06
PD
Planned Development District
14.07
M
Marine District
14.08
P/QP
Public/Quasi-Public District
14.09
P/OS
Parks/Open Space District
14.10
W
Water District
14.11
3. Amend Chapter 14.03 (Definitions), Section 14.03.020 (Rules for construction of
language) adding new sub -section P. to read as follows:
14.03.020 Rules for construction of language.
F. "Including but not limited to" means that the definition is applicable to the
examples that are cited, and to other examples that are not cited, which are deemed to be similar
in purpose and consistent with the intent of the definition.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-3
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
4. Amend Chapter 14.03 (Definitions), Section 14.03.030 to delete the definition of
"School, vocational or business trade. "
S. Amend Chapter 14.03 (Definitions), Section 14.03.030 to add the following new
definitions:
"Accessory use" means a use clearly subordinate or incidental and directly related to a
permitted use or conditionally permitted use. The general thresholds for considering whether a
use is an accessory use include whether the: a) floor area dedicated to the use is less than 25% of
the total area; b) amount of business, revenue or activity generated by the use is less than 25% of
the main use; c) hours of operation and intensity of operation are similar to the primary use; and
d) uses are composed in separate and demised tenant spaces.
"Banks and financial services" means financial institutions including uses such as
Banks and trust companies, check cashing, credit unions, foreign currency, holding (but not
primarily operating) companies, home loan services, lending and thrift institutions, money wiring,
mortgage brokers, other investment companies, securities/commodity brokers, contract brokers
and dealers, security and commodity exchanges, and vehicle finance (equity) leasing.
"Convenience store" means a sales establishment occupying a public retail sales area of
generally up to 5,000 gross square feet, for purpose of selling pre-packaged food and beverage
products and other retail merchandise oriented to convenience and travelers' shopping needs.
Convenience stores are distinguishable from "grocery stores and supermarkets" in that they carry
a limited range of items and are typically contained in a smaller retail space (generally, less than
5,000 gross square feet). See "mini -market" definition for a retail store operated in conjunction
with a gasoline station with a retail sales area that is less than 1,000 gross square feet in size.
"Downtown's West End and environs" encompasses an area generally defined as
being located along Fourth St, between D and Second Streets, and includes the properties
designated as West End Village (WEV) and Fourth Street Retail Core (4SRC) Zoning
District, as shown on the following map:
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-4
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
Diagram B for Section 14.03.030
DOWNTOWN'S WEST END AND ENVIRONS
'y'\`�,,Vf( E. IIIJJJf I I IJ FIFTH AVE-
'y I
CAM/ND
R r•r
S i• 1O
FOURTH ST, FOURTH ST.
b
4y
S� 4 I cr•siw
eCOMC ? u
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"Grocery store and supermarket" means a retail business where the majority of the
floor area that is open and accessible to the public is occupied by produce, food and beverage
products, and household items that are packaged for preparation and consumption for daily living
needs. Grocery stores and supermarkets are distinguished from "convenience stores" in that they
typically contain a retail floor area greater than 10,000 gross square feet. Smaller grocery stores
may occupy a retail floor area between 5,000 and 10,000 gross square feet. Supermarkets
generally offer a greater variety of products and household items, and may also include accessory
uses within the retail sales area including, but not limited to, a pharmacy, cafe, or financial
services.
"Financial services" see "Banks and financial services"
"Fitness/Recreation facility" means facilities providing equipment and areas for
exercise, training, recreation and classes for individuals, groups or both. Examples of these
facilities include, but are not limited to: health clubs, gymnasiums, indoor sports facilities, rock
climbing facilities, etc. These facilities are primarily drop-in facilities, and may include accessory
instructional uses. See "School, specialized education and training" definition for uses primarily
involving instructional or educational training.
"Lot area" means the area of the property within the property boundaries as described in
the recorded grant deed including any easements, and unaccepted offers and dedications of rights-
of-way. Consistent with Section 15.06.030 (Subdivision Design Standards), the panhandle
portion of a flag lot that is primarily used and intended for access shall not be included in lot area
for purposes of development and application of development standards.
"Lot line", see property line
"Lot, Panhandle/Flag" means a lot that is served by a narrow strip of land that is
primarily intended and used for gaining access to a major portion of the lot or parcel. See Title
15 --- Subdivisions for regulations addressing the formation of a flag or panhandle lot.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-5
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
"Motor vehicle repairs and maintenance" means the repair, alteration, restoration,
towing, painting, cleaning or finishing of vehicles as a primary use including the incidental
wholesale and retail sale of vehicle parts as an accessory use. This use is distinguished by two
categories: major repair of vehicles, which includes but is not limited to facilities providing major
engine work, body work, and vehicle painting; and facilities providing minor repair and
maintenance, which includes but is not limited to tune-ups, replacement and repair of brakes,
batteries, tires, mufflers, and upholstery.
"Office, Business" means an establishment providing direct services to consumers.
Examples of these uses include, but are not limited to employment agencies, insurance agent
offices (small-scale customer service offices, not administrative), real estate offices, travel
agencies, utility company payment offices (not administrative). This use does not include Banks
and Financial Services, which are separately defined.
"Office, Administrative" means an office -type facility used for administrative purposes,
and/or occupied by a business engaged in the production of intellectual property. Examples of
these uses include, but are not limited to advertising agencies, commercial art and design
services, construction contractors (office facilities only), design services including architecture,
engineering, landscape architecture, urban planning, educational, scientific and research
organizations, media postproduction services, news services, photography studios, and writers
and artists offices.
"Office, Professional" means an office -type facility occupied by a business providing
professional services. Examples of these uses include, but are not limited to accounting, auditing
and bookkeeping services, attorneys, counseling services, court reporting services, detective
agencies and similar services, financial management and investment counseling, literary and
talent agencies, management and public relations services, psychologists, secretarial,
stenographic, word processing and temporary clerical employee services.
"Property line" means the recorded boundary of a lot or parcel of land. When two
property lines meet or join at an angle that is greater than 130 degrees, they are considered the
same property line for the purpose of defining one yard area and determining required yard
setbacks.
"Relocation assistance" means the provision of rental assistance to low-income
residential unit tenants that are: a) required to vacate a dwelling unit due to unit renovation,
conversion or demolition proposed in conjunction with a development project or property
improvements; and b) pennanently displaced from the premises by a landlord or property owner,
where the tenant is required to seek and secure new housing. A permanently displaced resident
qualifying for relocation assistance shall be a tenant of record listed either on a current lease or
rental agreement that meets the County of Marin criteria as a low-income household. Relocation
assistance is administered under Section 14.16.279 of this title.
"School, specialized education and training" means private school uses offering
instruction in areas such as, but not limited to, art, business trade, dance, computers and
electronics, drama, drivers education, language, music, performing arts, sports (e.g., individual or
group golf or baseball, etc.) or vocational trades. Does not include pre-schools and child day care
facilities (see "day care centers").
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-6
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
"Setback" means the distance between the property line and the exterior wall of a
structure, excluding architectural features and other structures referenced in Section 14.16.130 of
this title. Building setbacks are measured from established lot lines, irrespective of location of
easements. See also definitions for "Yard".
"Subterranean" means a structure, improvement or building floor level that is
constructed entirely below ground with all points to the top of the structure or floor level being
situated entirely below natural and finished grade; exclusive of any excavations made to provide
required ingress or egress.
"Water -efficient landscape" means landscaping and irrigation that has been designed
and installed to comply with Marin Municipal Water District (MMWD) Ordinance No. 414, as
adopted by reference in Section 14.16.370 of this title. A water -efficient landscape is designed to
conserve water usage by establishing and applying a `maximum applied water allowance,' which
is the upper limit of annual applied water for a landscape area based on the local evaporation
factor, and site-specific factors such as soil, slope and planting conditions. The requirements for
a water -efficient landscape are administered under Section 14.16.370 of this title.
6. Amend Chapter 14.03 (Definitions), Section 14.03.030 amending the following
definitions:
"Cocktail lounge" means a use providing preparation and retail sale of alcoholic
beverages, on a licensed "on -sale" basis, for consumption on the premises, including taverns, bars
and similar establishments where food service is subordinate or accessory to the sale of alcoholic
beverages. Cocktail lounge does not include a frill service alcohol or beer and wine bar that is
established and operated as an accessory use within a full-service restaurant, provided that the bar
is integrated within and open to the main dining area, and operating during the same hours as the
primary food service use.
"Downtown" encompasses those lots as shown on the downtown districts map within the
Neighborhoods Element of the San Rafael General Plan.
"Gross building square footage, hillside areas." Hillside areas gross building square
footage" means the sum of all enclosed or covered areas of each floor or all structures on the site,
measured to the exterior of the enclosing walls, columns or posts including basement areas,
unfinished attic or loft spaces and other areas capable of being finished into habitable space as
determined by the California Building Code; garages and carport areas six feet (6) or more above
the natural grade, measured to the exterior face of surrounding walls, column, or posts; other
roofs or covered areas supported by walls, columns or posts and capable of being enclosed,
measured to the exterior face of surrounding walls, columns or posts; roof penthouses; and
accessory structures greater than one hundred twenty (120) square feet in floor area. Excluded are
areas permanently open to the sky; exterior areas under roof eaves, trellises or cantilevered
overhangs and attic spaces and under -floor spaces that are not capable of being finished into
habitable space.
"Lot coverage" means that portion of the lot covered by buildings, including stairways;
covered walkways; covered patios; covered parking structures; covered decks or uncovered decks
over thirty inches (30") in height; and detached recreational and storage structures that are greater
than 120 square feet in size. Lot coverage excludes ground level landscaped areas, walkways and
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-7
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered
recreational and uncovered parking and driveway areas, portions of structures that are located
below existing grade, and detached recreational and storage structures that are 120 square feet or
less in size.
"Office, medical". "Medical office" means a facility, other than a hospital, where
medical, dental, mental health, surgical, and/or other personal health care services are provided
on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic,
preventative or corrective treatment services by doctors, dentists, medical and dental laboratories,
chiropractors, counselors, physical therapists, acupuncturists and psychiatrists, and similar
practitioners of medical and healing arts for humans licensed for such practice by the State of
California. Medical office uses typically require use of specialized medical equipment and
medical training, increased support staff needs, multiple patient treatment rooms, and patient
waiting areas. Counseling services and other services provided by non medical professionals may
also be included under "Offices, General."
"Personal service" means provision of service of a personal nature. This classification
includes, but is not limited to, barber and beauty shops, nail/manicure shops, dry cleaners, tailors,
shoe repair shops, cosmetologist, skin -care consultant, esthetician, massage/bodywork and
acupressure.
"Retaining wall" means a wall that is constructed to hold back or support an earthen
bank, slope or hillside.
"Ridgeline" means a line following the long axis of a ridge (e.g., a long, narrow,
conspicuous elevation of land) or knoll, comprised of the points of the highest ground elevation in
locations that have been identified on the ridgeline map (aka, "City of San Rafael Ridgeline Map"
on file with the Planning Division). For purposes of review under the —H hillside overlay zoning
regulations, a "visually significant ridgeline" shall include the area within 100 vertical feet of a
ridgeline as identified on the San Rafael Ridgeline Map and located within "visually significant
hillside, ridges and landfonns areas" as designated on the community design map exhibit of the
general plan.
"Structure" means anything constructed or erected that requires a foundation or a
structural support on the ground, including a building or public utility, but not including: a fence
or a wall used as a fence if the height does not exceed six feet (6); retaining walls under three feet
(3') in height; in -ground swimming pools; parking lots and access drives or walks; and storage
sheds or recreational/play structures that are one hundred and (120) square feet or less in floor
area.
"Yard, front" "Front yard" means an open area extending along the full width of a lot
between side lot lines and from the front lot line to a parallel line at a distance equal to the depth
of the required yard (i.e., required setback area), within which no structure shall be located except
as provided and/or permitted in this title. The front yard should be consistent with the orientation
of the other lots and improvements on the same side of the street or consistent with any prior
determination that was made to define the front yard. The front yard is usually the side where the
main building entrance is located and in the general direction in which the main building faces.
Front yards sliall be determined for lots as follows:
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-8
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
1. For a corner lot with two street frontages, the front yard is typically the narrower
of the two frontages, except where an existing front building setback has clearly been established
by prior property development.
2. For an interior lot with an irregular-shaped frontage, the front yard is defined as
all portions of the lot that are parallel to and immediately front the road right-of-way or easement
that provides access to the lot.
3. For a triangular shaped lot with fewer than four lot lines, the director may
determine the front yard location based on orientation of the building entrance and surrounding
development pattern.
4. For a flag or panhandle lot, the front yard is defined as all portions of the lot
within the required front setback measured from the longest property line that is most parallel and
nearest to the public street. The panhandle portion of the lot shall not be used in determining the
required setbacks. See Title 15, Section 15.06.030(d).
7. Amend Chapter 14.04 (Residential Districts), Table 14.04.020, to read as follows:
Table 14.04.020
Type of Land Use
R
DR
MR
HR
PD
Additional Use Regulations
Residential Uses
Single-family residential
P
P
P
P
C
I
Duplex residential
P
P
P
C
Multifamily residential
P
P
C
Animal keeping
C
C
C
C
C
See standards, Chapter 14.17. See
Chapter 6.04.
Boardinghouse or rooming
C
C
C
house
Conversion of senior
housing to non -senior
C
C
C
C
C
housing
Emergency shelters for the
homeless
Permanent
C
Temporary or rotating
C
C
C
C
C
Home occupations
P
P
P
P
P
See regulations, Chapter 14.16.
Mobilehome parks
C
C
See standards, Chapter 14.17.
Residential care facilities
for the handicapped
Small (0-6 residents)
P
P
P
P
C
Large (7 or more
P
P
P
P
C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-9
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
residents)
Residential care facilities,
other
Small (0--6 residents)
P
P
P
P
C
Large (7 or more
C
C
residents)
Second dwelling units
(800 square feet in size or
P
P
P
P
P
See standards, Chapter 14.16.
less)
Second dwelling units
(greater than 800 square
feet in size or in a separate
C
C
C
C
C
See standards, Chapter 14.16.
building not meeting
required setback or height
requirements)
Visitor Accommodations
Bed and breakfast inns
C*
C
C
C
*On non -hillside lots, 20,000 square
feet or larger.
Hotels and motels
C
C
Day Care
Day care facility, child or
adult
Family day care home
Small (0--8 children or
P
P
P
P
P
adults)
Large (9--14 children)
CZ
CZ
CZ
CZ
CZ
See standards, Chapter 14.17.
Large (9--14 adults)
C
C
C
C
C
Day care center (15 or
*Prohibited in R2a, R1 and PD
more children or adults)
C*
C
C
C
C*
districts, and R20 hillside residential
lots.
