HomeMy WebLinkAboutOrdinance 1625 (Zoning Ordinance Amendment)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, 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. j59 -s entitled:
"AN ORDINANCE AMENDING CHAPTER 14 (THE ZONING ORDINANCE) OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, CALIFORNIA"
is a true and correct copy of an ordinance of said City and was
introduced at a REM I AR
meeting of the City Council
of the City of San Rafael, held on the 8th day of
synopsis*
SFPTFMRFR , 1992, /publisheds-regttired -bey-C-tty�C-ka-r�eF in the
MRIN_INDEPENDENT .1IIRNAI , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a REG 11 AR
meeting
of the City
Council
of
said City
held on the 1 st
day of
SEPTEMBER ,
19 92,
by
the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
*As directed by Gary T. Ragghianti, City Attorney
WITNESS my hand and the official seal
of the City of San Rafael this
13th clay of QCT UP ,
19_qZ- .
�- ht
JEANNE/ LEONCIN City erk
CITY OF SAN RAFAEL ZONING ORDINANCE
TABLE OF CONTENTS
PART I — GENERAL PROVISIONS
Chapter 1 Title, Components, and Purposes
14.01.010 Title
14.01.020 Components
14.01.030 Purposes
Chapter 2 Organization, Applicability, and Interpretation
Title 14 of the Municipal Code
Page
14.02.010
Organization
2-1
14.02.020
General Rules of Applicability of Zoning Regulations
2-1
14.02.030
Applicability of Land Use and Development Regulations
2-2
14.02.040
Rules for Interpretation; Record-keeping
2-3
14.02.050
Effect of this Ordinance on Approved Projects and Projects
2-4
4-6
in Process
Commercial
Chapter 3 Definitions
14.03.010
Purpose and Applicability
3-1
14.03.020
Rules for Construction of Language
3-1
14.03.030
Definitions
3-1
PART II — BASE DISTRICT REGULATIONS
Chapter 4 Residential Districts (R, DR, MR, HR)
14.04.010
Specific Purposes
4-1
14.04.020
Land Use Regulations (R, DR, MR, HR, PD)
4-3
14.04.030
Property Development Standards (R)
4-5
14.04.040
Property Development Standards (DR, MR, HR)
4-6
Chapter 5
Commercial
and Office Districts (GC, NC, O, DCC, C/O, RIO, FBWC)
14.05.010
Specific Purposes
5-1
14.05.020
Land Use Regulations (GC, NC, O, DCC, C/O, R/O, FBWC)
5-4
14.05.030
Property Development Standards (GC, NC, O, DCC, C/O,
5-10
R/O, FBWC)
Chapter 6
Industrial Districts (I, LUO, CCl/O)
14.06.010
Specific Purposes
6-1
14.06.020
Land Use Regulations (I, LI/O, CCI/O)
6-2
14.06.030
Property Development Standards (I, LI/O, CCI/O)
6-6
Chapter 7
Planned Development District (PD)
14.07.010
Specific Purposes
7-1
14.07.020
Land Use Regulations
7-1
14.07.030
Property Development Regulations
7-1
14.07.040
Authority
7-2
14.07.050
Application
7-2
14.07.060
Required Plans and Materials
7-2
14.07.070
Initial Consultation; Concept Plan Review
7-3
14.07.080
Public Notice and Hearing
7-3
14.07.090
Findings
9-3
14.07.100
Content of PD Zoning Approvals
7-4
14.07.110
Notice of Decision
7-4
14.07.120
Effect of Failure to Give Notice
7-4
14.07.130
Effective Date; Status of Development Plan
7-4
14.07.140
Zoning Map Designation
7-4
14.07.150
Amendments to PD Zoning and Development Plans; New
7-4
Application
14.07.160
Revocation
7-5
14.07.170
New Applications Following Denial or Revocation
7-5
Chapter 8
Marine -Related
Districts (M, MC)
14.08.010
Specific Purposes
8-1
14.08.020
Land Use Regulations (M, MC)
8-2
14.08.030
Property Development Standards (M, MC)
8-4
K
TABLE OF CONTENTS
Chapter 9 Public/Quasi-Public District (P/QP)
Page
14.09.010
Specific Purposes
9-1
14.09.020
Land Use Regulations (P/QP)
9-2
14.09.030
Property Development Standards (P/QP)
9-3
Chapter 10 Parks/Open
Space District (P/OS)
12-1
14.10.010
Specific Purposes
10-1
14.10.020
Land Use Regulations (P/OS)
10-2
14.10.030
Property Development Standards (P/OS)
10-3
Chapter it Water District (W)
Identified and Unidentified Wetlands
14.11.010
Specific Purposes
11-1
14.11.020
Land Use Regulations (W)
11-2
14.11.030
Property Development Standards (W)
11-3
PART III — OVERLAY DISTRICT REGULATIONS
Chapter 12 Hillside Development Overlay DIstrict (-H)
14.12.010
Specific Purposes
12-1
14.12.020
Criteria for Establishment of Hillside Development
12-1
14.14.030
Overlay District
14-1
14.12.030
Property Development Standards (-H)
12-1
Chapter 13 Wetland Overlay
District (-WO)
14-1
14.13.010
Specific Purposes
13-1
14.13.020
Criteria for Establishment of Wetland Overlay District for
13-1
Specific Purposes and Applicability
Identified and Unidentified Wetlands
14.16.020
14.13.030
Land Use Regulations (-WO)
13-2
14.13.040
Property Development Regulations (-WO)
13-3
14.13.050
Application for a Use Permit
134
14.13.060
Conditions of Approval
13-5
14.13.070
Findings
13-5
14.13.080
Wetland Restoration and Creation
13-6
14.13.090
Wetland Management Plan
13-6
14.13.100
Enforcement
13-7
Chapter 14 Downtown Review Overlay District (-D)
14.14.010
Specific Purposes
14-1
14.14.020
Authority
14-1
14.14.030
Application
14-1
14.14.040
Improvements Subject to Review
14-1
14.14.050
Downtown Design Criteria
14-1
14.14.060
Processing
14-3
Chapter 15 Canalfront Review Overlay District (-C)
14.15.010
Specific Purposes
15-1
14.15.020
Authority
15-1
14.15.030
Application
15-1
14.15.040
Improvements Subject to Review
15-1
14.15.050
Canalfront Design Guidelines
15-1
14.15.060
Processing
15-2
PART IV — REGULATIONS APPLYING G IN ATT OR SEVERAL DISTRICTS
Chapter 16 Site and Use Regulations
14.16.010
Specific Purposes and Applicability
16-1
14.16.020
Accessory Structures
16-1
14.16.030
Affordable Housing Requirement
16-2
14.16.040
Buildings Over Three Stories
16-2
14.16.050
Conservation Areas — Development Potential
16-2
14.16.060
Conservation of Dwelling Units
16-2
14.16.070
Conversion or Demolition of Dwelling Units
16-3
14.16.080
Creeks and Other Watercourses
16-3
11
I1
TABLE OF CONTENTS
Page
14.16.090
Density Bonus
16-4
14.16.100
Development Agreements
16-4
14.16.110
Drive -Through Facilities
164
14.16.120
Exclusions to the Maximum Height Requirement
16-5
14.16.130
Exclusions to the Required Minimum Yards
16-5
14.16.140
Fences
16-5
14.16.150
Floor Area Ratios Applicable to Non -Residential
16-6
14.17.070
Development
17-4
14.16.160
Gasoline Stations
16-10
14.16.170
Geotechnical Review
16-10
14.16.180
Hazardous Soils Conditions
16-10
14.16.190
Height Bonus
16-10
14.16.200
Hillside Residential Development Standards
16-10
14.16.210
Historic Preservation
16-11
14.16.220
Home Occupations
16-11
14.16.230
Lot Consolidation When Development Occurs
16-12
14.16.240
Manufactured Homes
16-12
14.16.250
Motor Vehicle Maintenance and Storage in Residential
16-12
Districts
14.16.260
Noise Standards
16-13
14.16.270
Nonconforming Structures and Uses
16-14
14.16.280
Satellite Dishes in Residential Districts
16-15
14.16.290
Shoreline Embankments
16-16
14.16.300
Small Lots
16-16