Public and Quasi -Public
Uses
Clubs and lodges,
C
C
C
including youth groups
Open space
P
P
P
P
P
Public parks, playgrounds
P
P
P
P
P
and recreation facilities
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-10
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Religious institutions
Schools
Public
Parochial, private
EXHIBIT A
C* C C C
P* P P P
C* C C C
Use of closed school sites C* C C C
Offices and Related Uses
Medical services (medical,
dental and health-related
services with sale of
articles clearly incidental
to the services provided)
Hospitals
Major medical facilities,
including extended care
facilities (treatment and
convalescent) and
children's treatment
facilities
Commercial Uses
Plant nurseries and garden
supply
Transportation Facilities
Parking lot, public or
private
Accessory Structures and
Uses
*Prohibited in R2a, Rla and PD-
C* hillside districts, and R20 hillside
residential lots.
*Prohibited in R2a, Rla and PD-
C* hillside districts, and R20 hillside
residential lots.
*Prohibited in R2a, Rla and PD-
C* hillside districts, and R20 hillside
residential lots.
May include: child care programs;
educational, recreational, cultural and
religious classes, programs, and
activities; administrative offices
incidental to educational service
C* uses; churches; counseling groups
and those private business uses which
would be permitted as home
occupations. *Prohibited in R2a,
Rla, and PD -hillside districts, and
R20 hillside residential lots.
C C
C C C
C C C C
C C C See regulations, Chapter 14.18.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
A-1 I
EXHIBIT A
Accessory structures and
uses customarily incidental P P P P P See regulations, Chapter 14.16.
to a pennitted use and
contained on the same site
8. Amend Chapter 14.04 (Residential Districts), Section 14.04.030 to read as follows:
14.04.030 Property development standards (R).
N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter
14.16, Site and Use Regulations, for additional regulations pertaining to site development
standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable
adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits for
a listing of improvements subject to review (including upper story additions), and design
guidelines and criteria for development.
9. Amend Chapter 14.04 (Residential Districts), Table 14.04.030 to read as follows:
Table 14.04.030
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-12
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
R2a
Rla
R20
R10
R7.5
R5
Additional
Standards
5,000/
Minimum lot
2 acres
l acre
20,000
10,000
7,500
6,000
(A)
area (sq. ft.)
(comer)
Minimum lot
150
150
100
75
60
50/60
width (feet)
(corner)
Minimum yards
Front (ft.)
20
20
20
20
15
15
(B), (C)
10% of
Side/Street
15
15
12'6"
10
6
lot width
(D), (E)
Side (ft.)
min. 3',
max. 5'
Rear (ft.)
25
25
10
10
10
10
Maximum
height of
30
30
30
30
30
30
(F)
structure (ft.)
Maximum lot
20%
25%
30%
40%
40%
40%
coverage
50%/75
50%/75
50%/75
50%/75
50%/75
50%/75
Maximum upper
% of lot
% of lot
% of lot
% of lot
% of lot
% of lot
(F),(G),(H)
story floor size
coverage
coverage
coverage
coverage
coverage
coverage
calculatio
calculatio
calculatio
calculatio
calculatio
calculatio
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-12
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
it n 11 n 11 n
Private yard NR NR NR NR NR NR
area
* Based on
Parking * * * * * * use. See
14.18.040.
(A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square
feet. See Section 14.16.300, Small lots.
(B) Where two (2) or more lots in a block have been improved with buildings, the minimum
required shall be the average of improved lots on both sides of the street for the length of the
block. For purposes of determining average front setback oil developed lots, setback should be
measured from the property lisle to closest wall of any principal structure.
(C) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992
or carport built after January 1, 2006 shall be set back twenty feet (20').
(D) Oil a reverse corder lot, the rear twenty feet (20') of the street side yard shall have a fifteen -
foot (15') setback.
(E) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been
improved with buildings, the minimum required shall be the average of improved lots within the
same district on both sides of the street for the length of the block.
(F) In the -EA Combining District, maximum height of seventeen feet (I T) to peak, and one
habitable floor.
(G) For design criteria for upper -story construction, see Section 14.25.050(F)(6), Upper -Story
Additions.
(H) For lots less than 5,000 sf, the maximum upper story shall be 50% of the maximum lot
coverage calculation; for lots 5,000 sf and larger, maximum upper story size shall be 75% of max.
lot coverage calculation.
10. Amend Chapter 14.04 (Residential Districts), Section 14.04.040 to read as follows:
14.04.040. Property development standards (DR, MR, HR).
NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to other
site development standards, Chapter 14.23, Variances, Chapter 14.24, Exceptions, for allowable
adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits,
for a listing of improvements subject to review of (including addition of new units or additions of
floor area to existing units) and design guidelines and criteria for development.
11. Amend Chapter 14.04 (Residential Districts), Table 14.04.040 to read as follows:
Table 14.04.040
DR MR5 MR3 MR2.5 MR2 HR1.8 HR1.5 HR1
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Additional
Standards
A-13
EXHIBIT A
Minimum lot
51000.1
6,000
6,000
6,000
6,000
6,000
6,000
6,000
6,000
area (sq. ft.)
(corner)
Minimum lot
area/ dwelling
unit (sq. ft.)
2,500
5,000
3,000
2,500
2,000
1,800
1,500
1,000
(A), (B),
(Max.
(C)
Residential
Intensity)
Minimum lot
50/60
(corner
60
60
60
60
60
60
60
width (ft.)
lot)
Minimum yards
Front (ft.)
15
15
15
15
15
15
15
15
(D), (E)
10% of
10% of
10% of
10% of
lot
lot
lot
Side (ft.)
lot width,
10
10
10
l0
width,
width,
width,
min 3'
min. 3'
min. 3'
min. 3'
max. 5'
max.
max.
►nax.
5'
5'
5'
Street side
10
10
10
10
10
10
10
10
(E), (F),
(ft.)
(G)
Side
providing
NA
15
15
15
15
12
12
12
(F), (N)
pedestrian
access (ft.)
Rear (ft.)
10
5
5
5
5
5
5
5
(F), (H), (I)
Distance
between res.
structures
No primary
pedestrian
access to
NA
15
15
15
15
8
8
8
(N)
structures
(ft.)
Primary
pedestrian
access to
NA
20
20
20
20
20
20
20
structures
(ft.)
Maximum
height of
30
36
36
36
36
36
36
36
(J), (K)
structure (ft.)
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
A-14
Title 14 (Zoning) —Adopted
June 7, 2010
Z009-001
EXHIBIT A
Maximum lot 40% 40% 50% 50% 50% 60% 60% 60%
coverage
Minimum usable
outdoor area
(common and+'or 200 200 200 200 200 150 150 100 (L)
private)/Dwellin
g unit (sq. ft.)
(A) Outside of downtown, only one unit is permitted, and no additional units are permitted, on
lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots).
(B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room.
(C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus).
(D) Where two (2) or more lots in a block have been improved with buildings, the minimum
required shall be standard, or the average of improved lots on both sides of the street for the
length of the block, whichever is less.
(E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991
shall be set back twenty feet (20').
(F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all
required yards, per Section 14.18.200 (Location of parking and maneuvering areas) of this title.
(G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20') of the street side
shall have a fifteen foot (15') setback.
(H) In the MR or HR districts, where development is adjacent to a single-family district, the rear
yard setback shall be ten feet (10').
(1) In order to provide adequate privacy and sunlight, additional separation may be required
through design review.
(J) The height limit in the Latham Street neighborhood ranges from thirty feet (30') to thirty-six
feet (36'). See the downtown height map for lot -specific information.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus).
(L) Private yard areas shall have a minimum dimension of six feet (6). In the HR districts,
common indoor area suitable for recreational uses may be counted toward the usable outdoor area
requirement.
(M) Where a driveway is located in a side yard, a minimum of three feet (3') of buffer
landscaping shall be provided between the driveway and side property line. The required rear
yard shall be landscaped to provide a buffer.
(N) Setback distances apply to areas that provide a primary pedestrian access only.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-15
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
50%
50%
50%
50%
50%
50%
50%
50%
front
front
front
front
front
front
front
front and
and
and
and
and
and
and
and
Landscaping street
(M)
side
street
street
street
street
street
street
street
side
side
side
side
side
side
side
yards
yards
yards
yards
yards
yards
yards
yards
* Based on
Parking *
*
*
*
*
*
*
*
use. See
14.18.040.
(A) Outside of downtown, only one unit is permitted, and no additional units are permitted, on
lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots).
(B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room.
(C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus).
(D) Where two (2) or more lots in a block have been improved with buildings, the minimum
required shall be standard, or the average of improved lots on both sides of the street for the
length of the block, whichever is less.
(E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991
shall be set back twenty feet (20').
(F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all
required yards, per Section 14.18.200 (Location of parking and maneuvering areas) of this title.
(G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20') of the street side
shall have a fifteen foot (15') setback.
(H) In the MR or HR districts, where development is adjacent to a single-family district, the rear
yard setback shall be ten feet (10').
(1) In order to provide adequate privacy and sunlight, additional separation may be required
through design review.
(J) The height limit in the Latham Street neighborhood ranges from thirty feet (30') to thirty-six
feet (36'). See the downtown height map for lot -specific information.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus).
(L) Private yard areas shall have a minimum dimension of six feet (6). In the HR districts,
common indoor area suitable for recreational uses may be counted toward the usable outdoor area
requirement.
(M) Where a driveway is located in a side yard, a minimum of three feet (3') of buffer
landscaping shall be provided between the driveway and side property line. The required rear
yard shall be landscaped to provide a buffer.
(N) Setback distances apply to areas that provide a primary pedestrian access only.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-15
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
12. Antend Chapter 14.05 (Conunercial and Office Districts), Table 14.050.020 to read as
follows:
Table 14.05.020
Type of Land Use GC NC O C/O RIO FBWC* Additional Use
Regulations
Commercial Uses
Animal sales and
service, excluding
exterior kennels, pens or
runs
Animal care
CZ CZ
CZ
facilities
Animal retail sales
P P
P
Boat sales
CZ
CZ
Building materials and
supplies
Brick, gravel, rock,
concrete, lumber
P*
P*
C
and tile sales
Electrical supply
P*
P*
C
stores
Equipment rental
P*
P*
C
business
Glass and window
P*
P*
C
stores
Hardware stores
P* P*
P*
P*
C
Paint stores
P*
P*
C
Plumbing stores
(and ancillary
P*
P*
C
service)
Business sales and
service
Blueprint and
P P
P
P
photocopy shops
Computer services
P P
P
P
Locksmith shop
P P
P
P
Office furniture
P P
P
P
C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
See Chapter 10.24.
*See Outdoor storage.
A-16
EXHIBIT A
sales and rentals
Office supply and
business machine
P
P P
shops
Printing shops
P
P P
Card rooms
Coffee roasters
CZ
CZ
Food and beverage
service establishments
Brew pubs
CZ
CZ
Catering
p
CZ P
establishments
Cocktail lounges
C
C
Fast food
C
C C
restaurants
Food service
establishment, high
C
C
volume
Food service
establishment (with
or without incidental
serving of beer or
wine or ancillary
bar), but without a
cocktail lounge or
live entertainment as
defined under
Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or
P
P P P
less in size
(2) More than 1,000
P
CZ CZ P
sq. ft. in size
Food service
establishment with a
P C
CZ
CZ
P C
CZ CZ
cocktail lounge, live CZ CZ CZ CZ
entertainment,
and/or dancing
Live Entertainment/
Dancing (without C C C
food service)
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
See Chapter 10.36.
A-17
EXHIBIT A
For outdoor eating areas
on private property see
Section 14.17.110
Outdoor eating A* A* A* A* A* A* standards. For outdoor
areas seating areas located on
city sidewalks or rights-
of-way, see Section
14.16.277 standards.
Food and beverage
stores
Bakeries, retail (and
ancillary food P P P P P C
service)
Candy stores and P P P
confectioneries
Convenience CZ CZ CZ CZ
markets
*Operating between 11
p.rn. and 6 a.m. requires a
Grocery stores and use permit (CZ) to review
supermarkets P* P* P* C C lighting, noise, and
compatibility with
surrounding residential
uses.
Liquor stores
(1) Less than 200 ft.
from residential CZ CZ CZ CZ CZ
district
(2) 200 ft. or more
from residential P P P C C
district
See Chapter 14.17
Fortunetelling A A standards. *Rear ground
level or 2nd floor or
above.
Funeral intennent
services (including CZ CZ
mortuaries, but
excluding crematories)
Kiosks CZ CZ CZ CZ CZ
Motor vehicle sales and
service (including
automobiles,
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-18
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
motorcycles, trailers,
trucks and recreational
vehicles)
Auto detailing CZ
Coin -op washing C C C
Gasoline stations
(including mini -
markets, and minor
repair, such as tune- C C C C
ups, brakes,
batteries, tires, and
mufflers)
Rentals
CZ
CZ CZ
Repairs, major
(engine work,
CZ
painting, and body
work)
Repairs, minor
(tune-ups, brakes,
batteries, tires,
CZ
CZ CZ
mufflers and
upholstery)
Sales, new or used
vehicles
(1) Five or fewer
vehicles displayed
CZ
CZ
or stored on-site
(2) More than five
vehicles displayed
C
C
or stored on-site
Sales, parts and
P
P
supplies
Sales, tires and
CZ
CZ
ancillary service
Music
rehearsal/recording
CZ
CZ
studios
Outdoor storage,
including temporary or
CZ
CZ CZ CZ
permanent storage
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
x
See Chapter 14.16.160
C C regulations. For repair,
see Chapter 14.17
standards.
See Chapter 14.17
standards.
CZ C See Chapter 14.17
standards.
CZ
C
C
CZ
C
A-19
EXHIBIT A
containers
Personal service
establishments
Artistic and
photographic
studios, without sale
P
P
P
of equipment or
supplies
Barber shops/beauty
p
P
P
P
P
C
salons
Dry cleaning
establishments, with
P
P
P
P
P
no on-site
processing
Dry cleaning
establishments, with
CZ
CZ
CZ
CZ
CZ
on-site processing
Laundromats (self
P
P
P
P
service)
Massage and/or
bodywork offices or
P
P
P
P
P
establishments
Nail salons
P
P
P
P
P
Seamstress/tailor
P
P
P
P
P
Shoe repair
P
P
P
P
P
Recreational facilities
(indoors)
Bowling alleys
C
C
C
Game arcades
C
C
Fitness/Recreation
CZ
CZ
CZ
CZ
CZ
facility
Pool halls/billiards
C
C
C
Theaters
C
C
C
C
Retail
Antique stores
P
P
C
Apparel stores
P
P
C
Appliance stores
P
P
C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
See Chapter 8.34.
See Chapter 10.32.
See Chapter 14.17
standards.
A-20
EXHIBIT A
(and ancillary
repair)
(televisions, radios,
P
P
Art, craft, music and
computers, etc.)
photographic supply
P P
P
C
stores
P P
Auctions
P
P See Chapter 10.16.
Bicycle shops
P P
P
C
Book, gift,
P P
P
C
stationery stores
repair)
Department stores
P
P
C
Discount stores
P
P
C
Drug stores and P* P* P* C C
pharmacies
*Operating between 11
p.m. and 6 a.m. requires a
use permit (CZ) to review
lighting, noise, and
compatibility with
surrounding residential
uses.