14.16.310
State Lands Commission Title Claims (Allardt's Canal)
16-16
14.16.320
Swimming Pools and Hot Tubs
16-16
14.16.330
Transfer of Density Among Properties
16-16
14.16.340
Transfer of Density On -Site
16-18
14.16.350
Trip Allocations
16-18
Chapter 17 Performance Standards
14.17.010
Specific Purposes
17-1
14.17.020
Animal Keeping
17-1
14.17.030
Emergency Shelters for the Homeless
17-2
14.17.040
Family Day Care Homes, Large
17-3
14.17.050
Food Service Establishments, Offices and Financial
17-3
14.18.060
Institutions in the Downtown Core Commercial District
18-6
14.17.060
Fortunetelling
17-4
14.17.070
Came Arcades
17-4
14.17.080
Mobilehome Parks
17-5
14.17.090
Motor Vehicle Repair Uses (Major or Minor)
17-6
14.17.100
Residential Uses in Commercial Districts
17-6
14.17.110
Seasonal Outdoor Eating Areas Proposed in Conjunction
17-7
14.18.120
With Food Service Establishments
18-8
14.17.120
Second Dwelling Units
17-8
14.17.130
Temporary Uses
17-10
Chapter 18 Parking Standards
14.18.010
Specific Purposes
18-1
14.18.020
Applicability
18-1
14.18.030
Computation
18-2
14.18.040
Parking Requirements
18-2
14.18.050
Off -Street Loading and Unloading
18-6
14.18.060
Downtown Parking Assessment District
18-6
14.18.070
Parking Requirements for Multiple Uses
18-7
14.18.080
Parking Requirements for Reciprocal Uses With Shared
18-7
Parking Facilities
14.18.090
Bicycle Parking
18-7
14.18.100
Parking Space Dimensions
18-8
14.18.110
Compact Parking Spaces - Allowable Percentage
18-8
14.18.120
Tandem Parking Prohibition
18-8
14.18.130
Parking Facility Dimensions and Design
18-8
14.18.140
Access to Public Right -of -Way
18-9
14.18.150
Alternate Parking Locations for Uses With Insufficient Parking
18-10
iii
TABLE OF CONTENTS
Page
iv
14.18.160
Parking Lot Screening and Landscaping
18-10
14.18.170
Lighting
18-11
14.18.180
Residential Districts - Garage and Carport Standards
18-11
14.18.190
Recreational Vehicle Parking in Residential Districts
18-I1
14.18.200
Location of Parking and Maneuvering Areas
18-11
14.18.210
Commercial Parking in MR and HR Districts
18-12
14.18.220
On -Site and Remote Parking
18-12
14.18.230
Parking Spaces - In Lieu Payments
18-12
14.18.240
Grandfathered Parking
18-12
14.18.250
Permanence of Off -Street Parking
18-13
Chapter 19
Signs
14.19.010
Specific Purposes
19-1
14.19.020
What is Permitted
19-1
14.19.030
What is Prohibited
19-13
14.19.040
What is Exempt (Repealed, see section 14.19.020F)
19-15
14.19.050
Permit Procedure
19-15
14.19.060
Adjustments
19-16
14.19.070
Variance
19-17
14.19.080
Correction of Nonconforming Signs
19-17
14.19.090
Violations and Enforcement
19-19
14.19.100
Definitions
19-19
PART V — ADMINISTRATIVE
Chapter 20
REGULATIONS
Zoning Administrator Authority
14.20.010
Specific Purposes
20-1
14.20.020
Zoning Administrator Authority Established
20-1
14.20.030
Appointment of the Zoning Administrator
20-1
14.20.040
Actions of the Zoning Administrator
20-1
14.20.050
Adoption of Procedures
20-1
14.20.060
Public Notice and Hearing on Zoning Administrator Items
20-1
14.20.070
Referral to Planning Commission on Zoning Administrator
20-1
Items
Chapter 21
Administrative Use Permits
14.21.010
Specific Purposes
21-1
14.21.020
Applicability
21-1
14.21.030
Authority
21-1
14.21.040
Referral to Planning Commission
21-1
14.21.050
Application
21-2
14.21.060
Public Notice and Hearing
21-2
14.21.070
Conditions of Approval
21-2
14.21.080
Findings
21-2
14.21.090
Notice of Decision
21-2
14.21.100
Appeals
21-2
14.21.110
Effective Date of Permif
21-2
14.21.120
Approval to Run With the Land
21-2
14.21.130
Extensions
21-3
14.21.140
Amendments; New Application
21-3
14.21.150
Revocation
21-3
14.21.160
New Applications Following Denial or Revocation
21-3
14.21.170
Expiration
21-3
Chapter 22
Use Permits
14.22.010
Specific Purposes
22-1
14.22.020
Authority
22-1
14.22.030
Application
22-2
14.22.040
Master Use Permits
22-2
14.22.050
Multiple Applications
22-2
14.22.060
Public Notice and Hearing
22-2
14.22.070
Conditions of Approval
22-3
14.22.080
Findings
22-3
14.22.090
Notice of Decision
22-3
iv
s�
TABLE OF CONTENTS
Page
V
14.22.100
Effect of Failure to Give Notice
22-3
14.22.110
Appeals
22-3
14.22.120
Effective Date of Permit
22-3
14.22.130
Approval to Run With the Land
22-4
14.22.140
Extensions
224
14.22.150
Amendments; New Application
224
14.22.160
Revocation
221
14.22.170
New Applications Following Denial or Revocation
224
14.22.180
Expiration
Y44
Chapter 23
Variances
14.23.010
Specific Purposes
23-1
14.23.020
Authority
23-1
14.23.030
Application
23-1
14.23.040
Multiple Applications
23-1
14.23.050
Public Notice and Hearing
23-2
14.23.060
Conditions of Approval
23-2
14.23.070
Findings
23-2
14.23.080
Notice of Decision
23-3
14.23.090
Effect of Failure to Give Notice
23-3
14.23.100
Appeals
23-3
14.23.110
Effective Date of Permit
23-3
14.23.120
Approval to Run With the Land
23-3
14.23.130
Extensions
23-3
14.23.140
Amendments; New Application
23-3
14.23.150
Revocation
23-3
14.23.160
New Applications Following Denial or Revocation
23-3
14.23.170
Expiration
23-3
Chapter 24
Exceptions
14.24.010
Specific Purposes
24-1
14.24.020
Authority
24-1
14.24.030
Application
24-2
14.24.040
Public Notice and Hearing
24-2
14.24.050
Conditions of Approval
24-2
14.24.060
Findings
24-2
14.24.070
Notice of Decision
24-2
14.24.080
Appeals
24-3
14.24.090
Effective Date of Permit
24-3
14.24.100
Approval to Run With the Land
24-3
14.24.110
Extensions
24-3
14.24.120
Amendments; New Application
24-3
14.24.130
Revocation
24-3
14.24.140
New Applications Following Denial or Revocation
24-3
14.24.150
Expiration
24-3
Chapter 25
Environmental and Design Review Permits
14.25.010
Specific Purposes
25-1
14.25.020
Authority
25-1
14.25.030
Application
25-2
14.25.040
Improvements Subject to Review
25-2
14.25.050
Review Criteria
25-5
14.25.060
Public Notice and Hearing
25-8
14.25.070
Design Review Board
25-9
14.25.080
Conditions of Approval
25-9
14.25.090
Findings
25-10
14.25.100
Notice of Decision
25-10
14.25.110
Effect of Failure to Give Notice
25-10
14.25.120
Appeals
25-10
14.25.130
Effective Date of Permit
25-10
14.25.140
Approval to Run With the Land
25-10
14.25.150
Extensions
25-10
14.25.160
Amendments; New Application
25-10
14.25.170
Revocation
25-11
14.25.180
New Application Following Denial or Revocation
25-11
V
TABLE OF CONTENTS
Page
Vi
14.25.190
Construction Review and Enforcement
25-11
14.25.200
Expiration
25-11
Chapter 26
Trip Permits
14.26.010
Specific Purposes
26-1
14.26.020
Authority
26-1
14.26.030
Application
26-1
14.26.040
Criteria for Use of Bonus Trips
26-2
14.26.050
Findings
26-2
14.26.060
Modifying or Abandoning Reserve Trip Categories
26-2
14.26.070
Approvals to Run With the Project
26-3
14.26.080
Extensions
26-3
14.26.090
Timing of Trip Transfer Approvals; Effective Date of Permit