Electronics sales
(televisions, radios,
P
P
C
computers, etc.)
Florist shops
P P P
P P
Furniture stores and
upholstery shops
P
P
C
(and ancillary
repair)
Gun shops
C
C
See Chapter 14.17
standards.
Jewelry stores
P
P
Plant nurseries and
P* P*
P*
C
*See Outdoor storage.
garden supply
Secondhand stores
CZ
CZ
See Chapter 10.20.
and pawnshops
Shoe stores
P
P
C
Shopping centers
C C
C
C
Sporting goods
P
P
C
stores
Stamp and coin
P
P
shops
AMENDMENTS TO SAN RAFAEL MUNICIPAL
CODE
A-21
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
Swimming pool P P
supplies
Tobacco Retailer, C C
Significant
Toy stores
P
P P
Variety stores
P
P
Video sales and
P
P P
rentals
Offices and Related
Uses
Financial services and
P
P P P
institutions
Medical services
(medical, dental and
health-related services,
with sale of articles
clearly incidental to the
services provided)
C
E•
P P
Clinics C C C C** C
Hospitals C
Major medical
facilities, including
extended care
facilities (treatment C
and convalescent)
and children's
treatment facilities
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
C
Shall not be located
within 1,000 feet 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.
**4th Street west of D
Street: Rear ground level
or 2nd floor or above.
A-22
EXHIBIT A
Laboratories CZ CZ CZ CZ** CZ
Medical offices CZ CZ P P* P
Offices, general CZ P* P P** P
Public and Quasi -
Public Uses
Clubs and lodges,
C
C
C
including youth groups
Public facilities
Administrative
C
P
P*
offices
Day services center
C
C
C
C
Job center
C
Libraries, museums
and other cultural
C
C
C
C
facilities
Public and utility
facilities
(corporation,
maintenance or
storage yards, utility
distribution
facilities, etc.)
Public facilities,
other (police, fire,
C
C
C
C
paramedic, post
office, etc.)
Public parks,
playgrounds, and
P
P
P
P
recreation facilities
Religious institutions
C
C
C
C
Schools
Parochial, private
C
C
C*
AMENDMENTS TO SAN RAFAEL
MUNICIPAL CODE
Title 14 (Zoning) — Adopted June
7,
2010
Z009-001
P
[a]
C
C
C C
P
C
C
**4th Street west of D
Street: Rear ground level
or 2nd floor or above.
*4th Street west of D
Street: Rear ground level
or 2nd floor or above.
*Rear ground level or
2nd floor or above. **4th
Street west of D Street:
Rear ground level or 2nd
floor or above.
*Rear ground level or 2nd
floor or above.
*Rear ground level or 2nd
A-23
EXHIBIT A
Public P P P P
P
Specialized
C C
education and CZ CZ CZ
CZ
training
A A
Residential Uses
Single-family
C
residential
Duplex residential
C
Multifamily residential A C P A
P
Animal keeping
Caretaker's residence
Emergency shelters for
the homeless
Permanent
Temporary or
rotating
Home occupations
Live/work quarters
Mobilehome park
Residential care
facilities for the
handicapped
Small (0-6
residents)
Large (7 or more
residents)
Residential care
facilities, other
Small (0-6
residents)
Large (7 or more
A
CZ CZ CZ CZ CZ CZ
CZ CZ CZ CZ CZ C
C
C
C C
C C
P P
P P
A A
A A
C
C C
P P
A A
C
P P
P
P
P P
P P
P
P
P P
P P P P
C C C C
P P
C C
floor or above.
*See Chapter 14.17
standards.
Only in a mixed-use
development. See Chapter
14.17 standards.
See Chapter 14.17
standards.
See Chapter 14.16
regulations.
See Chapter 14.17
standards.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-24
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
residents)
Rooming or boarding
A
C
A A
A
A
See Chapter 14.17
houses
standards.
Day Care
Day care facility, child
or adult
Family day care
Small (0-8
children or
P
P
P
adults)
Large (9-14
CZ
CZ
CZ
See Chapter 14.17
children)
standards.
Large (9-14
CZ
CZ
CZ
adults)
Day care center (15
or more children or
CZ
CZ
CZ CZ
CZ
C
adults)
Visitor
Accommodations
Hotels, motels, or bed
C
C
C
C
and breakfast inns
Transportation
Facilities
Bus stations
C
C
C
"Park and ride"
CZ
CZ
CZ
C
facilities
Parking facilities,
commercial or
CZ
CZ CZ
CZ
C
municipal
Taxi stations
C
C
C
Transit stations or
C
C
C
See Chapter 10.60.
transitways
Temporary Uses
Temporary uses
A
A
A A
CZ
A
See Chapter 14.17
standards.
Accessory Structures
and Uses
AMENDMENTS TO SAN RAFAEL
MUNICIPAL CODE
A-25
Title 14 (Zoning) —Adopted June 7, 2010
ZO09-001
EXHIBIT A
Accessory structures and
uses customarily See Chapter 14.16
incidental to a permitted P P P P P P
use and contained on the regulations.
same site.
13. Amend Chapter 14.05 (Commercial and Office Districts), Table 14.05.022 (Downtown
Districts) to read as follows:
Table 14.05.022
Type of Land Use 4SRC HO CSMU 2i3 2i3 WEV 5/M
MUE MUM R/O
Commercial Uses
Animal sales and service,
excluding exterior kennels,
pens or runs (1)
Animal care facilities CZ CZ CZ CZ CZ CZ
Animal retail sales P P(27) P CZ P
Building materials and
supplies
Brick, gravel, rock,
concrete and lumber sales
Electrical supply stores
Equipment rental
businesses (2)
Glass and window stores
Hardware stores (2)
P
P
Paint stores (2)
P
P
Plumbing supply stores
(and ancillary service)
Business sales and service
Blueprint and photocopy
P
P
shops
Computer services
P
P
Locksmith shop
P
P
Office furniture sales and
P
P
rentals
AMENDMENTS TO SAN RAFAEL MUNICIPAL
CODE
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
P(3) P
1-1
P P P P
P P P
P P P P P(4)
P P P P P(4)
P P P P P(4)
P P P P P(4)
A-26
EXHIBIT A
Office supply and business
P
P P
machine shops
P
CZ P(4)
Printing shops
CZ
CZ CZ
Card rooms (5)
C
C
Coffee roasters
CZ
CZ CZ
Food and beverage service
establishments
Brew pubs
CZ
CZ CZ
Catering establishments
CZ
CZ CZ
Cocktail lounges (without
C
C C
food service)
Fast food restaurants
C
C C
Food service
establishment, high
C
C C
volume
Food service establishment
(with or without incidental
serving of beer or wine or
ancillary bar), but without
a cocktail lounge or live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less in
P
P P
size
(2) More than 1,000 sq. ft.
P
P P
in size
Food service establishment
with a cocktail lounge, live
CZ
CZ CZ
entertainment, and/or
dancing
Live entertainment and/or
dancing (without food
C
C C
service)
Outdoor eating areas (6)
A
A A
Food and beverage stores
Bakeries, retail (and
P
P P
ancillary food service)
Candy stores and
P
P P
AMENDMENTS TO SAN RAFAEL
MUNICIPAL
CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
P P P P(4)
CZ CZ CZ CZ(4)
CZ CZ CZ CZ(4)
CZ
CZ
CZ
P
P
CZ P(4)
C
C
C C(4)
C
C
C
C
C
C
P P P P(4)
P P P CZ(4)
CZ CZ CZ CZ (4)
C C C C
A A A A(4)
P P P P(4)
P P P P(4)
A-27
EXHIBIT A
confectioneries
CZ CZ(4)
Convenience markets (7)
CZ CZ CZ
Grocery stores and
P P P
supermarkets (7)
CZ
Liquor stores
CZ CZ
(1) Less than 200 ft. from
CZ CZ CZ
residential district
(2) 200 or more ft. from
P P P
residential district
Fortunetelling (8)
A(9) A(9) A
Funeral and interment services
(including mortuaries, but
excluding crematories)
Kiosks
CZ CZ CZ
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and recreational
vehicles)
Auto detailing
Coin -op washing
Gasoline stations
(including mini -markets,
and minor repair, such as
C
tune-ups, brakes, batteries,
tires, and mufflers) (10)
Rentals
Repairs, major (engine
work, painting, and body
work) (11)
Repairs, minor (tune-ups,
brakes batteries tires
CZ CZ CZ CZ(4)
P P P C(4)
CZ CZ
CZ CZ(4)
P P
P CZ(4)
A
A(9)
CZ
CZ
CZ CZ
CZ CZ
CZ
CZ
C
C
C
C C
CZ(2) CZ(2)
'5 1CZ CZ(3) CZ
CZ
mufflers and upholstery)
(ll)
Sales, new or used C
vehicles
Sales, parts and supplies P P P P P
Sales, tires and ancillary CZ CZ
service
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) —Adopted June 7, 2010
ZO09-001
CZ
P P(4)
A-28
EXHIBIT A
Music rehearsal/recording
CZ(9)
CZ
CZ
CZ
CZ
CZ(9)
CZ
studios
Outdoor storage, including
temporary or permanent
CZ
storage containers
Personal service
establishments
Artistic and photographic
studios, without sale of
P
P
P
P
P
P
P(4)
equipment or supplies
Barber shops/beauty
P
P
P
P
P
P
P(4)
salons
Dry cleaning
establishments, with no
P
P
P
P
P
P
P(4)
on-site processing
Dry cleaning
establishments, with on-
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
site processing
Laundromats (self-service)
P
P
P
P
P
P(4)
(7)
Massage and/or bodywork
offices or establishments
P(9)
P(9)
P(9)
P(9)
P(9)
P(9)
P(9)
(12)
Nail salons
P
P
P
P
P
P
P(4)
Seamstress/tailor
P
P
P
P
P
P
P(4)
Shoe repair
P
P
P
P
P
P
P(4)
Recreational facilities
(indoors)
Bowling alleys (13)
C
Game arcades (14)
C
C
C
C
Fitness/Recreation facility
CZ
CZ
CZ
CZ
CZ
CZ
CZ (4)
Pool halls/billiards
C
C
C
C
Theaters
C
C
C
C
C
C
Retail
Antique stores
P
P(27)
P
P
P
P
P(4)
Apparel stores
P
P(27)
P
P
P
P
P(4)
Appliance stores (and
P
P(27)
P
P
P
P
P(4)
ancillary repair)
AMENDMENTS TO SAN RAFAEL
MUNICIPAL CODE
A-29
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
Art, craft, music and
photographic supply
P
P
P
P
P
P
P(4)
stores
Auctions (15)
P
P
P
P
P
P
P(4)
Bicycle shops
P
P(27)
P
P
P
P
P(4)
Book, gift, stationery
P
P
P
P
P
P
P(4)
stores
Department stores
P
P
P
P
P
P
P(4)
Discount stores
P
P
P
P(16)
P
P
P(4)
Drug stores and
P
P
P
P
P
P
P(4)
pharmacies (7)
Electronics sales
(televisions, radios,
P
P
P
P
P
P
P(4)
computers, etc.)
Florist shops
P
P
P
P
P
P
P(4)
Furniture stores and
upholstery shops (and
P
P(27)
P
P
P
P
P(4)
ancillary repair)
Gun shops
C
C
C
C
C
Jewelry stores
P
P(27)
P
P
P
P(4)
Plant nurseries and garden
P(2)
P(2)
P(2)
P(2)
P(2)
P(2)
P(2)(4)
supply
Secondhand stores and
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
pawnshops (17)
Shoe stores
P
P(27)
P
P
P
P
P(4)
Shopping centers
C
C
C
C
C
C
C(4)
Sporting goods stores
P
P(27)
P
P
P
P
P(4)
Stamp and coin shops
P
P(27)
P
P
P
P
P(4)
Swimming pool supplies
P
P
P
P
P
P
Tobacco Retailer,
C(28)
C(28)
C(28)
C(28)
C(28)
Significant
Toy stores
P
P(27)
P
P
P
P
P(4)
Variety stores (7)
P
P
P
P
P
P
P(4)
<2,000
Video sales and rentals
P
P(27)
P
sf. P
2000+
P
P
P(4)
sf. CZ
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-30
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
Offices and Related Uses
Financial services and P(9), P P
institutions A(18)
Medical services (medical,
dental and health-related
services, with sale of articles
clearly incidental to the
services provided)
Clinics C(9) C C
Hospitals
Major medical facilities,
including extended care
facilities (treatment and
convalescent) and
children's treatment
facilities
P P P(9)' P
A(l 8)
C C C(9)' C
C(18)
Laboratories CZ(9) CZ CZ CZ
Medical offices P(9) P P P
Offices, general A] 8)
P P P
C
CZ CZ(9, CZ
18)
P P(9), P
A(18)
P P(9), p
A(18)
Public and Quasi -Public
Uses
Clubs and lodges, including
C(9)
C
C
C
C
C(9)
youth groups
Public facilities
Administrative offices
A(l),
P
P
P
P
A(1), P
Day services center
C
Libraries, museums, and
C
C
C
C
C
C C
other cultural facilities
Public facilities, other
(police, fire, paramedic,
C
C
C
C
C
C C
post office, etc.)
Public parks, playgrounds, and
P
P
P
P
P
P P
recreational facilities
Religious institutions
C
C
C
C
C
C C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-31
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
Schools
Parochial, private
C(9)
C
C
C
C
C(9)
C
Public
P
P
P
P
P
P
P
Specialized education and
CZ (9,
CZ
CZ
CZ
CZ
CZ(9,
CZ
training
18)
18)
Residential Uses
Single-family residential
Duplex residential
P
P
Multifamily residential (19)
A
A(29)
A
A(20)
A
A
P
Animal keeping
A
A
A
A
A
A
A
Caretaker's residence
A
A(29)
A
A(20)
A
A
A
Emergency shelters for the
homeless
Permanent
Temporary or rotating
C
C
C
C
C
C
C
Home occupations (22)
P
P
P
P
P
P
P
Live/work quarters (19)
A
A(29)
A
A(20)
A
A
A
Residential care facilities for
the handicapped in dwelling
unit (19)
Small (0-6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more
p
P(29)
P
P(20)
P
P
P
residents)
Residential care facilities,
other in dwelling unit (19)
Small (0-6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more
C
C(29)
C
C(20)
C
C
C
residents)
Rooming or boarding houses
A
A(29)
A
A(20)
A
A
A
(19)
Day Care
Day care facility, child or
adult
Family day care
Small (0-8 children or
P
P
P
P
P
P
P
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-32
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
adults)
Large (9-14 children) CZ CZ CZ CZ CZ CZ CZ
Large (9-14 adults) C C C C C C C
Day care center (15 or more CZ(9) CZ CZ CZ CZ CZ(9) CZ
children or adults)
Visitor Accommodations
Hotels, motels, or bed and C C C C C C C
breakfast inns
Transportation Facilities
Bus stations C C
"Park and ride" facilities CZ CZ CZ
Parking facilities, commercial CZ CZ CZ(3) CZ CZ CZ CZ
or municipal
Taxi stations (24) C C C
Transit stations or transitways C C C
Temporary Uses
Temporary uses (25) A A A A A A A
Accessory Structures and
Uses
Accessory structures and uses
customarily incidental to a P P P P P P P
permitted use and contained on
the same site (26)
(1) See Chapter 10.24.