26-3
Chapter 27
Amendments
14.27.010
Specific Purposes
27-1
14.27.020
Authority
27-1
14.27.030
Initiation of Amendments
27-1
14.27.040
Application for Amendments Initiated by the Public
27-1
14.27.050
Public Notice and Hearing
27-2
14.27.060
Findings
27-2
14.27.070
Notice of Decision
27-2
14.27.080
Effect of Failure to Give Notice
27-2
14.27.090
Revisions of Proposed Amendments
27-2
14.27.100
New Applications Following Denial
27-3
14.27.110
Prezoning
27-3
Chapter 28
Appeals
14.28.010
Purpose and Authorization for Appeals
28-1
14.28.020
Right of Appeal
28-1
14.28.030
Filing and Time Limit of Appeals
28-1
14.28.040
Public Notice and Hearing
28-1
14.28.050
Notice of Decision
28-1
14.28.060
Effect of Failure to Give Notice
28-1
14.28.070
Effective Date of Appealed Actions
28-2
14.28.080
New Appeal
28-2
Chapter 29
Enforcement
14.29.010
Specific Purposes
29-1
14.29.020
Authority of Code Enforcement Office Established
29-1
14.29.029
Permits, Licenses, Certificates and Approvals
29-1
14.29.040
Violations
29-1
14.29.050
Each Day a Separate Violation
29-1
14.29.060
Enforcement Actions
29-1
14.29.070
Revocation of Discretionary Permits
29-2
Vi
ORDINANCE NO. 1625
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING CHAPTER 14 (THE ZONING ORDINANCE)
OF THE SAN RAFAEL, MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1 Amendment
Chapter 14 of the Municipal Code of the City of San Rafael, California is hereby amended as provided
In the accompanying text and maps.
Chapter 1 Title, Components, and Purposes
Sections:
14.01.010 Title
14.01.020 Components
14.01.030 Purposes
14.01.010 Title
This title, Title 14 of the San Rafael Municipal Code, shall be known and cited as the San Rafael
Zoning Ordinance, or, the Zoning Ordinance.
14.01.020 Components
The Zoning Ordinance shall consist of the following components:
A. A map, or set of maps, known as the zoning map, delineating the boundaries of zoning districts
within the City of San Rafael.
B. Regulations, known as zoning regulations, governing the use of land, and placement of buildings
and improvements within the various classes of districts. Such regulations shall include, but not
be limited to, property development standards for each district, parking standards, performance
standards, and procedural rules for administering the ordinance.
A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be
kept on file with the City Clerk and shall constitute the original record. A copy of the zoning
regulations and zoning map currently in effect shall also be kept on file in the Planning Department.
14.01.030 Purposes
The San Rafael Zoning Ordinance is adopted to promote and protect the public health, safety, peace,
comfort and general welfare. The Zoning Ordinance is also intended to promote the following more
specific purposes:
A. To implement and promote the goals and policies of the San Rafael General Plan, so as to guide
and manage future development in the City in accordance with such Plan.
B. To foster harmonious and workable relationships among land uses.
C. To reduce or remove negative impacts caused by inappropriate location, use or design of buildings
and improvements.
D. To protect, strengthen and diversify the economic base of the City.
E. To promote viable commercial and industrial enterprises that provide diverse employment
opportunities for city residents.
F. To ensure the adequate provision of light, air, space, fire safety and privacy between buildings.
G. To provide adequate, safe and effective off-street parking and loading facilities.
H. To promote a safe, effective traffic circulation system, and maintain acceptable local circulation
system operating conditions.
1-1
1. To promote design quality in all development and to preserve and enhance the city's existing
historic, architectural, and cultural resources.
). To preserve and enhance natural resources and key visual features in the community, including
the bay shoreline, canal, wetlands, and hillsides.
K. To protect and conserve the City's existing housing stock.
L. To promote housing development to meet housing needs, including affordable housing and special
housing needs.
M. To coordinate the service demands of new development with the capacities of existing streets,
utilities and public services.
N. To provide for effective citizen participation in decision-making.
1-2
Chapter 2 Organization, Applicability and Interpretation
Sections:
14.02.010 Organization
14.02.020 General Rules of Applicability of Zoning Regulations
14.02.030 Applicability of Land Use and Development Regulations
14.02.040 Rules for Interpretation; Record-keeping
14.02.050 Effect of this Ordinance on Approved Projects and Projects in Process
14.02.010 Organization
A. The Zoning Ordinance is divided into five parts:
I. General Provisions
II. Base District Regulations
III. Overlay District Regulations
IV. Regulations Applying in All or Several Districts
V. Administrative Regulations
B. Three types of zoning regulations control use and development of property:
1. Land Use Reeulations specify land uses permitted or conditionally permitted in each zoning
district, and include special requirements, if any, applicable to specific uses. Land use
regulations for base zoning districts are contained in Part II of the Zoning Ordinance. Land
use regulations for overlay districts are contained in Part III of the Zoning Ordinance.
Certain regulations applicable in all or several districts are included in Part IV.
2. Development Reeulations control the height, bulk, and location of structures on
development sites and establish other development standards. Development regulations
for each base zoning district are in Part 11 of the Zoning Ordinance; development
regulations for overlay districts are contained in Part III. Certain development regulations,
applicable in more than one base or overlay district, are contained in Part IV. These
include site and use regulations, performance standards for certain uses, and parking and
sign regulations.
3. Administrative Reeulations contain detailed procedures for the administration of zoning
regulations, including requirements for administrative permits, use permits, variances,
exceptions, design review permits, Zoning Ordinance amendments, appeals and
enforcement. Administrative regulations are contained in Part V of the Zoning Ordinance.
14.02.020 General Rules for Applicability of Zoning Regulations
A. Anolicability to Pronertv. Zoning regulations shall apply to all land within the City of San
Rafael, including land owned by the City of San Rafael and other local, state or federal
agencies, where applicable. Application of regulations to specific lots shall be governed by the
Zoning Map.
B. Avo_ licability to Streets and Riehts-of Way. Public streets, utility and other right-of-ways
are the boundaries of the zoning districts. In cases where right-of-ways are abandoned, the
centerline shall be used as the district boundary.
C. Comoliance with Reeulations. No land shall be used, and no structure shall be constructed,
occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions
of this TItle.
D. Public Nuisance. Neither the provisions of this Title nor the approval of any permit
authorized by this Title shall authorize the maintenance of any public nuisance, as defined in
Chapter 1.16 (Nuisance Abatement) and Chapter 1.20 (Nuisances).
E. Compliance with Public Notice Requirements., Compliance with public notice requirements
prescribed by this Title shall be deemed sufficient notice to allow the City to proceed with a
public hearing and take action on an application, regardless of actual receipt of mailed or
delivered notice.
F. Conflict with Other Reeulations. Where conflict occurs between the provisions of this Title
and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive
provision shall control unless otherwise specified in this Title.
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G. Relation to Private Agreements, This Title shall not interfere with or annul any easement,
covenant, or other agreement now in effect, provided that where this Title imposes greater
restriction than imposed by an easement, covenant, or agreement, this Title shall control.
H. Anolication Durine Local Ememencv. The City Council may authorize deviations from any
provision of this Title during a local emergency. Such deviations shall be authorized by
resolution of the City Council, without notice or public hearing.
I. Severability. If any section, subsection, sentence or phrase of this Title is for any reason held to
be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this
Title shall not be affected. It is expressly declared that this Title and each section, subsection,
sentence, and phrase would have been adopted regardless of the fact that one or more other
portions of this Title would be declared invalid or unconstitutional.
14.02.030 Applicability of Land Use and Development Regulations
A. Zonine Desienation Svstem. Land use and development regulations applicable to specific sites
shall be shown on the Zoning Map by zoning designations consisting of initial letters from the
name of each zoning district.
B. Establishment of Base Zonine_ 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
4
Minimum lot size 2 acre
Rla
Single-family Residential District
4
Minimum lot size: 1 acre
R20
Single-family Residential District
4
Minimum lot size 20,000 sq. ft.
R10
Single-family Residential District
4
Minimum lot size 10,000 sq. ft.
R7.5
Single-family Residential District
4
Minimum lot size 7,500 sq. ft.
R5
Single-family Residential District
4
Minimum lot size: 5,000 sq. ft.
DR
Duplex Residential District
4
2,500 sq. ft. per dwelling unit
MR5
Multifamily Residential District (Medium Density)
4
5,000 sq. ft. per dwelling unit
MR3
Multifamily Residential District (Medium Density)
4
3,000 sq. ft. per dwelling unit
MR2.5
Multifamily Residential District (Medium Density)
4
2,500 sq. ft. per dwelling unit
MR2
Multifamily Residential District (Medium Density)
4
2,000 sq. ft. per dwelling unit
HR1.8
Multifamily Residential District (High Density)
4
1,800 sq. ft. per dwelling unit
HR1.5
Multifamily Residential District (High Density)
4
1,500 sq. ft. per dwelling unit
HR1
Multifamily Residential District (High Density)
4
1,000 sq. ft. per dwelling unit
VMA
GC
General Commercial District
5
NC
Neighborhood Commercial District
5
Designator
1,800 sq. ft. per dwelling unit
Chapter
O
Office District
5
DCC
Downtown Core Commercial District
5
-D
1,000 sq. ft. per dwelling unit
14
C/O
Commercial /Office District
5
1,000 sq. ft. per dwelling unit
R/O
Residential/Office District
5
1,000 sq. ft. per dwelling unit
FBWC
Francisco Boulevard West Commercial District
5
I
Industrial District
6
LI/O
Light Industrial/Office District
6
CCI/O
Core Canal Industrial/Office District
6
PD
Planned Development District
7
M
Marine District
8
MC
Marine Commercial District
8
P/QP
Public/Quasi-Public District
9
P/OS
Parks/Open Space District
10
W
Water District
11
C. Establishment of Overlav Zonine Districts. Overlay zoning districts, one or more of which may
be combined with a base district, are established as follows:
Overlay
District
Designator
Overlay District Name
Chapter
-H
Hillside Development Overlay District
12
-WO
Wetland Overlay District
13
-D
Downtown Review Overlay District
14
-C
Canalfront Review Overlay District
15
14.02.040 Rules for Interpretation; Record-keeping
A. Zonine Man. Where uncertainty exists regarding the boundary of a zoning district, the
following rules shall apply:
1. District boundaries shown as approximately following the property line of a lot shall be
construed to follow such property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the
district boundary shall be determined by using the scale appearing on the zoning map,
unless the boundary location is indicated by dimensions printed on the map.
3. Any parcels inadvertently not zoned shall be rezoned consistent with the General Plan land
use designation and surrounding zoning classifications.
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Land Use Categorim land use categories include uses having similar characteristics, but do not
specify every use or activity that may appropriately be within the category. The Planning
Director shall determine whether a specific use shall be deemed to be within one or more use
category or not within any use in this Title. The Planning Director may determine that a
specific use shall not be deemed to be within a use category, whether or not named within the
classification, if its characteristics are substantially incompatible with those typical of a
specific use. Any new use, or any use that cannot be clearly determined to be in an existing use
classification, may be incorporated into the zoning regulations by a Zoning Ordinance text
amendment, as provided in Chapter 27 (Amendments).
C. Zonine Reeulations. Where uncertainty exists regarding the interpretation of any provision of
this Title or its application to a specific site, the Planning Director shall determine the intent
of the provision.
D. Appeals. An interpretation of the zoning map, use classifications, or zoning regulations by the
Planning Director may be appealed to the Planning Commission, as provided in Chapter 28
(Appeals).
14.02.050 Effect of this Ordinance on Approved Projects and Projects in Process
A. Use permits, variances, design permits, and tentative subdivision maps which are valid on the
effective date of this ordinance shall remain valid until their expiration date. These projects
can be built in accord with the development standards in effect at the time of approval,
provided that the use permit or design approval is valid at the time building permits are
issued and that such permit is subject to any time limits imposed pursuant to Title 12, Building
Regulations.
B. No provision of this Title shall require any change in the plans, construction or designated use
of any structure for which a building permit has been issued prior to the effective date of this
Title, or any subsequent amendment of this Title.
C. Any reapplication for an expired permit must meet the standards in effect at the time of
reapplication.
D. Any modification of a Use Permit or Variance, or any major modification of an Environmental
and Design Review Permit or Building Permit issued prior to the date of this Title must conform
to the standards in effect at the time of the revised application.
E. Any minor modification of an Environmental and Design Review Permit or Building Permit
issued prior to the date of this Title may be subject to the standards in effect at the time of the
revised application, as determined by the Planning Director.
F. Any extension of a Use Permit must meet the standards in effect at the time of reapplication.
G. An Environmental and Design Review Permit, or of a Variance which has been approved as
part of an Environmental and Design Review Permit, may be extended under the standards in
effect at the time of approval up to two years after the effective date of the of this Title.
Extensions of such permits after two years of the effective must meet the standards in effect at
the time of reapplication.
H. Projects for which Public Hearings are not complete prior to the effective date of this Title
shall be subject to the use regulations, development standards, and all other requirements of
this Title.
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Chapter 3 Definitions
Sections:
14.03.010 Purpose and Applicability
14.03.020 Rules for Construction of Language
14.03.030 Definitions
14.03.010 Purpose and Applicability
The purpose of this chapter is to promote consistency and precision in the application and
interpretation of zoning regulations. The meaning and construction of words and phrases defined in this
chapter shall apply throughout Title 14, except where the context or use of such words or phrases
clearly indicates a different meaning or construction intended in that particular case.