(2) See "Outdoor storage."
(3) Use not allowed on lots which have frontage along "A" and "B" Streets.
(4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth
Avenue.
(5) See Chapter 10.36.
(6) 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.
(7) Operating after eleven p.m. (11:00 p.m.) requires a use permit (CZ).
(8) See Section 14.17.060 (Fortunetelling).
(9) Use allowed on Fourth Street frontage only in a rear ground level demised space behind a
separate retail demised space with a separate entrance or on the second floor or above.
(10) See Section 14.16.160 (Gasoline stations).
(11) See Section 14.17.090 (Motor vehicle repair uses).
(12) See Chapter 8.34. (13) See Chapter 10.32.
(14) See Section 14.17.070 (Game arcades).
(15) See Chapter 10.16.
(16) Office -support retail only.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-33
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
(17) See Chapter 10.20.
(18) Office use on the Fourth Street frontage is limited to customer -service office use only. See
Section 14.17.050 (Offices and financial institutions in the Fourth Street retail core and the West
End Village) of this title.
(19) See Section 14.17.100 (Residential uses in commercial districts).
(20) Residential use allowed if part of a mixed-use development.
(21) Repealed April 2006
(22) See Section 14.16.220 (Home occupations).
(23) See Section 14.17.040 (Family day care home, large).
(24) See Chapter 10.60.
(25) See Section 14.17.130 (Temporary uses).
(26) See Section 14.16.020 (Accessory uses).
(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 day care 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 facing Fourth Street
where residential use is allowed on the rear ground level and second floor and above.
14. Amend Chapter 14.05 (Commercial and Office Districts), Section 14.05.030 to read as
follows:
14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC).
NR: Not required unless otherwise noted in Additional Standards. NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23, Variances, and Chapter 14.24,
Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and
Design Review Permits for a listing of improvements subject to review and design guidelines and
criteria for development.
15. Amend Chapter 14.05 (Commercial and Office Districts), Table 14.05.030 to read as
follows:
Table 14.05.030
GC NC O C/O R/O FBWC Additional
Standards
Minimum lot 2,000/
area (sq. ft.) 69000 6,000 7,500 building 6,000 6,000
Minimum lot
area/dwelling 1,000 1,800 1,000 1,000 1,000 1,000 (A),(N),
unit (sf) (0)
(Max.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-34
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
Residential
20
Intensity)
6
Floor Area Ratio
10
(Max. Non -
NR
Residential
NR
Intensity)
NR
Minimum lot
60
width (ft.)
Minimum
yards:
Front (ft.)
NR
Side (ft.)
NR
Street side
NR
(ft.)
Rear (ft.)
NR
Maximum
height of 36
structure
Maximum lot NR
coverage
EXHIBIT A
* * *
60 60 NR
NR
20
NR
6
NR
10
NR 20
36 feet; 30
feet for a
residential- 36
-only
building
* *
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
36 36 36
NR 40% NR NR NR
* See
14.16.150
(B)
(B)
(B)
(B)
(C), (D),
(E), (F),
(G), (H)
Minimum 15% 10% 25% NR 10% 15% (I), (J), (K),
landscaping (L)
Usable outdoor NR NR NR NR NR NR (M)
area
* Based on
Parking * * * * * * use. See
14.18.040
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same as
required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the
respective side and/or rear yard shall be ten feet (10'). Parking or 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) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions
of Chapter 14.24, Exceptions.
(D) Hotels have a four (4) story fifty-four feet (54') height limit. A one-story twelve feet (12')
height bonus 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.
(E) Repealed 3/18/96.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-35
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
(F) 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.
(G) See general plan downtown height map for lot -specific height limits.
(H) A height bonus may be permitted in residential development as provided for in Section
14.16.190, Height bonus.
(I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%)
of the front yard shall be landscaped. Where the side yard abuts an R district, a minimum three
feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts an R district, ten
feet (10') of buffer landscaping must be provided.
(J) In the GC district, a minimum fifteen feet (15') of the front setback must be landscaped.
Landscaped portions of the public right-of-way may be included, subject to approval by the
hearing body.
(K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
(L) A landscaped amenity area for employees and the public is encouraged in office and
commercial projects.
(M) Provision of usable outdoor area is encouraged in residential development as part of a
mixed-use project.
(N) Outside of downtown, only one unit is permitted, and no additional units are permitted, on
lots less than five thousand (5,000) square feet, per Section 14.16.300 (Small lots).
(0) A density bonus may be granted, as provided for in Section 14.16.090.
16. Amend Chapter 14.05 (Commercial and Office Districts), Section 14.05.032 to read as
follows:
14.05.032 Property development standards (4SRC, HO, CSMU, 2/3 NUE, 2/3 NH W,
WEV, 5/M R/O).
NR: Not required unless otherwise noted in "Additional Standards."
Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24
(Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and
Design Review Permits) for a listing of improvements subject to review and design guidelines
and criteria for development.
17. Amend Chapter 14.05 (Commercial and Office Districts), Table 14.05.032 to read as
follows:
Table 14.05.032
4SRC HO CSMU 2/3 2/3
MUE MUW
Minimum Lot 2,000/
Area (sq. ft.) building
Minimum Lot
Area/Dwelling 600
Unit (sf) (Max.
6 000 2,000/ 6,000 6,000
' building '
600 600 600 1,000
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
5/M
Additional
WEV
R/O
Standards
6,000 6,000
1,000 1,000
(A), (M)
A-36
Residential
Intensity)
NR-
Floor Area
5
Ratio (Max.
NR
Non -Residential
(D)
Intensity)
NR
Minimum Lot
25
Width (ft.)
NR
Minimum
NR
Yards:
(B)
Front (ft.)
NR
Side (ft.)
NR
Street side
NR
(ft.)
Rear (ft.)
NR
Maximum
36-54
Height of
(102'
Structure (ft.)
Ctlls.
NR
Sq.)
Maximum Lot
NR
Coverage
10%
Minimum
NR
Landscaping
Ubl O td
EXHIBIT A
rflf� '
NR NR
NR NR
NR NR
NR NR
46-- 36-54
66
NR NR
10% NR
* * * * * See
14.16.150
60 60 25 60
aa e u oor NR NR NR NR NR NR NR (L)
Area
* Based on
use. See
Parking * * * * * * * 14.18.040,
14.18.060
and
14.18.061
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same as
required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the
respective side and/or rear yard shall be ten feet (10').
(C) In the 5/M R/O district west of "E" Street, the minimum front yard setback shall be fifteen
feet (15') or the average of improved lots on both sides of the street for the length of the block,
whichever is less, except that on Fifth Avenue east of "E" Street there shall be no minimum front
yard setback.
(D) In the Second/Third mixed use districts, the front yard must be landscaped, or a minimum
five feet (5') must be landscaped between the sidewalk and street.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-37
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
NR-
(B), (C),
5
5
NR
15
(D)
NR
NR
NR
NR
(B), (E)
NR
NR
NR
NR
(B)
NR
NR
NR
NR
(B), (E)
(F), (G), (H),
54
36--42
30-36
42
(I)
NR
NR
NR
NR
10%
10%
NR
10%
(J), (K)
aa e u oor NR NR NR NR NR NR NR (L)
Area
* Based on
use. See
Parking * * * * * * * 14.18.040,
14.18.060
and
14.18.061
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same as
required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the
respective side and/or rear yard shall be ten feet (10').
(C) In the 5/M R/O district west of "E" Street, the minimum front yard setback shall be fifteen
feet (15') or the average of improved lots on both sides of the street for the length of the block,
whichever is less, except that on Fifth Avenue east of "E" Street there shall be no minimum front
yard setback.
(D) In the Second/Third mixed use districts, the front yard must be landscaped, or a minimum
five feet (5') must be landscaped between the sidewalk and street.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-37
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
(E) Parking and maneuvering areas may be permitted in the required rear and side yards, per
Section 14.18.200 (Location of parking and maneuvering areas).
(F) See general plan downtown height map for lot -specific limits.
(G) Exceptions to the height limit may be granted, subject to the provisions of Chapter 14.24
(Exceptions).
(H) 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).
(I) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus).
(J) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent
(50%) of the front yard shall be landscaped. Where the side yard abuts an R district, minimum
three feet (3') of buffer landscaping must be provided. Where the rear of the lot abuts an R
district, six feet (6) of buffer landscaping must be provided.
(K) For parking lot landscaping, see Section 14.18.160 (Parking lot screening and landscaping).
(L) Provision of usable outdoor area is encouraged in residential development as part of a
mixed-use project.
(M) A density bonus may be granted, as provided for in Section 14.16.030.
18. Amend Chapter 14.06 (Industrial Districts), chapter title to read as follows:
Chapter 14.06 rN-DUSTRIAL DISTRICTS (I, LI/O, CCl/O, LMU)
Sections:
14.06.010 Specific purposes.
14.06.020 Land use regulations (I, LI/O, CCl/0 LMU).
14.06.030 Property development standards (I, LI/O, CCl/0 LMU).
19. Amend Chapter 14.06 (Industrial Districts), Table 14.16.020 to read as follows:
Table 14.06.020
Types of Land Use I LI/O CCl/0 LMU Additional Use
Regulations
Industrial Uses
Boat building and repair C
Industry, general
Asphalt mix plants C
*Permitted by right unless
within 300 feet of a
Assembly plants P P P P* residential district, in
which case it is "CZ,"
subject to a use permit.
Biotechnology firms C C C C
Cabinet shops P* P* P* P* *Permitted by right unless
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-38
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Candle making shop
Ceramic shop
EXHIBIT A
P*
P*
P*
P
P*
P*
Chemical manufacture or C
processing
Clothing manufacturing P
Concrete mix plants C
Contractor's yards P
(screened)
Dry boat storage C
Dry cleaning plants
Electronics industry
Food manufacture or
processing
Fuel yards
within 300 feet of a
residential district, in
which case it is "CZ,"
subject to a use permit.
*Permitted by right unless
within 300 feet of a
P* residential district, in
which case it is "CZ,"
subject to a use permit.
*Permitted by right unless
within 300 feet of a
P* residential district, in
which case it is "CZ,"
subject to a use permit.
P
P
P
CZ
CZ
CZ
C
C
C
P P P
C
C
C
P*
P*
P*
C
Furniture manufacturing P* P* P*
Furniture refinishing or P* P* P*
repair
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
*Permitted by right unless
within 300 feet of a
P*
residential district, in
which case it is "CZ,"
subject to a use permit.
C
*Permitted by right unless
within 300 feet of a
P*
residential district, in
which case it is "CZ,"
subject to a use permit.
*Permitted by right unless
within 300 feet of a
P*
residential district, in
which case it is "CZ,"
subject to a use permit.
*Permitted by right unless
P*
within 300 feet of a
residential district, in
which case it is "CZ,"
A-39
EXHIBIT A
subject to a use permit.
Laboratories CZ CZ CZ CZ
*Permitted by right unless
within 300 feet of a
Machine shops P* P* P* residential district, in
which case it is "CZ,"
subject to a use permit.
Metal fabrication, forging C C C C
or welding shops
*Permitted by right unless
See Section
14.16.150(G)(4) for FAR
within 300 feet of a
Packaging plants
P*
P* P*
P*
residential district, in
be located behind an active
street front or bay front
which case it is "CZ,"
use.
Moving companies P C C
C
Storage, warehousing and P P p
subject to a use permit.
Pharmaceutical
C
C C
C
Waste Management
manufacturing
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
A-40
Title 14 (Zoning) — Adopted June 7, 2010
Planing mills
C
C
Printing shops
P
P P
P
Research and development
C
facilities
Research and development
C
C
C
industry
Research and development
P P
P
services
Rock, sand or gravel plants
(crushing, screening and
C
stockpiling)
See Section
14.16.150(G)(4) for FAR
exception. For lots facing
Mini -storage p p p
P Highway 101 or 580 or the
Bay, mini -storage use must
be located behind an active
street front or bay front
use.
Moving companies P C C
C
Storage, warehousing and P P p
P See Outdoor storage.
distribution
Trucking yards and terminals C
Waste Management
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
A-40
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Hazardous waste transfer,
storage, treatment and C
recycling
Resource recovery and C
recycling
Solid waste management C
(collection, disposal)
Transfer stations C
Wholesale and distribution P
Offices and Related Uses
Financial services and
institutions
Medical services (medical,
dental and health-related
services, with sale of articles
clearly incidental to the
services provided)
Clinics
Laboratories C
Offices, medical
Offices, general
C*
Commercial Uses
C C
Animal care facilities (with or
C C*
without exterior kennels, pens
CZ
or runs)
P*
Building materials and
*See Outdoor storage.
supplies
P*
Brick, gravel, rock,
*See Outdoor storage.
concrete, lumber, tile sales
P*
Electrical supply stores
P*
Equipment rental business
P*
Glass and window stores
P*
Hardware stores
P*
EXHIBIT A
P P P
CZ CZ
C
C
C
C C
C
C C*
C**
C C*
See hazardous waste
management plan
standards.
See Chapter 10.72.
*Max. of 5,000 sq. ft. or
less .
*5,000 sq. ft. or less.
**See Section
14.16.150(B)(2)
*Without exterior kennels,
CZ CZ CZ* pens or runs (See Chapter
10.24).
P*
P*
P*
*See Outdoor storage.
P*
P*
P*
*See Outdoor storage.
P*
P*
P*
*See Outdoor storage.
P*
P*
P*
*See Outdoor storage.
P*
P*
P*
*See Outdoor storage.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-41
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Paint stores
P*
Plumbing supply stores
P*
(and ancillary service)
P*
Business sales and service
P*
Blueprint and photocopy
P
shops
Computer services
Locksmith shop
P
Office furniture sales and
rentals
Office supply and business
machine shops
Printing shops
P
Card rooms
C
Coffee roasters
P
Food and beverage
establishments
Brew pubs
CZ
Catering
P
Cocktail lounges (without
food service)
Fast food restaurants
C
Food service
establishment, high
volume
Food service establishment
(with or without incidental
serving of beer or wine or
ancillary bar), but without
a cocktail lounge or live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less in
CZ
size
(2) More than 1,000 sq. ft.
in size
Food service
EXHIBIT A
P*
P*
P*
*See
Outdoor storage.
P*
P*
P*
*See
Outdoor storage.
P P P
P P P
P P P
P P P
P P P
P P P
P P C
CZ
P
C
C
C
CZ
CZ
C
CZ
P
x
P
CZ CZ
CZ
See Chapter 10.36.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-42
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
establishment, with a
cocktail lounge, live
entertainment and/or
dancing
Live entertainment and/or
dancing (without food C
service)
For outdoor eating areas on
Crematories C
Maintenance and repair
private property, see
Section 14.17.110
Outdoor eating areas A A A
A standards. For outdoor
seating areas located on
Appliance repair
city sidewalks or rights-of-
P*
way, see Section 14.16.277
P*
standards.