14.03.020 Rules for Construction of Language
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be
interpreted as follows:
1. "And" indicates that all connected words or provisions shall apply.
2. "Or" indicates that the connected words or provisions may apply singly or in any
combination.
3. "Either ... or" indicates that the connected words or provisions shall apply singly but not in
combination.
C. In case of conflict between the text and any illustration, the text shall control.
D. The word "shall" is mandatory and not discretionary. The words "may" and "should" are
permissive and discretionary.
E. References in the masculine and feminine genders are interchangeable.
F. Unless the context clearly indicates the contrary, words in the present and the future tense are
interchangeable, and words in the singular and plural are interchangeable.
14.03.030 Definitions
Accessory structure: A structure detached from a principal building on the same lot and customarily
incidental and subordinate to the principal building and use. If a structure is connected to the principal
building by a continuous roofline or by a covered (roofed) breezeway no greater than 10 feet in length,
the building shall be considered attached.
Addition: A structure added to the original structure at some time after the completion of the original.
Affordable housing: Residential developments which provide a substantial number of units affordable
to low and moderate income households, as defined in the San Rafael General Plan.
Alteration: Any change or modification in construction.
Animal care facility: A use providing grooming, housing, medical care, or other services to animals,
including veterinary services, animal hospitals, overnight or short-term boarding ancillary to
veterinary care, indoor or outdoor kennels, and similar services.
Atrium: A covered entryway or central courtyard, typically open through two or more floor levels,
which is nonleasable space and which does not include enclosed stairways, elevators, hallways, or
similar area.
Bed and breakfast inn: Establishments offering lodging on a less than weekly basis typically in a
converted single-family dwelling, with incidental eating and drinking service for lodgers only
provided from a single kitchen.
Billiards: See 'Tool hall."
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Boarding house: A structure or portion thereof where rooms and/or meals for three or more non -transient
guests are provided for compensation. Such rooms do not include complete cooking and sanitary
facilities. Includes single -room occupancy development.
Boat docking facility A fixed structure typically made of wood or concrete connected to land which is
used to secure boats and provide dry pedestrian access to land.
Bonus trip allocation: Non -parcel -specific "extra" trips that are reserved for developments providing
significant amounts of affordable housing, needed neighborhood serving commercial or other specified
uses for public benefit.
Brew pub: An establishment where beer, ale or malt liquors are produced and served to customers. May
also include restaurant services.
Buffer Land area used to separate and/or protect one use from another, or to shield or block noise,
lights, or other nuisances.
Building: Any structure used or intended for supporting or sheltering any use or occupancy.
Building stepback: A limitation on the height of structures within the building envelope which is
required to avoid excessive building bulk viewed from downhill lots and front and street side
elevations.
Caretaker's residence: An accessory dwelling unit on the site of a commercial, industrial, public, or
semi-public use, occupied by a guard or caretaker.
Carport A roofed structure providing space for the parking or storage of motor vehicles and enclosed on
not more than three sides.
City: The City of San Rafael.
Club: A non-profit association of persons, whether incorporated or unincorporated, organized to pursue
common goals, interest or activities, but not including a group organized solely or primarily to render a
service customarily carried on as a business.
Cluster A development technique that concentrates buildings in specific areas on the site to allow the
remaining land to be used for recreation, common open space and/or preservation of environmentally
sensitive features.
Cocktail lounge: 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 uses.
Coin-operated amusement device: A machine which, upon the insertion of a coin or similar, operates or
may be operated for use as a game, contest or amusement of any description, or which may be used for
any such game, contest or amusement, and which contains no automatic payoff device for the return of
money, coins, tokens or merchandise.
Contractor's yard: A use providing storage of equipment, materials and vehicles for contractors who are
in trades involving construction activities which include, but are not limited to, plumbing, painting,
electrical, roofing, and carpentry, including incidental services and offices. Contractor's storage yards
may include the maintenance and outdoor storage of large construction equipment such as earthmoving
equipment, cranes, and outdoor storage of building materials.
Creek: An open watercourse connecting to other water bodies as shown on the General Plan Creeks Map.
Also includes unmapped tributaries to the Bay to the point at which they have a defined bed and bank.
Qvt. A portion of land surface or area from which earth has been removed or will be removed by
excavation; the depth below the original ground surface or excavated.
Day care facility: An existing or proposed building, equipment, and any accessory structures, in which
there are programs and personnel licensed by the State for direct child or adult care services including,
but not limited to, shelter, food, education and play opportunities for fewer than 24 hours per day.
There are three basic types or designations of child or adult care facilities:
1) Family day care home, small (a dwelling unit licensed for the care of six or fewer children or
adults)
2) Family day care home, large (a dwelling unit licensed for the care of seven to twelve children
or adults)
3) Day care center (a facility licensed for the care of more than twelve children or adults)
3-2
D ty services center. Program which provide a wide variety of counseling, referrals, and other non-
medical, non-residential services daily to more than 12 persons.
Deck: A platform requiring ground supports which is roofless and not enclosed, and which is commonly
used for recreation purposes.
Development The division of a lot of land into two or more lots; the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation,
landfill, or land disturbance; and, any use or extension of the use of land.
Discount store: A building or group of buildings typically providing regional market base discount sales
of retail items.
Distribution: A use engaged primarily in delivery of manufactured products, supplies, and equipment,
including incidental storage and sales activities.
Downtown Parking Assessment District The Downtown Parking Assessment District encompasses an
area generally between Lincoln and D, and Second and Fifth, as shown on the following map.
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Drainaeewav: (1) An open swale in hillside areas which seasonally collects, concentrates and
transports stormwater to creeks, wetlands or water bodies such as the bay. (2) Man-made open ditches
or channels (typically with low habitat value) which drain developed properties.
Driveway: A private roadway providing vehicular access to dwelling(s), structure(s) or parking
spaces.
Duplex: One structure on a single lot containing two dwelling units, each of which is functionally
separate from the other.
3-3
Dwelling unite One of more rooms designed, occupied or intended for occupancy as separate living
quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the
exclusive use of one or more persons maintaining a household. Cooking facilities are an area of a
dwelling where there is a sink and a significant cooking appliance, including but not limited to a range
oven, microwave oven, or hot plate.
Dwelling unit, second: An additional dwelling unit meeting defined standards constructed as a part of,
or in limited circumstances separate from, an existing single-family dwelling located on the same lot
within a single-family residential district.
Egress: An exit.
Emergency shelter for the homeless, permanent; A permanent residential facility operated by a
provider which provides emergency housing or temporary accommodations year round to homeless
persons and/or families on a non-profit basis and which meets the standards for shelters contained in
this Title. A facility under this section does not include temporary shelter provided by general relief
in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is
provided.
rmergensy shelter for the homeless tempos or rotating: A non-profit temporary or emergency
housing facility for individuals and families authorized to operate up to six consecutive months. A
facility under this definition does not include temporary shelter provided by general relief in the wake
of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.
: See "Live entertainment."
Excavation: Removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances
or organic substances other than vegetation, from water or land on or beneath the surface thereof, or
beneath the land surface, whether exposed or submerged.
Family day care. small: See "Day care facility."
amily day care, large: See "Day care facility."
Fast food restaurant: A facility which specializes in rapidly -prepared foods and beverages, served
with dispensable (such as paper or plastic) plates and utensils for on- or off-site consumption. Table
service is generally limited to delivery of counter ordered meals and busing. Service to persons in
vehicles may be a function of fast food restaurants. Fast food restaurants have high customer volume
and high traffic generation plus one or more of the following elements:
a ) drive-through service;
b) late/early hours of operation (open after 11:00 p.m. or before 6:00 a.m.);
c) potential litter problems;
d) noise (for example, from drive-through intercoms);
e) potential outdoor gathering places.
Fence: An artificially constructed barrier of any material or combination of materials serving to enclose
or screen areas of land.
EW: Earth or any other substance or material, including pilings, placed or deposited by humans.
Floor Area Ratio (FAM: The total building square footage (gross Floor area) divided by the land area,
as further defined in section 14.16.150 (Floor Area Ratios Applicable to Non -Residential
Development).
Food service establishment high volume: Food service establishment over 1,000 square feet in size
which serve more than 200 lunches daily or equivalent volume at other mealtimes.
Fortunetelline: The telling of fortunes, forecasting of future events, or furnishing of any information not
otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power,
faculty or force.
Game arcade: Use with five or more coin-operated amusement devices.
Garage: A building or structure, or part thereof, used or intended to be used for the parking and storage
of vehicles. Includes public and commercial parking facilities. See also "Carport".
Gasoline station: A facility which dispenses automotive fuel to the general public.
Grade: The point of elevation as determined by the methods prescribed in the latest edition of the
Uniform Building Code adopted by the city.
3-4
Grading: Any cutting or excavation, filling or combination thereof
gross building square Footage hillside areas: 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 usable
space as determined by the Uniform Building Code; garages and carport areas 6 feet 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 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 underfloor spaces that are not capable of being
finished into usable space.
Handicapped: A person with a physical or mental impairment which substantially limits one or more
of such persons major life activities, a record of having such an impairment, or being regarded as having
such an impairment, but such term does not include current, illegal use of or addiction to a controlled
substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Amendments Act of 1988.")
Height: Height of a building is the vertical height as determined by the methods in the latest edition
of the Uniform Building Code adopted by the City. An exception to this standard is made on
residential projects located on slopes over 25 percent. On these projects, the height of all structures,
fences and walls shall be measured vertically from the existing grade to the uppermost point of the roof
edge, wall parapet, mansard or other feature perpendicular to that grade.
High top of creek bank: The side of a creek, the top of which shall be the topographic line roughly
parallel to the creek centerline, where the side slopes intersect the plane of the ground traversed by
the creek. Where the banks do not distinguishably end, the surrounding country being an extension of
the banks, the top of such banks shall be determined by the Planning Director.
Home occupation: An accessory use of a dwelling unit, conducted entirely within the dwelling unit,
carried on by one or more persons, all of whom reside within the dwelling unit, as further defined in
section 14.16.220 (Home Occupations).
Hospital: A facility providing medical, psychiatric, or surgical services for sick or injured persons
primarily on an in-patient basis, including facilities for out-patient and emergency treatment,
diagnostic services, training, research, administration, and services to patients, employees or visitors.
Hatel: Any building or portion thereof containing multiple guest rooms designed for compensation,
primarily for the accommodation of transient travelers, with eating, drinking, banquet, and
recreational facilities related to the hotel use, but not including those facilities defined as residential
care facilities.
Improvemtnt: The construction, alteration, and repair of all buildings, structures, and facilities
permanently affixed to real property and appurtenances thereto.
Ingress: Access or entry.
: Small, free-standing accessory structure used for retail or service uses
Landscaolag: An area devoted to or developed and maintained with native or exotic plantings
including lawn, ground cover, gardens, trees, shrubs, or other plant materials; as well as entry areas,
courtyards and similar with decorative outdoor landscape elements such as pools, fountains, sculpture,
seating and paved or decorated surfaces (excluding driveways, parking, loading, storage areas and
sidewalks outside of the entry, courtyard or large planted areas).
Level of service (LOS): A standard qualitative circulation measure describing traffic operating
conditions in terms of speed and travel time, freedom to maneuver, traffic interruptions, comfort and
convenience, and safety. Six levels of service are defined, from LOS A representing the best operating
conditions and LOS F the worst.
Linear street frnntagg: A length measured at the front lot line of the block, from one street corner to the
next and excluding public sidewalks.
Live entertainment Includes the following activities where they occur as part of a commercial use
three or more times during a calendar year:
a) bands, dance bands, or disc jockeys.
3-5
b) performances (comedy, music, theatrical, dance) by one or more persons, regardless of whether
performers are compensated.
A single performer, such as a singer or pianist providing background music (without billing or
advertisement) at a restaurant or bar is exempt from this definition.
Uve/work quarters: An area comprised of one or more rooms that accommodates joint work activity and
residential occupancy and which includes residential occupancy and work activity and which includes
(1) working space reserved for and regularly used by one or more of the persons residing therein, and (2)
cooking, sleeping and sanitary facilities. All living space shall be contiguous with and made an
integral part of the working space with direct access between living and working areas.
Loadine svaW. An off-street space or berth used for the loading or unloading of commercial vehicles.
Lodges: See "Clubs."
Lpt: A specific area of land, the boundaries of which have been established according to the legal
requirements in effect at the time the lot was created or which has been issued a Certificate of
Compliance.
Lot. corner. A lot bounded on two or adjacent sides by street lines, providing that the angle of
intersection does not exceed 135 degrees.
Lot. reverse corner: A corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining
lot.
Lot coverage: That portion of the lot covered by buildings, including stairways; covered walkways;
covered patios; covered parking structures; recreational and storage structures; and excluding ground
level landscaped areas, walkways, uncovered patios, uncovered recreational areas, and uncovered
parking and driveway areas.
Lot depth: The horizontal distance from the midpoint of the front lot line to the midpoint of the rear
lot line, or to the most distant point on any other lot line where there is no rear lot line.
Lot width: Lot area divided by lot depth.
Low income: See "Affordable housing".
Lot. reverse corner: A corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining
lot.
Lounge. cocktail: See "Cocktail lounge".
Manufactured home: A single-family detached structure that is manufactured under the authority of 42
U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and
shall include structures known as manufactured homes or mobile homes.
Mafia: A facility for storing, servicing, fueling, berthing, and securing and launching of private
pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for
the boat owners, crews and guests.
Medical office: See "Office, medical".
Mixed-use developm nt The development of a lot or building with two or more different land uses such
as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment
uses in a single building or physically integrated group of structures.
Mobilehome- A structure, transportable in one or more sections, with or without a permanent
foundation, designed to be used as a dwelling unit and connected to the required utilities. A mobilehome
does not include a recreational vehicle, motor coach, trailer coach, or travel trailer.
Mobilehome lot A plot of land for placement of a single mobilehome within a mobilehome park; a
mobilehome pad.
Mpbilehome vark: A residential facility with two or more mobilehome lots available for rent, lease,
or purchase, and providing services and facilities for the residents.
Motel: See "Hotel"
Natural state: All portions of lots that remain undeveloped and undisturbed. Grading, excavating,
filling and/or the construction roadways, driveways, parking area and structures are prohibited.
Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting
3-6
and landscaping which enhances the natural environment are permitted when approved through an
Environmental and Design Review Permit.
Needed neighborhood -s ry n : For the purposes of bonus trip allocations, needed neighborhood
serving uses consist of those needed service uses identified in a neighborhood plan, the General Plan or
as determined by resolution of the Planning Commission and/or City Council.