Food and beverage stores
Bakeries (with ancillary
Furniture upholstery
food service 1,000 sq. ft.
P*
or less in size)
P*
(1) Retail P
P
(2) Wholesale P P P
P
Funeral interment services
Title 14 (Zoning) — Adopted June 7, 2010
Mortuaries P P P
Z009-001
Crematories C
Maintenance and repair
services
Appliance repair
P*
P*
Building maintenance
P*
P*
services
Furniture upholstery
P*
P*
General contractors
P*
P*
Motor vehicle sales and
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Must be located at least
650 ft. from any residential
zoning district and/or
schools, including private,
parochial, public, nursery,
preschool and child day
care facilities; Crematory
stack and delivery entrance
may not be visible from
public streets.
P* P* *See Outdoor storage.
P* P* *See Outdoor storage.
P* P* *See Outdoor storage.
P* P* *See Outdoor storage.
A-43
EXHIBIT A
service (including automobiles,
motorcycles, trailers, trucks
and recreational vehicles)
Auto detailing
P
CZ
CZ
C
Coin -op washing
C
C
C
C
Gasoline stations
(including mini -markets,
See Chapter 14.16
and minor repair, such as
C
C
C
regulations. For repair, see
tune-ups, brakes, batteries,
Chapter 14.17 standards.
tires and mufflers)
Rentals
CZ
CZ
CZ
CZ
See Chapter 10.84.
Repairs, major (engine
See Chapter 14.17
work, painting, body
A
A
A
CZ
standards.
work)
Repairs, minor (tune-ups,
See Chapter 14.17
brakes, batteries, tires,
A
A
A
CZ
standards.
mufflers, upholstery)
Sales, new or used
C/CZ*
C/CZ*
C/CZ*
C/CZ*
*For sales of five or fewer
vehicles
cars.
Sales, parts and supplies
P
P
P
P
Towing businesses
C
C
C
C
Wrecking yards
C
See Chapter 10.52.
Music rehearsal/recording
p
CZ
CZ
CZ
studios
Outdoor storage
CZ
CZ
CZ
CZ
Personal service
establishments
Artistic and photographic
studios, without sale of
P
P
P
equipment or supplies
Barber shops. /beauty
P
P
P
salons
Dry cleaning
establishments with or
P
P
P
P
without on-site processing
facilities
Laundromat (self service)
P
P
P
Nail Salon
P
P
P
Seamstress/tailor
P
P
P
AMENDMENTS TO SAN RAFAEL
MUNICIPAL
CODE
A-44
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
Shoe repair
P
P
P
Recreational Facilities
(indoors)
Bowling alleys
CZ
CZ
CZ
Fitness/Recreation facility
CZ
CZ
CZ
Retail
Drug stores and
C
pharmacies
Florist
C
Specialty retail, region-
C
serving
Public and Quasi -Public
Uses
Clubs and lodges, including
C
C
C
youth groups
Public facilities
Administrative offices
C*
P
P
P
Day services center
C
C
C
Job center
C
C
C
Public and utility facilities
(corporation, maintenance
C
C
C
C
or storage yards, utility
distribution facilities, etc.)
Public facilities, other
(police, fire, paramedics,
P
P
P
P
post office, etc.)
Public parks, playgrounds and
C
recreation facilities
Religious institutions
C
C
C
Schools
Parochial, private
C
C
Public
P
P
Specialized Education and
CZ
CZ
CZ
Training
Residential, Day Care and
Visitor Accommodation
Uses
AMENDMENTS TO SAN RAFAEL
MUNICIPAL CODE
Title 14 (Zoning) —Adopted June 7, 2010
ZO09-001
*5,000 sq. ft. or less.
A-45
Live/Work Quarters
Caretaker's residence
CZ
Day care centers
CZ
Emergency shelters for the
homeless
14.17.100(C)(9)
Permanent
C
Rotating or temporary
C
Hotels or motels
Cz
Transportation facilities
Bus stations
C
Heliport
"Park and ride" facilities
CZ
Parking facilities, commercial
CZ
or public
C
Taxi stations
C
Transit stations or transitways
C
Temporary Uses
Temporary uses
A
Accessory Structures and
Uses
Accessory structures and uses
customarily incidental and
P
contained on the same site
EXHIBIT A
20. Amend Chapter 14.06 (Industrial Districts), Section 14.06.030 to read as follows:
14.06.030 Property development standards (I, LI/O, CCl/0 LNIU).
NR: Not required, unless otherwise noted in Additional Standards
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24
(Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and
Design Review Permits) for a listing of improvements subject to review and design guidelines
and criteria for development.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-46
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
See Section
A
14.17.100(C)(9)
(Live/Work Quarters).
Cz
Cz
Cz
Cz
Cz
Cz
C
C
C
C
C
C
C
C
C
C
C
CZ
CZ
CZ
CZ
C
C
See Chapter 10.60. I
C
C
A
A
A
See Chapter 14.17
standards.
P
P
P
See Chapter 14.16
regulations.
20. Amend Chapter 14.06 (Industrial Districts), Section 14.06.030 to read as follows:
14.06.030 Property development standards (I, LI/O, CCl/0 LNIU).
NR: Not required, unless otherwise noted in Additional Standards
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24
(Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and
Design Review Permits) for a listing of improvements subject to review and design guidelines
and criteria for development.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-46
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
21. Amend Chapter 14.06 (Industrial Districts), Table 14.06.030 to read as follows:
Table 14.06.030
Parking * * * * *Based on use. See
l 4.18.040
(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 nonconfonning, and are listed in Section 14.16.040, Buildings over
three stories.
(D) In the LI/O and CCI/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
development facing Lindaro Street, and in the I District, for development fronting Woodland
Avenue, Irwin Street, Lincoln Avenue, 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 Boulevard, Lindaro Street and Woodland Avenue.
(H) Exception may be granted for required minimum landscaping standards, subject to the
provisions of Chapter 14.24, Exceptions.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-47
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
I
LI/O
CCl/0
LMU
Additional
Standards
Minimum lot area (sq. ft.)
6,000
6,000
6,000
6,000
Minimum lot width (ft.)
60
60
60
60
Minimum yards:
Floor Area Ratio (Max. Non-
*
*
*
*
* See Section
Residential Intensity)
14.16.150
Front (ft.)
NR
20
NR
NR
(A)
Side (ft.)
NR
10 or
NR
NR
(A), (B)
20.'0
Rear (ft.)
NR
10
NR
NR
(A), (B)
Maximum height of structure (ft.)
36
36
36
36
(C)
Maximum lot coverage
NR
NR
NR
NR
(D), (E), (F), (G), (H),
Minimum landscaping
10%
20%
10%
10%
(I)
Parking * * * * *Based on use. See
l 4.18.040
(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 nonconfonning, and are listed in Section 14.16.040, Buildings over
three stories.
(D) In the LI/O and CCI/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
development facing Lindaro Street, and in the I District, for development fronting Woodland
Avenue, Irwin Street, Lincoln Avenue, 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 Boulevard, Lindaro Street and Woodland Avenue.
(H) Exception may be granted for required minimum landscaping standards, subject to the
provisions of Chapter 14.24, Exceptions.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-47
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
(I) In the LI/O district, a minimum twenty feet (20') of the front setback must be landscaped.
22. Amend Chapter 14.07 (Planned Development District), Section 14.07.020 to read as
follows:
14.07.020 Land use regulations.
A. No use other than an existing use or a temporary use approved pursuant to
section D below, shall be permitted in a PD district except in accord with a valid development
plan. Any permitted or conditional use authorized by this title may be included in an approved
development plan, consistent with the general plan land use designation(s) and intensities for land
within the PD district. The PD zoning approval shall establish the range of allowable land uses
for the development.
B. A master use permit or individual use permits may be required to establish
specific uses on the property consistent with general plan land uses and parking standards. A
master use permit shall be required for nonresidential, phased and/or multi -tenant development.
C. A development plan is not required for existing school sites located in the PD
district. A use permit shall be required for any nonpublic school uses of the site, or for reuse of
any existing school facilities, per Section 14.09.020, Land use regulations (P/QP). A development
plan shall be required when such property redevelops.
D. Temporary uses may be permitted within a PD District, with or without an
approved or valid development plan. The performance standards and provisions of Section
14.17.130 of this title shall apply to temporary uses, and shall be administered through a use
permit (zoning administrator).
23. Amend Chapter 14.07 (Planned Development District), adding new Section 14.07.035
(Established PD Districts containing no development standards or regulations) to read as
follows:
14.07.035 Established PD district containing no development standards or regulations.
When an established PD district does not contain or include site-specific regulations or
spatial standards necessary to guide and approve building additions, modifications or property
improvements, the following shall apply:
A. For proposed additions and modifications to principal structures and primary
uses, the community development director shall detennine, based on development characteristics,
use and density, and the contiguous zoning districts, a zoning district adopted within this title that
is most compatible to the PD district. The regulations and spatial standards of the most
compatible zoning district shall be applied, subject to the approval of an Environmental and
Design Review Permit.
B. For accessory structures, fences and other ancillary improvements, the
regulations of Chapter 14.16 of this title shall apply.
C. The community development director shall determine if the improvements
proposed per A and B above are major or minor. Improvements determined to be major shall
require an amendment to the PD zoning per Section 14.07.150 of this chapter. Improvements
determined to be minor shall not require an amendment to the PD zoning.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-48
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
24. Amend Chapter 14.08 (Marine District) chapter title to read as follows:
Chapter 14.08 MARINE DISTRICT (M)
Sections:
14.08.010 Specific purposes.
14.08.020 Land use regulations (M).
14.08.030 Property development standards (M).
25. Amend Chapter 14.08 (Marine District), Section 14.08.020 to read as follows:
14.08.020 Land use regulations (M).
P: Permitted by right; C: Conditional use pen -nit; CZ: Conditional use permit/zoning
administrator; A: Administrative use permit; Blank: Not allowed.
26. Amend Chapter 14.08 (Marine District), Table 14.08.020 to read as follows:
Table 14.08.020
Type of Land Use M Additional Use Regulations
Marine Uses
Boat building and repair C
Boat sales and rentals P
Charter boat businesses P
Clubs and lodges, including youth
groups, with a marine focus or purpose C
(boating, fishing, study of marine
biology, etc.)
Contractor's shops related to marine
activities, including welding, small CZ
machinery repair and marine engine
repair
Equipment rentals related to boating, P
fishing, etc.
Fish and bait sales, retail
Indoors P
Outdoors C
Fishing enterprises, commercial and/or
recreational, including support facilities C
(hoist, ice plant, storage, packing and
sales area and related offices)
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-49
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
Fishing supply stores, including bait and P
stores
Fuel yards strictly for boats C
Marinas, including boat slips, offices
(sales, management, etc.), harbor,
clubhouse, marine -related retail and C
support services (restrooms, showers,
laundry, caretaker's residence, pump -
outs, etc.)
Marine electronics: sales, manufacturing,
assembly, testing or repairs (including
electrical, electromechanical or C
electronic equipment, or systems related
to harbor or marine activities)
Marine industry sales, including boat
machinery, parts and incidental P
hardware
Marine supply stores
P
Marine testing laboratories, research and
C
development facilities
Museum, marine -related
C
Offices, business support for marine
P
industry, including security
Outdoor storage, including temporary or
CZ
permanent storage containers
Parks with marine recreational features
P
or concessions
Schools, sailing, boating, etc.
P
Storage, boat (wet or dry)
P
Warehousing, strictly for storage of
CZ
boats, boat trailers and fishing gear
Yacht clubs
C
Commercial
Food and beverage service
establishments
Cocktail lounges (without food
C
service)
Food service establishments (with or
without incidental serving of beer or
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-50
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
wine) and without a cocktail lounge,
live entertainment and/or dancing
(1) 1,000 sq. ft. or less in size
(2) More than 1,000 sq. ft. in size
Food service establishments with a
cocktail lounge, live entertainment
and/or dancing
Live entertainment and/or dancing
(without food service)
Outdoor eating areas
Retail and Office Uses
EXHIBIT A
P
CZ
CZ
C
For outdoor eating areas on private property,
see Section 14.17.110 standards. For outdoor
A seating areas located on city sidewalks or
rights-of-way, see Section 14.16.277
standards.
Retail and administrative, business and
professional office uses listed as P/C/A*
permitted or subject to use permit in
General Commercial District
Public and Quasi -Public Uses
Public utility facilities
Residential and Visitor
Accommodation Uses
Multifamily residential
Emergency shelters for the homeless
Permanent
Temporary
Home Occupations
Live/Work quarters
Residential care facilities for the
handicapped
Small (0-6 residents)
Large (7 or more residents)
Residential care facilities, other
Small (0-6 residents)
C
A
*See "Retail" heading in the General
Commercial district for pennitted and
conditional retail and office uses. Non -marine
related office use allowed on second floor or
above in a mixed-use building. Ground floor
non -marine office use is not allowed.
Allowed on the second floor or above in a
mixed-use project.
C
C
P See Section 14.16.220 (Home Occupations).
A See Section 14.17.100(C)(9) (Live/Work
Quarters regulations).
P
0
P
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-51
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
Large (7 or more residents)
Rooming or boarding houses
Caretaker's residence
Hotels or motels
Transportation Facilities
"Park and ride" facilities
Parking facilities, public
Temporary Uses
Temporary uses
Accessory Uses and Structures
Accessory uses and structures
customarily incidental to a permitted use
and contained on the same site
EXHIBIT A
C
See Section 14.17.100(C)(8) (Boarding House
C regulations). Allowed on the second floor or
above in a mixed-use project.
CZ
C
CZ
CZ
A See Chapter 14.17 standards.
P See Chapter 14.16 regulations.
27. Amend Chapter 14.08 (Marine District), Section 14.08.030 to read as follows:
14.08.030 Property development standards (M).
NR: Not required unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor
area ratio and site development standards. See Chapters 14.23, Variances, and 14.24, Exceptions,
for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design
Review Permits, for a listing of improvements subject to review and design guidelines and
criteria for development.
28. Amend Chapter 14.08 (Marine District), Table 14.08.030 to read as follows:
Table 14.08.030
M Additional Standards
Minimum lot area (sq. ft.) 6,000
Minimum lot area/dwelling unit (sq. ft.) (Max Residential 2,000 (G)
Intensity)
Floor Area Ratio (Max Non -Residential Intensity) * * See Section 14.16.150
Minimum lot width (ft.) 60
Minimum yards:
Front (ft.) NR (A)
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-52
Title 14 (Zoning) —Adopted June 7, 2010
ZO09-001
EXHIBIT A
Side (ft.)
NR
(A)
Rear (ft.)
NR
(A)
Maximum height of structure (ft.)
36
(B), (C), (D)
Minimum landscaping
10%
(E)
Usable outdoor area
(F)
Parking
*
* Based on Use. See
l 4.18.040
(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.
(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) 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 area is encouraged in residential development as part of a
mixed-use project.