Nonconforming structure: A structure or building the size, dimensions or location of which was lawful
prior to the adoption of this Title, or any subsequent revision or amendment, but which fails by reason of
such adoption, revision or amendment to conform to the present requirements of the zoning district.
Nonconforming use: A use or activity which was lawful prior to the adoption of this Title, or any
subsequent revision or amendment of this Zoning Ordinance, but which fails by reason of such adoption,
revision or amendment to conform to the present requirements of the zoning district.
Office. general: A use providing administrative, professional or business services.
Office. medical: A use providing consultation, diagnosis, therapeutic, preventative, or corrective
treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of
medical and healing arts for humans licensed for such practice by the State of California.
On-site: Located on the lot that is the subject of an application for development.
Open space: Any lot or area of land or water essentially unimproved and set aside, dedicated,
designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and
occupants of land adjoining or neighboring such open space.
Open water. Submerged lands lying below 45 NGVD (mean sea level datum) and/or as shown on the
San Rafael Zoning Map.
Outdoor storage: The keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles
in the same place for more than 24 hours.
Overhang: The part of a roof or wall which extends beyond the facade of a lower wall.
Parcel: See "Lot".
Parking access; The area of a parking lot that allows motor vehicles ingress and egress from the street.
Parking area Any public or private land area designed and used for parking motor vehicles including,
but not limited to, parking lots and garages.
Parking facilibu. See "Parking area".
Parking to An off-street, ground level area, usually surfaced and improved, for the temporary storage
of motor vehicles.
Parking space: A space for the parking of a motor vehicle within a public or private parking area.
Pedestrian -oriented design: Design qualities and elements that contribute to an active, inviting street
level environment making the area a safe and attractive place for pedestrians.
Performance standards: A set of criteria or limits relating to nuisance elements which a particular use
or process may not exceed.
Personal service: Provision of recurrently needed service of a personal nature. This classification
includes but is not limited to barber and beauty shops, nail/manicure shops, dry cleaners, tailors, and
shoe repair shops.
P.M. peak hour trio: The number of vehicular traffic movements entering and exiting a site during the
highest volume consecutive 60 minutes in the P.M. peak period from 4:00 P.M. to 6:00 P.M. on the local
street system.
Pool hall: Any use with two or more billiard tables.
Private yard are4: Usable outdoor area adjoining an unit and intended for the private enjoyment of the
occupants of the unit. Private yard area shall be defined such that its boundaries are evident. Private
yard area may include balconies, decks, patios or porches.
Project: See "Development".
eIWl
Public access: Permanent pedestrian, bicycle and/or vehicular access in or adjacent to natural amenities
for study or enjoyment.
Public imorovemcW: Any improvement, facility or service together with its associated public site or
right-of-way necessary to provide transportation, drainage, public or private utilities, energy or
similar essential services.
Recreation facility: Recreational facilities may include, but are not limited to, community centers,
swimming or wading pools, spas, court facilities (such as tennis, basketball, or volleyball), picnic or
barbecue areas, and enclosed tot lot facilities with play equipment.
Religious institution: A use located in a permanent building and providing regular or organized
religious worship and religious education incidental thereto, but excluding a private educational
facility. A property tax exemption obtained pursuant to the Constitution of the State of California and
of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that
such use is a religious institution as defined herein. Includes a seminary, retreat, monastery, conference
center of similar use for the conduct of religious activities, including accessory housing incidental
thereto, but excluding a private educational facility.
Hese r h and development facility A use engaged in study, testing, design, analysis, and experimental
development of products, processes, or services, including incidental manufacturing of products or
provision of service to others.
Residential care facility. large: A dwelling unit licensed by the State to serve seven (7) or more clients
which provides 24-hour non-medical care of persons in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of the individual.
Residential care facility. small: A dwelling unit licensed by the State to serve six (6) or fewer clients
which provides 24-hour non-medical care of persons in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the protection of the individual.
Retaining wall: A structure constructed to hold back or support an earthen bank.
Reverse comer lot See "Lot, reverse comer".
Ri lin : A line following the long axis of a ridge, comprised of the points of highest ground elevation
at a location identified on the "Ridgeline Map".
Riparian: Natural vegetation which is located adjacent to a watercourse or drainageway.
Rooming house: See "Boarding house".
chool. parochial or private: Any building or group of buildings the use of which meets state
requirements of primary, secondary, or higher education and which does not secure the major part of its
funding from any governmental agency.
School vocational or business trade: A use providing education or training in business, commerce,
language, or other similar activity or occupational pursuit, and not otherwise defined as a home
occupation, college or university, or public or private educational facility.
Seasonal outdoor eating area: Any outdoor eating area used in conjunction with a food service
establishment which is operated only during the months of March through November. Seasonal
outdoor eating areas shall have only temporary, movable perimeter barriers, fixtures and sunshades.
Senior houging,: Residential development designed for households occupied by senior citizens. Any age
restrictions must be consistent with federal and state requirements. Such development may include
central recreation areas and accessory medical facilities.
Shopping center. A group of commercial establishments, planned, developed, owned or managed as a
unit, with off-street parking provided on the site.
Wit: A lot or lots used as a unit for the development of a project which may consist of one or more
buildings.
Small lot: A legally subdivided lot in a given zone which is smaller in width and/or area than
minimum requirements now required in the given zone.
5_oecialty retail: Stores which sell non -convenience goods needed on an infrequent basis. Specialty
retail may have a more limited focus in specific zoning districts, consistent with the purposes of each
district.
3-8
Specialty retail. bulk: The sale of large, major purchase, non -convenience items. Examples of specialty
retail involving bulk retail goods include, but are not limited to, the following: appliance stores; motor
vehicle sales, new or used; furniture stores; spa/hot tub sales.
Specialty retail. cnnsistent with industrial uses: The retail sales of items which are related,
supportive or complimentary to industrial uses. Examples include, but are not limited to, sales of the
following: auto parts and supplies; building materials and supplies; motor vehicles, new or used.
Specialty retail, consistent with office uses The retail sales of items which are related, supportive or
complimentary to office uses. Examples include, but are not limited to, sales of the following:
computers; office furniture (sales or rentals); office supply and business machine shops.
Specialty retail. region -serving: Those retail uses which have a regional, rather than local or
neighborhood market base. These types of uses are generally high tax revenue generators and more
than 50,000 square feet in size. Examples include but are not limited to, the following: discount stores,
large scale; furniture stores; home improvement stores; motor vehicle sales, new.
Structure: Anything constructed or erected that requires a location on the ground, including a building or
a swimming pool, but not including a fence or a wall used as a fence if the height does not exceed 6 feet,
retaining walls under three feet, and parking lots and access drives or walks.
Structure. accessoly See "Accessory structure".
Taxi station: Taxi headquarters with administrative and/or dispatch offices and taxi cab parking and
storage.
Transportation System Management (TSM): The use of incentives and/or disincentives by local
employers to assist in reducing the number of single passenger auto commute trips and peak -hour trips by
increasing the use of carpools, vanpools, public transit, bicycles, walking and through the use of flex-
time.
Trio allocation: A proportion of area P.M. peak hour trips assigned to individual lots based on typical
peak -hour trip generation in order to maintain or achieve level of service standards, both short term
and long term
Unused trips: P.M. peak hour trips allocated to a parcel in the General Plan Appendix remaining after
a development is approved, constructed and determined by the City Council to fully develop the site.