(G) A density bonus may be granted, as provided for in Section 14.16.090.
29. Amend Chapter 14.09 (Public/Quasi-Public District), Section 14.09.030 to eliminate
reference to trip allocations (as they are no longer administered by the City) and to reference
the appropriate planning review documents as follows:
14.09.030 Property development standards (P/QP).
NR: Not required unless otherwise noted in Additional Standards.
Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24
(Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and
Design Review Permits) for a listing of improvements subject to review and design guidelines
and criteria for development.
30. Amend Chapter 14.09 (Public/Quasi-Pitblic District), Table 14.09.030 to read as
follows:
Table 14.09.030
P/QP Additional Standards
Minimum lot area (sq. ft.) NR
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-53
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
Minimum Lot Area/dwelling unit (sq. ft.) (Max. Residential
1,800
Intensity)
Floor Area Ratio (Max Non -Residential Intensity)
*
* See 14.16.150
Minimum lot width (sq. ft.)
NR
Minimum yards:
Front (ft.)
NR
(A)
Side (ft.)
NR
(A)
Rear (ft.)
NR
(A)
Maximum height of structure (ft.)
36
(B), (C)
Maximum lot coverage
NR
Minimum landscaping
10%
(D)
Parking
*
* Based on use. See
14.18.040
(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 (3) stories.
(D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
31. Amend Chapter 14.10 (Parks/Open Space District), Sectio: 14.10.030 to read as
follows:
14.10.030. Property Development Standards (P/OS).
NR: Not required, unless otherwise noted in Additional Standards.
Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24
(Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and
Design Review Permits) for a listing of improvements subject to review and design guidelines
and criteria for development.
32. Amend Chapter 14.10 (Parks/Open Space District), Table 14.10.030 read as follows:
Table 14.10.030
P/OS Additional Standards
Minimum lot area (sq. ft.) NR
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-54
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
Minimum lot width (ft.) NR
Minimum yards:
Front (ft.) NR
Side (ft.) NR
Rear (ft.) NR
Maximum height of structure 36 (A)
Parking * *Based on use. See 14.18.040
(A) Exceptions may be granted for a height above thirty-six feet (36% subject to the
provisions of Chapter 14.24, Exceptions.
33. Amend Cliapter 14.11 (Water District), Section 14.11.030 to read as follows:
14.11.030. Property Development Standards (W).
NR: Not required, unless otherwise noted in Additional Standards.
Note: See Chapter 14.16 (Site and Use Regulations) for additional regulations pertaining to floor
area ratio and site development standards. See Chapter 14.23 (Variances) and Chapter 14.24
(Exceptions) for allowable adjustments to these standards, and Chapter 14.25 (Environmental and
Design Review Permits) for a listing of improvements subject to review and design guidelines
and criteria for development.
34. Amend Cliapter 14.11 (Water District), Table 14.11.030 to read as follows:
Table 14.11.030
Maximum lot coverage (percent) NR (A), (C), (D), (E), (F)
Parking * * Based on use. See 14.18.040
(A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of
Section 14.13.040 (G), Fill. A use permit shall be required consistent with Sections 14.13.050,
Application for a use permit, and 14.13.070, Findings. (Note: Fill in open waters is also subject to
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-55
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
W
Additional Standards
Minimum lot area (sq. ft.)
NR
(A)
Minimum lot width (feet)
NR
Minimum Yards:
Front (ft.)
NR
(B)
Side (ft.)
NR
(B)
Rear (ft.)
NR
(B)
Maximum height of structure (feet)
36
Maximum lot coverage (percent) NR (A), (C), (D), (E), (F)
Parking * * Based on use. See 14.18.040
(A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of
Section 14.13.040 (G), Fill. A use permit shall be required consistent with Sections 14.13.050,
Application for a use permit, and 14.13.070, Findings. (Note: Fill in open waters is also subject to
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-55
Title 14 (Zoning) — Adopted June 7, 2010
ZO09-001
EXHIBIT A
issuance of a tidelands pen -nit from the department of public works, and any other permit required
by local, state or federal law.)
(B) Development should not encroach into sensitive wildlife habitat areas, limit normal range
areas or create barriers which cut off access to food or shelter.
(C) Other proposed activities, such as dredging within tidelands and/or open waters, requires a
tidelands permit from the department of public works and may require other permits.
(D) Public access to the water or shoreline should be provided as identified on the recreation
plan and the canal land use and access map of the general plan, and is encouraged elsewhere
where appropriate.
(E) Views of the water shall be provided as identified on community design map A of the
general plan, and is encouraged elsewhere through project design.
(F) For setbacks from creeks, the San Rafael Canal and drainageways, see Section 14.16.080,
Creeks and other watercourses. For setbacks from wetlands, see Section 14.13.040(B), Wetland
Setbacks.
35. Amend Chapter 14.12 (Hillside Overlay District), Section 14.12.020.A to read as
follows:
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 districts. 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.
36. Anrend Chapter 14.12 (Hillside Overlay District), Section 14.12.030.0 (Natural State)
to read as follows:
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 with the recommendation of the
design review board, 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.
37. Amend Chapter 14.12 (Hillside Overlay District), Section 14.12.030.D (Gross Building
Square Footage) to read as follows:
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.
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38. Amend Chapter 14.12 (Hillside Overlay District), Section 14.12.030.G (Lot Standards)
to read as follows:
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.
39. Antend Chapter 14.12 (Hillside Overlay District), Section 14.12.040 (Exceptions to
property development standards) to read as follows:
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, upon the recommendation of the design review
board and the planning commission, 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.
40. Amend Chapter 14.16 (Site and Use Regulations), chapter title to read as follows:
Sections:
14.16.010 - Specific purposes and applicability.
14.16.020 - Accessory structures.
14.16.030 - Affordable housing requirement.
14.16.040 - Buildings over three stories.
14.16.050 - Conservation areas—Development potential.
14.16.060 - Conservation of dwelling units.
14.16.080 - Creeks and other watercourses.
14.16.100 - Development agreements.
14.16.110 - Drive-through facilities.
14.16.120 - Exclusions to the maximum height requirement.
14.16.130 - Exclusions to the required minimum yards.
14.16.132 – Exclusions to maximum lot coverage.
14.16.140 - Fences.
14.16.150 - Floor area ratios and densities applicable to nonresidential and mixed-use
development.
14.16.160 – Fuel and Service stations.
14.16.170 - Geotechnical review.
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14.16.180 - Hazardous soils conditions.
14.16.190 - Height bonus.
14.16.200 - Hillside residential development standards.
14.16.210 - Historic preservation.
14.16.220 - Home occupations.
14.16.230 - Lot consolidation when development occurs.
14.16.240 - Manufactured homes.
14.16.245 - Medical marijuana dispensary.
14.16.250 - Motor vehicle maintenance and storage in residential districts.
14.16.260 - Noise standards.
14.16.270 - Nonconforming structures and uses.
14.16.275 - Amortization of nonconforming dwelling units.
14.16.277 - Use of city sidewalks and rights-of-way for outdoor eating areas.
14.16.279 - Relocation assistance for displaced residential rental unit tenants.
14.16.280 - Satellite dishes in residential districts.
14.16.285 - Second dwelling units.
14.16.290 - Shoreline embankments.
14.16.300 - Small lots.
14.16.310 - State lands commission title claims (Allardt's Canal).
14.16.320 - Swimming pools and hot tubs.
14.16.330 - Transfer of density among properties.
14.16.340 - Transfer of density on-site.
14.16.360 - Wireless communication facilities.
14.16.370 — Water -efficient landscape.
41. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.030.H.3.a.iii
(Affordable housing requirement) to read as follows:
iii. Height bonuses, as identified and listed in Exhibit 10 of the General Plan 2020
Land Use Element;
42. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.030.1 (Affordable
housing requirements) adding sub -sections L3. and L4 to read as follows:
3. 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 the City
Council. The Planning Commission or City Council may accept off-site units or an in -lieu fee if
it is determined 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 the surrounding land
uses is incompatible with residential uses in terms of noise or other nuisances, health or safety
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hazards or concerns. Where the application of the affordable housing requirement in Section
14.16.030.I.2 results in less than one unit or one or more affordable housing unit and a fractional
unit, the applicant 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 Payment of In -lieu Fee. The amounts and calculation of the
housing in -lieu fee shall be based on the formula set forth in Section 14.16.030.17 and established
by resolution of the City Council, as amended from time to time. Unless otherwise preempted by
law, or 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 project.
43. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.040 (Buildings over
three stories) to read as follo►vs:
14.16.040. Buildings over three stories.
Buildings which were constructed or approved as of January 1, 1987 having more than
three (3) stories in height shall be considered conforming. These buildings include but are not
limited to the following:
Table 14.16.040
BUILDINGS OVER THREE (3) STORIES
Address
Building
1005 A St. at Fourth St.
Herzog -Rake Building
1010 B St. at Fourth St.
Albert Building
4000 Civic Center Dr.
Marin Executive Center
4040 Civic Center Dr.
Northgate East
100-500 Deer Valley
Smith Ranch Hills Retirement Home
1000 Fourth Street
Court House Square
1299 Fourth Street
Columbia Pacific Building
535-565 Jacoby
Marin Resource Recovery Center
100 McInnis Parkway
Embassy Suites Hotel
99 Monticello Road
Kaiser Medical Center
899 Northgate
Quail Hill Office Building
1000 Northgate
Macy's
1010 Northgate
Four Points Sheraton Hotel
1050 Northgate
Holiday Office Building
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9000 Northgate Sears
100 Thomdale Villa Marin Retirement Residences
44. Amend Chapter 14.16 (Site and Use Regulations), Section: 14.16.120 (Exclusions to the
maxinuan height requirement) to read as follows:
14.16.120. Exclusions to the maximum height requirement.
Flagpoles, aboveground utility distribution facilities including communications towers
and public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in
multifamily and nonresidential districts and architectural features such as screening for
mechanical equipment, chimneys, steeples and cupolas are not included in height calculations.
However, structures and architectural features which extend above the established building height
limit may require an environmental and design review permit, pursuant to Chapter 14.25,
Environmental and Design Review Permits.
45. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.130 (Exclusions to the
required nnininnum yards) to read as follows:
14.16.130. Exclusions to the required minimum yards.
Architectural features such as fireplaces, cornices, eaves and canopies may extend no
more than two feet (2') into any required yard. Open, uncovered decks, landing places or outside
stairways may project no more than three feet (3') into any required side and/or rear yard, and no
more than six feet (6) into any required front yard. Open, uncovered decks under twelve inches
(12") in height, retaining walls less than four feet in height measured from the toe of the wall to
the top of the wall, and subterranean structures which are located entirely below both existing and
finished grade are allowed anywhere within the required yards. Fountains, statues and other
decorative yard improvements, four feet (4') or less in height, may be allowed within the required
front yard, and six feet (6) or less in height may be allowed within required side and rear yards.
46. Amend Chapter 14.16 (Site and Use Regulations), adding new Section 14.16.132
(Exclusions to maxinuan lot coverage) to read as follows:
14.16.132. Exclusions to maximum lot coverage.
The following improvements are not counted as part of lot coverage: ground level
landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or
less in height, uncovered recreational and uncovered parking and driveway areas, structures that
are located entirely below both existing and finished grade, play and storage structures that are
120 square feet or less in size.
47. Annend Chapter 14.16 (Site and Use Regulations), Section 14.16.150.A.1 (Floor area
ratios and densities applicable to non-residential and mixed --use development) to read as
follows:
A. 1. The intensity and density of development in nonresidential and mixed-
use districts is identified by floor area ratio (FAR) and by the number of units allowed per one
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thousand (1,000) square feet of lot area for the location and zoning district in which a site is
located. 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 or garages
(covered and uncovered), residential components of a mixed use project, hotels, and non -leasable
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.
48. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.150.B.1 (Floor area
ratios and densities applicable to non-residential and mixed-use development) to read as
follows:
B. Mixed -Use Development.
1. Commercial or Office with Residential. FAR limits apply only to the
nonresidential component of a development. The number of residential units allowed on a lot is
based on the minimum lot area required per dwelling unit standard for the zoning district. For
example, a ten thousand (10,000) square foot lot in the 213 MUW District (Max. FAR is 0.7 and
density is one thousand (1,000) square feet of lot area per dwelling unit) could develop with up to
the following mixed-use amount, subject to meeting other zoning standards related to height,
parking and design:
( Table Inset No Changes to Table }
49. Amend Chapter 14.16 (Site and Use Regidations), Section 14.16.160 (Service stations)
to read as follows:
14.16.160 Fuel and Service stations.
The regulations are intended to assure the compatibility of such uses with existing and
planned uses in the surrounding area and to protect the public health, safety and welfare by
assuring adequate numbers of fuel and service stations which afford equal access to the public,
including the elderly, the handicapped and visitors in need of minor automobile repair through the
provision of attended fuel pumps and mechanic's bays.
A. A use permit shall be required for any fuel service station permitted under the
regulations of the zoning district in which it is located, including those which are to be:
1. Newly constructed;
2. Reopened after operations, including any required cleanup operations, have
ceased for a period greater than nine (9) months;
3. Remodeled to include any of the following: nonautomotive retail sales other than
those of an incidental nature not occupying an area open to the public greater than one hundred
(100) square feet; a car wash; or, additional service islands or mechanic's bays; or
4. Converted from one type of station to another so as to delete either or both of the
following: pump(s) labeled "full-service," "mini -service" or otherwise marked so as to indicate
the availability of attendant assistance in pumping fuel; or mechanic's bay(s) in which emergency
repairs by a mechanic are available.
B. Conditions of Approval. In approving a use permit for a fuel service station, the
planning commission may impose reasonable conditions. Such conditions may include the
required posting of signs informing motorists of the location of the nearest facility offering the
services listed.
C. Findings. The planning commission may issue a use permit for a fuel service
station if the following finding can be made: that the proposed fuel service station will not
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significantly adversely affect the public health, safety or welfare in terns of discrimination
against individuals needing refueling assistance and the availability of minor emergency
automobile repair services and public restrooms.
50. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.220.E (Hone
occupations) to read as follows:
E. Examples of Uses that Frequently Qualify As Home Occupations. The following
are typical examples of uses which often can be conducted within the limits of the restrictions
established in this chapter and thereby qualify as home occupations. Uses which qualify as "home
occupations" are not limited to those named in this paragraph (nor does the listing of a use in this
paragraph automatically qualify it as a home occupation): accountant, architect, artist, attorney-at-
law, author, beautician/barber, computer repair, consultant, individual musical instrument
instruction, individual swim lessons (no groups), tutoring, insurance, radio repair, realtor,
seamstress/tailor, small appliance repair, television repair.
51. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.260.A.3 (Noise
standards) to read as follows:
3. In high density and mixed use districts, residential interior standards shall be met
and common, usable outdoor areas shall be designed to minimize noise impacts. Where possible,
a sixty (60) dBA (Ldn) standard shall be applied to usable outdoor areas.
52. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.270.D
(Nonconforming structures and uses) adding new sub -section D.10 to read as follows:
10. Legal dwelling units, existing or approved as of January 1, 1991, shall be
considered conforming uses, except for such units in the marine, light industrial/office districts,
and industrial districts, and for single-family units in downtown mixed-use districts. These units
are subject to the provisions of Section 14.16.060.
53. Amend Chapter 14.16 (Site and use Regulations), Section 14.16.279 (Relocation
assistance) to read as follows:
14.16.279 Relocation assistance for displaced residential rental unit tenants.
A. Purpose. The purpose of this chapter is to mitigate the impact of a development
project or property improvement such as a renovation or rehabilitation, which results in the
displacement of low-income household tenants of record from their residences, by requiring
applicants or property owners to provide certain, limited relocation assistance to such tenants.
B. Applicability. The provisions of this section shall apply to any development
project or property improvement that is subject to a planning permit or approval required by this
title and a building or a demolition permit that will result in the displacement of low-income,
residential unit tenants of record. A tenant of record is a tenant that appears on a valid lease or
rental agreement for the residential unit being vacated. This section is not applicable to:
1. Any development project that is subject to a legal requirement for the provision
of relocation assistance under any provision of federal or state law;
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2. Tenant displacement from a dwelling unit that the City has determined to be
illegal and which is ordered abated by action of the City; and
3. A tenant of record that is displaced for unit renovation and is temporarily
relocated by the property owner to another residential unit that is located either on the subject
property or off-site, with the intent and goal of returning to the renovated apartment unit, or to
another unit on-site, which has a comparable bedroom count.
The provisions of this section may be imposed as a condition of any planning permit or
required prior to the issuance of a building permit or demolition permit.
C. Required notice to tenant of record. The property owner proposing the
development project or property improvement that will result in displacement of a tenant from a
residential unit shall give any tenant of record proposed to be displaced a written notice at least
sixty (60) days in advance of the date the tenant of record shall be required to vacate the real
property. The notice shall comply with the following:
1. The notice shall be delivered to the tenant of record in person or by first class
certified mail. The notice shall specify the date on which the real property is to be vacated, and
shall include the following statement:
Tile City of San Rafael requires property owners to provide certain assistance to low-
income tenants of record who are forced to permanently move or relocate because of
planned property development, property improvements and/or residential unit renovation.
You are eligible to receive this assistance if you can demonstrate that your household
qualifies as low-income, as defined in the attached income schedule published by the
Marin County Housing Authority. To qualify for relocation assistance you must
complete, sign and return the attached income verification form confirming that you meet
the income limits for a low-income household. You must return this income verification
form to the property owner no later than two weeks following the date you received this
notice.
2. The notice shall include the most current Marin County median family income
schedule published by the Marin County Housing Authority, specifying the range of household
size and the maximum, annual household income for each household size to qualify as low-
income.
3. The notice shall include an income certification form or affidavit to be completed
and submitted by the tenant of record. To verify annual household income, the property owner
may request that the tenant of record submit additional supporting documentation such as a copy
of the latest, filed, income tax return.
4. Simultaneous to tenant notification, a copy of the notice and list of tenants of
record receiving the notice shall be filed with or delivered, via certified mail, to the Community
Development Department.
D. Relocation payment to tenant of record. No later than 30 days prior to the date
the tenant of record is displaced, the property owner shall provide the following to each displaced
tenant of record who demonstrates that his or her household qualifies as a low-income household:
1. A referral to the Marin Housing Assist Line to obtain a list of low-income rental
housing units available in the area; and
2. Cash in a sum equal to two (2) times the then current monthly rental of the
residential unit being vacated. In -lieu of cash, the tenant of record can request an in-kind
payment to the provider(s) of the alternative housing for the tenant of record. The property owner
is required to make one relocation assistant payment only to the tenant of record for every
residential unit that is vacated on the real property. If the residential unit being vacated is
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occupied by more than one tenant of record that qualifies as a low-income household, the
payment shall be prorated based on the number of qualified tenants of record in the households.
Following relocation payment, the property owner shall file or deliver, via certified mail,
to the Community Development Department, a list of tenants of record receiving relocation
payment.
E. Additional requirements for development projects or property improvements
involving multiple buildings, phased construction and/or phased vacation of residential units for
renovation. For projects involving residential unit renovation that results in phased
improvements and/or phased tenant displacement, the following shall be prepared and submitted
to the Community Development Department in conjunction with the review and processing of a
planning permit, or prior to the issuance of a building permit or grading permit:
1. A resident relocation plan. The resident relocation plan shall include:
a. a projected construction schedule and expected dates for unit vacation
and tenant displacement;
b. information regarding projected rents, timing and availability for
renovated apartments;
C. information regarding on-site, temporary relocation options for tenants, if
applicable; and
d. a list of property addresses for apartment complexes in the general area
of the site that may have available rental units.
2. Verification that an escrow account has been opened and is active for payment of
relocation assistance pursuant to Section 14.16.279D, above.
F. Revocation of Permits. Failure to comply with any provision of this section shall
be grounds for revocation of any permit or other approval issued by the city in relation to the
development project, subject to the procedures established by this code for revocation of the
permit or other approval in question.
54. Amend Chapter 14.16 (Site and use Regulations), Section 14.16.285.C.6. (Second
dwelling units, Standards, Size Limits) to read as follows:
6. Size Limits. The square footage of a second dwelling unit shall be no greater than
forty percent (40%) of the gross square footage of the principal residence, excluding the garage
area; except that any second dwelling unit may be at least five hundred (500) square feet even if
that exceeds forty percent (40%) of the principal residence. A second dwelling unit larger than
eight hundred (800) square feet in size shall require the issuance of a use permit approved by the
planning commission. In no case shall the second dwelling unit exceed one thousand (1,000)
square feet in size.
55. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.285.C.9.e.3 (Second
dwelling units, Standards) to read as follows:
3. Second dwelling units which are located within a separate or accessory structure
within the side or rear setbacks (required for the principal structure);
56. Amend Chapter 14.16 (Site and Use Regulations), Section 14.16.285.C8 (Second
dwelling unit, Standards) to read as follows:
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8. Parking. Off-street parking shall be required for each second dwelling unit, in
addition to the parking required for the existing single-family dwelling. One off-street parking
space shall be required for studio and one -bedroom second dwelling units. Two (2) off-street
parking spaces shall be required for second dwelling units with two or more bedrooms. Required
parking options are as follows:
a. One parking space for a second dwelling unit may be sited in the front
yard setback provided that: 1) the parking space is located within a paved area adjacent and
parallel to the driveway, between the driveway and the nearest side lot line; and 2) the curb cut is
not increased.
b. One required space for the second dwelling unit may be uncovered and
tandem (located behind another uncovered or covered parking space) on a driveway having a
length of at least eighteen feet (18') behind the sidewalk or property line, provided the property
has frontage on a street having a paved width of at least thirty-eight feet (38').
C. Off-street parking for the second dwelling unit that requires a new
driveway curb cut, either for establishing an additional driveway or for increasing the width of the
existing curb cut, may be proposed subject to an affinnative recommendation by the public works
department and the approval of an Environmental and Design Review Permit by the zoning
administrator. The purpose of this permit review is to ensure that the alternative parking design is
appropriate given the site conditions, is compatible with the character of the surrounding
residential neighborhood, and would not result in a safety hazard to vehicles or pedestrians.
57. Amend Chapter 14.16 (Site and Use Regulations), deleting Section 14.16.350 (Trip
Allocations).
58. Anhend Chapter 14.16 (Site and Use Regulations), adding new Section 14.16.370
(Water -efficient landscape) to read as follows:
14.16.370 Water -efficient landscape.
A. Purpose and authority. Effective January 1, 2010, certain new construction and
rehabilitation projects that include landscape and irrigation improvements are required to comply
with water -efficient landscape requirements and to monitor water usage for irrigation, as
mandated under State Government Code Section 65595(c). For the purpose of administering this
State mandate, the City of San Rafael hereby adopts by reference, Marin Municipal Water
District (MMWD) Ordinance No. 414 (Water Conservation) and designates MMWD, the local
water provider, to implement, enforce, and monitor the requirements of this ordinance. For
projects that are subject to the water -efficient landscape requirements, the City defers to MMWD
to administer the provisions of this ordinance, which include:
I . The application and monitoring of a `maximum applied water allowance,' that is
established for applicable projects.
2. Tile review of required landscape and irrigation plans, specifications and
supportive documents prepared for applicable projects for compliance with water -efficient
landscape restrictions, including limitations on the type and amount of landscape materials and
plant species.
3. The review, inspection and approval of landscape and irrigation that is installed
for applicable projects to ensure compliance with the approved landscape and irrigation plans and
specifications.
4. The post -installation monitoring of water usage for irrigation by applicable
projects.
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B. Applicability.
The provisions of this section and MMWD Ordinance No. 414 are applicable to the
following projects:
1. Any project that proposes new or rehabilitated landscapes which are developer -
installed in single-family residential and all other residential and non-residential developments,
regardless of size, where the proposed landscape area is equal to or greater than 2,500 square feet;
and
2. Any project that proposes new or rehabilitated landscapes which are homeowner
provided and/or homeowner -hired in single-family residential, two-family residential and
multiple -family residential developments, where the proposed landscape area is equal to or
greater than 5,000 square feet.
C. City review of applicable projects.
City review of applicable projects shall be processed as follows:
1. Projects requiring approval of an Environmental and Design Review Permit.
When an applicable project is subject to an Environmental and Design Review Permit pursuant to
Chapter 14.25 of this title, the landscape and irrigation plans required by and submitted with this
permit application shall be designed and prepared to comply with the provisions and requirements
of MMWD Ordinance No. 414. The approval of an Environmental and Design Review Permit
shall be conditioned to require the applicant to provide written verification of plan approval from
MMWD prior to the issuance of a building permit and/or grading permit.
2. Projects requiring a Building Permit and/or Grading Permit only. When an
applicable project is not subject to an Environmental and Design Review Permit but is required to
secure a Building Permit and/or Grading Permit, such permits shall not be issued until the
applicant has secured, in writing, MMWD approval of the landscape and irrigation plans
confirming compliance with MMWD Ordinance No. 414.
D. Inspections and Post -Installation Monitoring and Enforcement. MMWD shall be
responsible for:
I. Inspecting and approving all landscape and irrigation installed for applicable
projects prior to project completion and/or occupancy; and
2. Monitoring water usage for installed landscapes to ensure compliance with
MMWD Ordinance No. 414. All enforcement actions for ordinance non-compliance or violations
shall be administered by MMWD.
59. Amend Cliapter 14.17 (Performance Standards), Section 14.17.100.B (Residential uses
in commercial districts) to read as follows:
B. Applicability. Performance standards for residential uses in commercial districts
shall be applied through an administrative use permit in the 4SRC, HO, 2/3 MUE and MUW,
CSMU, WEV, GC, FBWC, C/O, and M districts or through a use permit in the NC district.
60. Antend Chapter 14.17 (Performance Standards), Section 14.17.100.0.1 (Residential
ttses in contntercial district) to read as follows:
C. Standards.
i. Location. In the 4SRC and WEV districts, residential units may be located above
the ground floor, and on rear portions of the ground. Location of residential units in the 2/3 MUE
and MUW, GC, FBWC, HO, C/O, CSMU, and NC districts shall be determined through project
review.
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61. Amend Chapter 14.17 (Performance Standards), Section 14.17.110.B (Outdoor eating
areas proposed in conjunction: with food service establishments) to read as follows:
14.17.110 Outdoor eating areas proposed in conjunction with food service
establishments.
B. Applicability. Performance standards for outdoor eating areas proposed in
conjunction with restaurants or other food service establishments shall apply in any zoning
district where food service establishments are permitted uses (as of right or by conditional use
permit). Compliance with performance standards for outdoor eating areas shall be reviewed
through an administrative use permit and administrative environmental and design review permit
process for any existing food service establishment. In cases where the restaurant or food service
establishment is being proposed as a new use and is subject to a conditional use permit in the
zoning district is which it is located, the performance standards shall be incorporated into the
required use permit. Notwithstanding the foregoing, any outdoor eating area located on city
sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit
process, but shall be regulated as provided in Section 14.16.277.
62. Amend Chapter 14.17 (Performance Standards) Section 14.17.130.A and B
(Temporary uses) to read as follows:
14.17.130 Temporary uses.
A. Purpose. Standards for temporary uses allow the short term placement (generally
one (1) year or less) of activities on privately or publicly owned property with appropriate
regulations so that such activities will be compatible with surrounding areas.
B. Applicability. Performance standards for specified temporary uses shall apply in any
district where a temporary use is a conditional use. Performance standards for temporary uses
shall be administered through an administrative use permit in all commercial, office and industrial
zoning districts, or a use permit (zoning administrator) in the R/O and 5/M R/O districts or any
PD district (with or without an approved or valid development plan). The following temporary
uses are subject to performance standards:
{ No text changes to Sub -sections 1 through 5 }
63. Amend Chapter 14.18 (Parking Standards, chapter title to read as follows:
Sections:
14.18.010 - Specific purposes.
14.18.020 - Applicability.
14.18.030 - Computation.
14.18.040 - Parking requirements.
14.18.050 - Off-street loading and unloading.
14.18.060 - Downtown parking assessment district.
14.18.061— Downtown's West End and Environs.
14.18.070 - Parking requirements for multiple uses.
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14.18.080 - Parking requirements for reciprocal uses with shared parking facilities.
14.18.090 - Bicycle parking.
14.18.100 - Parking space dimensions.
14.18.110 - Compact spaces—Allowable percentage.
14.18.120 - Tandem parking prohibition.
14.18.130 - Parking facility dimensions and design.
14.18.140 - Access to public right-of-way.
14.18.150 - Alternate parking locations for uses with insufficient parking.
14.18.160 - Parking lot screening and landscaping.
14.18.170 - Lighting.
14.18.180 - Residential districts—Garage and carport standards.
14.18.190 - Recreational vehicle parking in residential districts.
14.18.200 - Location of parking and maneuvering areas.
14.18.210 - Commercial parking in MR and HR districts.
14.18.220 - On-site and remote parking.
14.18.230 - Parking spaces—In lieu payments.
14.18.240 - Grandfathered parking.
14.18.250 - Permanence of off-street parking.
64. Amend Chapter 14.18 (Parking Standards), Section 14.18.020 (Applicability), adding
sub -section C to read as follows:
C. Parking areas may be reconfigured in compliance with the provisions of this
chapter only.
65. Amend Chapter 14.18 (Parking Standards), Section 14.18.040.0 (Parking
requirements) to read as follows:
C. For properties located within the downtown parking assessment district, see also
Section 14.18.060, Downtown parking assessment district, for additional information on parking
requirements. For properties located in the downtown, west end and environs area, see Section
14.18.061 (Downtown's West End and Environs), for additional information on parking
requirements.
66. Amend Chapter 14.18 (Parking Standards), Section 14.18.040.B (Parking
requirements) to read as follows:
B. Parking Modification - The parking requirement for any specific use listed may
be modified so as to provide adequate parking which is fair, equitable, logical and consistent with
the intent of this chapter. Such modification shall require an application for a use permit and shall
be subject to review by the community development director and city traffic engineer, and
approval by the zoning administrator.
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67. Amend Chapter 14.18 (Parking Standards), adding new Section 14.18.061
(Downtown's West End and Environs) to read as follows:
14.18.061 Downtown's West End and Environs
Parking for all land uses in Downtown's West End and Environs as defined in Section
14.03.030 and depicted on Diagram B of Section 14.03.030 shall be provided consistent with the
following:
A. No additional off-street parking is required for changes in land use and/or the re -
tenanting all or a portion of building square footage, as existing on the date of adoption of this
provision (June 2010). Parking for changes in land use and/or re -tenanting shall be provided by
the parking spaces located on the public streets and on public lots located within this area.
B. Required off-street parking shall be provided for land use changes and building
improvements that result in an increase in the square footage or size of a building, as existing on
the date of adoption of this provision (June 2010). Off-street parking shall be provided consistent
with the requirements in Section 14.18.040 of this chapter.
68. Amend Chapter 14.18 (Parking Standards), Section 14.18.080 (Parking requirements
for reciprocal uses with shared parking facilities) to read as follows:
14.18.080 Parking requirements for reciprocal uses with shared parking facilities.
When two (2) or more uses share a common parking area and when a significant and
complementing variation in period of daily demands occurs (i.e., exclusive day and night uses),
the zoning administrator may grant reductions in the total parking required through a use permit;
provided, that in no instance shall the total parking required be less than would be required for
any one of the independent uses.
69. Amend Chapter 14.18 (Parking Standards), Section 14.18.100.A (Parking space
dimensions) to read as follows:
A. Standard size parking spaces shall be nine feet (9') by nineteen feet (19') in
dimension, except that in Downtown the standard size parking space shall be 8.5 feet by 18 feet in
dimension.
70. Amend Chapter 14.18 (Parking Standards), Section 14.18.130 (Parking facility
dimensions and design), Illustration A to read as follows:
A
9'-0"
8'-6"
8'-0"
{ No change to Mush•ation A Drcm hig& Graphics (2) )
900 TWO WAY ONE WAY PARALLEL
B I C D DIMENSION A I B I C I D
19'-0" 26'-0"
18'-0" 26'-0"
16'-0" 26'-0"
STANDARD
64'-0" City-wide 22'-0"
62' Downtown
NA COMPACT 20'-0"
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
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9'-0" 12'-6"
8'-6"
8'-0" 1214"
30'-6"
NA
A-69
EXHIBIT A
71. Amend Chapter 14.18 (Parking Standards), Section 14.18.220.0 (On-site and remote
parking) to read as follows:
C. Requests for remote, off-site parking shall require an application for a use permit
and shall be subject to a review and recommendations by the community development director
and traffic engineer, and approval by the zoning administrator. Upon zoning administrator
approval of any remote, off-site parking area, and prior to occupancy of the proposed use, which
parking satisfies the parking requirements, the owner of the lot (proposed for remote parking site)
shall execute and record a declaration of restriction, legally binding or similar instrument
satisfactory to the community development director, to restrict the use of the lot to public and
private parking of vehicles so long as the use conducted by applicant, or the applicant's
successors in interest, on the original site shall require the furnishing of parking facilities under
the terms of the Use Permit.
72. Amend Chapter 14.19 (Signs), Section 14.19.030.0 (Exempt signs) to read as follows:
C. On -Site Directional or Informational Signs. Directional or informational signs
placed on-site, which are intended to provide public safety or convenience, not exceeding five (5)
square feet in area per sign. Examples of such signs include, but are not limited to parking lot
directional signs, posting of business hours and location of restrooms, telephones, "parking in
rear," "drive-through service window," and "no -smoking." Premise addressing signs that are
larger than five (5) square feet in size shall be exempt if the larger addressing sign is required by
the Fire Code.
73. Antend Chapter 14.19 (Signs), Section 14.19.053.D.1 (Location, placement and design
of signs) to read as follows:
1. Where a building is located on a one-way street, or where public visibility of the
front face or front entrance of the building is limited or impaired, the permitted sign may be
placed on the side or rear face or elevation of the building to improve visibility, provided that the
provisions for sign size and number are not exceeded.
74. Amend Chapter 14.19 (Signs), Table 14.19-1 (Requirements and Limitations for
Freestanding Signs) to read as follows:
Table 14.19-1
Requirements and Limitations for Freestanding Signs
( Table Inset No changes to Table )
* "Freeway -Oriented" means those businesses and uses directly facing a frontage road, which is both parallel to and
generally level with US Highway 101 or Interstate 580.
** Height bonus permitted: one foot of sign height for every five feet of sign setback measured from the property line, up to
a maximum sign height of 25 feet.
+ Minimum building setback measured from property line.
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++ Freestanding sign height shall be measured from the ground level or grade at which the sign is placed to the highest
elevation point of the sign.
Note: See Table 14.19-2 (Sign Regulations for Zoning Districts) and 14.19.060 (Commercial. office, industrial marine districts)
for additional requirements.
75. Amend Chapter 14.19 (Signs), Table 14.19-2 (Sign Regulations for Zoning Districts) to
read as follows:
Table 14.19-2
Sign Regulations for Zoning Districts
{Table Inset No changes to Table)
+ Exception: Internally illuminated and backlit illumination permitted for property and building address signs.
* Freeway -oriented signs are permitted for businesses and properties, which directly face a frontage road that is both parallel
to and generally level with Highways US 101 or i-580 (Table 14.19-1).
** Unless, as noted, where more than one sign is permitted for a business or use, the combined area of the signs shall not
exceed the maximum permitted sign area (see Section 14.19.061).
Note: See Table 14.19-1 (Requirements and limitation for freestanding signs) and Section 14.19.053.E (Placement and Design of
Freestanding Signs) for additional requirements.
76. An:end Chapter 14.22 (Use Permits), Section 14.22.020 (Authority), adding new sub-
section B, as follows:
B. When, in the opinion of the community development director, any matter set
forth in Section 14.22.020.A of this chapter or in the land use regulation tables listed in each of
the zoning districts regulated by this title: 1) is deemed to be an insignificant or inconsequential
change in use; 2) will not have a detrimental impact on surrounding properties; and 3) is not a use
warranting the designated level of review, the use pen -nit application may be processed and acted
on by the zoning administrator. In cases where the zoning administrator takes action on a use
permit application that would typically be reviewed and acted on 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 use permit review is being
delegated from the planning commission to the zoning administrator 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, 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.
77. Amend Chapter 14.22 (Use Permits), Section 14.22.160 (Revocation) to read as
follows:
14.25.160 Revocation.
A use operated in violation of a condition of permit approval or a provision of this title
may be revoked, as provided in Chapter 14.30, Enforcement.
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78. Amend Chapter 14.22 (Use Permits), Section 14.24.020.A.2 (Authority) to read as
follows:
2. In any residential district, the maxi►nu►n height of any front yard or street side
yard fence may be increased by a maximum of two feet (2') to prevent access to natural or
physical hazardous conditions either on the lot or on an adjacent lot.
79. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.020
(Authority) to read as follows:
14.25.020 Authority.
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 detenninations on environmental and design review applications for any minor physical
improvement listed under Section 14.25.040(B), and on time extensions to major and minor
environmental and design review permit approvals. When, in the opinion of the zoning
administrator, an applicant or a member of the public, any matter set forth in Section
14.25.040(B) does not meet the applicable review criteria set forth in Section 14.25.050, the
application shall be forwarded to the design review board for its recommendation. Requests for
referral to the design review board made by an applicant or member of the public must be made
in writing within the public review period and prior to the conclusion of the zoning
administrator's public hearing, and must set forth specific reasons why it is believed that the
proposed design does not meet the applicable review criteria.
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 tine extensions to
administrative environmental and design review pen -nit 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
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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.
80. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections
14.25.030.A and B (Application) to read as follows:
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 board policies prior to
preparing detailed drawings.
B. Conceptual Review Required. The applicant of a development subject to major
environmental and design review shall submit an application for conceptual review by the design
review board. Conceptual review focuses on the conceptual design approach, and gives both the
design review board and the applicant the opportunity to work together to achieve a quality
design by providing an opportunity for the board to identify and discuss relevant issues and
indicate the appropriateness of the design approach. Submittal materials shall include a site plan,
floor plans and building elevations with sufficient detail to convey the proposed design direction.
The applicant's presentation should have a level of detail adequate to show the architect's
analysis of the problem and to explain the proposed design solution. Conceptual review is
optional for development subject to minor environmental design review.
81. An:end Chapter 14.25 (Environnhental and Design Review Permits), Section
14.25.030. C.4 (Application) to read as follows:
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).
82. Anhend Chapter 14.25 (Environmental and Design Review Pernhits), Section
14.25.030. C, adding new sub -section C.12 to read as follows:
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.
83. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections
14.25.040.A.2.a, 2.b and 2.d (Inhprovenhents subject to review, major physical inhprovenhents) to
read as follows:
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a. Additions to multi -family 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.),
d. Second dwelling units which entail or are included in upper -story additions to the
principal residential dwelling which exceed five hundred (500) square feet, constitute upper -story
additions of any size to separate or accessory structures or are located in required side or rear
setbacks (required setback for principal structure);
84. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections
14.25.040.A.3.a and 3.c (Improvements subject to review, major physical improvements) to
read as follows:
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,
C. Landscaping as part of a development subject to major environmental and design
review,
85. Antend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.040.A (Improvements subject to review, Major physical improvements), adding new sub-
section A.6 to read as follows:
6. New major wireless telecommunications facility, as prescribed under Chapter
14.16.360.B.
86. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.040.B.1 (Improvements subject to review, minor physical improvements) to read as
follows:
1. New construction and modifications, including, but not limited to:
a. Any new residence or residential additions over five hundred (500) square feet in
size, upper -story additions of any 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 new single-family residence or duplex consisting of two (2) or more
habitable floors, or an 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),
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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 multi -family 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. Upper -story additions of any size to single-family and duplex residential
structures,
f. New construction or reconstruction of boat docking facilities,
g. Additions and alterations 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,
h. 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);
i. New minor wireless communications facilities, as prescribed under Chapter
14.16.360.B.
87. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections
14.25.040.B.2.b, 2.c, 2.d and 2.e (Improvements subject to review, minor physical
improvements) to read as follows:
b. Landscaping, exterior lighting, fencing, and retaining walls over three feet (3')
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, multi -family or non-residential 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,
88. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.040.0 (Administrative Design Permits) to read as follows:
*C. Administrative Design Permits.
1. 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;
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2. New single-family residences located on a flag lot,
3. New one-story duplexes,
4. Conversion of a single-family residence to a duplex;
5. 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.
6. Outdoor eating areas (as prescribed by Section 14.17.110);
7. 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;
8. Satellite dishes over the height limit in a multifamily or nonresidential district;
9. Fences over six feet (6) in height (residential and non residential), and as set
forth under the criteria in Section 14.16.140;
10. Non-residential fencing proposed to be located in a front yard or between the
principal building and public street frontage(s);
IL Detached accessory structures located on hillside residential lots with slopes of
25% or greater or located in areas with a general plan land use designation of hillside residential
or hillside resource residential,
12. Retaining walls over 3 -feet in height (measured from the lowest adjacent grade)
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;
13. Minor landscaping or grading modifications to a hillside lot or ridgeline lot,
including retaining walls 3 -feet or less in height that would potentially impact the hillside
character of the site, to assure compliance with the —H overlay district property development
standards.
14. Minor landscaping revisions to existing or approved multi -family or non-
residential development that are determined to alter the character of the site;
15. Minor modifications to existing parking lots (reconfiguration or expansion);
16. 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 (Non -conforming
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 Chapter 14.16.360.B.
22. Development subject to review for an administrative design pen -nit pursuant to
any other provision of this title.
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EXHIBIT A
89. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.040.D (Exceptions) to read as follows:
D. Exceptions.
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 I4.25.040.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. 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.
90. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.050.B (Review criteria) to read as follows:
B. Consistency with Specific Plans. In addition to the criteria listed below,
development will also 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 2020,
specifically the Neighborhood and Community Design elements, and any design guidelines or
amendments that are adopted by resolution.
91. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.050.
F.6 (Review criteria, Architecture) and sirb-section F. 6.a. to read as follows:
6. Upper -Story Additions and Modifications Which Result in More Than One
Floor. Design review of new two (2) story 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.
92. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.050. G.2 (Landscape Design) to read as follows:
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-77
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EXHIBIT A
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 No.414, and future amendments, as adopted. Where available and when
deemed appropriate, reclaimed water shall be used for irrigation.
93. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.050. G.4 (Landscape Design) to read as follows:
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.
94. Amend Chapter 14.25 (Environmental and Design Review Permits), Sections
14.25.070.A and F. (Design review board) to read as follows:
A. Purpose and Authority. The design review board shall serve as an advisory body
to the city for the purpose of reviewing and formulating recommendations on all major physical
improvements requiring environmental and design review permits and on other design matters,
including minor physical improvements or administrative design permits, referred to the board by
the community development director, planning commission or city council. The design review
board shall provide professional design analysis, evaluation and judgment as to the completeness,
competence and appropriateness of development proposals for their use and setting and to
recommend approval, approval with conditions, redesign or denial based on design standards
adopted by the city council.
(No text changes to Sub -sections B through E )
F. Meetings. At least one regular design review board meeting shall be held each
month on a date selected by the board, unless there is no business to conduct. The design review
board may adopt and amend as necessary, Rules of Order ensuring efficient and responsive board
meetings.
[No text changes to Sub -sections G through 1)
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-78
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001
EXHIBIT A
95. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.080
(Conditions of approval) and sub -sections 14.25.080.B and C. to read as follows:
14.25.080 Conditions of approval.
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:
(No text changes to Sub -section A )
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 design review board and approval of an administrative environmental
and design review permit.
96. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.090 (Findings) to read as follows:
14.25.090 Findings.
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:
(No text changes to Sub -sections A through D )
97. Amend Chapter 14.25 (Environmental and Design Review Permits), Section 14.25.150
(Extensions) to read as follows:
14.25.150 Extensions.
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.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-79
Title 14 (Zoning) —Adopted June 7, 2010
Z009-001
EXHIBIT A
98. Amend Chapter 14.25 (Environmental and Design Review Permits), Section
14.25.190.A, C & F (Construction review and enforcement) to read as follows:
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.
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 there from,
either in the plans or on the site.
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.
99. Amend Chapter 14.29 (Public Notice), Section 14.29.020 (Notice of public meeting or
hearing), adding new sub -section C to read as follows:
C. Neighborhood Meetings. When neighborhood meetings are required in
accordance with City Council Resolution 8037, or subsequent amendments, noticing shall follow
the procedures in this Chapter.
W:... Zoning Ordinance Amendments:'ZOamnd.Exhibit A_Adopted 6-7-10
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE A-80
Title 14 (Zoning) — Adopted June 7, 2010
Z009-001