Usable outdoor area: Area open to the sky with a slope less than ten percent. The usable outdoor area
shall be a well-defined coherent space that is an integral component of the project design. Usable
outdoor area includes private yard areas and common areas suitable for passive and active recreation
use. Such areas may be located on the ground, roof, balcony, patio or terrace; and excludes minor
decorative landscaping, driveway areas, parking facilities, and utility or service area. Common usable
outdoor area shall have a minimum dimension of twelve feet.
USABLE
OUTDOOR
AREA IS : +•
COMPRI5ED OF: E i:i:i i i:I:i; +:•+'
•iE:i:i;i:i:i:iif
(1) COMMON USABLE OPEN AREA ,3?`.`.`,' � i?(ii'`•
(2) PRIVATE YARD AREA
1w: or
Vehicle. recreational: A vehicle towed or self-propelled on its own chassis or attached to the chassis
of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The
term recreational vehicle shall include, but shall not be limited to travel trailers, pick-up campers,
camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers.
Warehousing: The commercial or industrial use of a building or buildings primarily for the storage of
goods or materials.
3-9
Water -oriented: Uses which are either water frontage dependent, or which attract people to the
waterfront.
Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions (same as U.S. Army Corps of
Engineers). (See section 14.13.050(A), Determination of wetland boundaries).
Wetland creation: A human activity bringing a wetland into existence at a site in which it did not
formerly exist.
Wetland restoration: A human activity that returns a former wetland from an altered condition, in
which all or virtually all wetland functions and values have been lost, to a condition with full wetland
functions and values. Restoration does not mean enhancement of wetlands which, though degraded,
nonetheless provide significant biological wetland functions or values.
Wholesale: A use engaged primarily in the selling of any type of goods for purpose of resale, including
related storage and distribution.
Wildlife: Animals, including fish and fowl, and/or plants existing in their natural habitat.
Wrecking yard, motor vehicle: Any use of premises for the conduct of a business whereon two or more
vehicles not in operating condition are standing and/or on which used motor vehicles, or parts thereof,
are dismantled and/or stored.
Yacht club: A private social club which may include a club house, private berthing for club members,
tie-up visitor docking, on-site parking for automobiles and boat trailers; and which may include dry
storage for members' boats. The berthing or storage of boats for commercial purposes, party boats, and
rental boats are specifically excluded.
Yard. front Open area extending along the full width of a lot between side lot lines and from the front
lot line to a line at a distance equal to the depth of the required yard, within which no structure shall
be located except as provided 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, and is usually the side where the main
building entrance is located and in the general direction in which the main building faces.
Yard. rear: Open area extending across the full width of the lot between side lot lines and from the rear
lot line to a line at a distance equal to the depth of the required yard, within which no structure shall
be located except as provided in this Title.
Yazd. side: Open area extending from the front yard to the rear yard between the side lot line and a
line at a distance equal to the depth of the required yard, within which no structure shall be located
except as provided in this Title.
3-10
Chapter 4 Residential Districts (R, DR, MR, I -IR)
Sections:
14.04.010 Specific Purposes
14.04.020 Land Use Regulations (R, DR, MR, HR, PD)
14.04.030 Property Development Standards (R)
14.04.040 Property Development Standards (DR, MR, HR)
14.04.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the residential
zoning districts include the following:
A. To provide a wide variety of housing opportunities in terms of housing types, and
neighborhoods with varying densities, lot sizes, and development standards.
B. To protect and enhance existing residential neighborhoods through retention of existing land
development patterns and retention of their varied design character.
C. To promote new residential development compatible with environmental site constraints
and nearby neighborhood development.
D. To provide opportunities for churches, day care facilities, residential care facilities and
other uses which are considered to be compatible and desirable land uses within residential
neighborhoods.
E. To provide outdoor recreational amenities for residents.
F. To ensure the provision of public services and facilities needed to accommodate planned
residential densities.
G. To promote sensitive hillside residential design.
The additional purposes of each residential zoning district follow.
H. Sinele-familv Residential Districts (115. R7.5. R10. R20. Rla_ R2a)
The single-family residential districts provide opportunities for low density, detached single-
family residential development. Development densities are based on existing development
patterns in the area and environmental site constraints. In hillside areas, development shall
conform to the hillside development standards and review procedures established in Chapter 12
(Hillside Development Overlay District).
Single-family residential districts include hillside resource residential land use categories with
minimum densities of two (2) or more acres for minimum lot sizes; hillside residential and
residential estate categories with densities from 20,000 square foot to 2 -acre lot minimums; and
low density residential land use categories with densities ranging from 5,000 square foot to
20,000 square foot lot minimums.
I. Duolex Residential District (DR)
The duplex residential district provides opportunities for single-family and duplex residential
development. As a transitional area between single-family and multifamily districts, an intent
of the district is to maintain the design character of single-family districts.
The duplex residential district is included in the medium density residential land use category
with a density of 2,500 square feet per dwelling unit
J. Multifamilv Residential Districts: Medium Densitv (MR2. MR2.5. MR3. MR51
The medium density residential districts provide opportunities for a mixture of residential
types, including detached single-family residences, duplexes, and multifamily dwellings at
medium densities. Desired styles of development within this district include garden apartments
and condominiums.
Medium density multifamily residential districts are included in the medium density
residential land use category with densities ranging from 2,000 square feet to 3,000 square feet
per dwelling unit.
4-1
K. Multifamilv Residential Districts: Hieh Densitv (HR1. HR1.5. HR1.8Z
The high density residential districts provide opportunities for high density multifamily
residential development.
High density multifamily residential districts are included in the high density residential
land use category with densities ranging from 1,000 square feet to 1,800 square feet per dwelling
unit.
L. Planned Develooment District (PD)
Planned Development Districts on large residential lots promote clustering of residences to avoid
sensitive portions of the site. Densities are consistent with the General Plan and typically are
low. See Chapter 7 (Planned Development District) for additional information.
4-2
14.04.020 Land Use Regulations (R, DR, MR, HR, PD)
R Permitted by right; C Conditional Use Permit; A. Administrative Use Permit; Blank Not allowed.
Type of Land Use R DR MR HR PD Additional Use Regulations
Residential Uses
Single-family residential
P
P
P
P
C
Duplex residential
P
P
P
C
Multifamily residential
P
P
C
Animal keeping
C
C
C
C
C
See standards - Chapter 17
Boarding or rooming house
C
C
C
Conversion of senior housing to
C
C
C
C
C
non -senior housing
Conversion or demolition of
C
C
C
C
C
Condo Conversions: See Sudivision Ord.
residential use and/or structure
See regulations - Chapter 16
Emergency shelters for the homeless
Permanent
C
See standards - Chapter 17
Temporary or rotating
C
C
C
C
C
See standards - Chapter 17
Home occupations
P
P
P
P
P
See regulations - Chapter 16
Mobilehome parks
C
C
See standards - Chapter 17
Residential care facilities for
the handicapped
Small (0-6 residents)
P
P
P
P
C
Large (7 or more residents)
P
P
P
P
C
Residential care facilities, other
Small (0-6 residents)
P
P
P
P
C
Large (7 or more residents)
C
C
Second dwelling units
C
C
See standards - Chapter 17
Visitor Accommodations
Bed and breakfast inns
C
C
C
Hotels or motels
C
C
Day Car
Day care facility, child or adult
Family day care home
Small (0-6 children or adults)
P
P
P
P
P
Large (7-12 children)
A
A
A
A
A
See standards - Chapter 17
Large (7-12 adults)
C
C
C
C
C
Day care center (13 or more
C'
C
C
C
C•
• Prohibited in R2a, Rla and PD districts,
children or adults)
and R20 Hillside Residential lots.
Public and Ouasi-Public Use
Clubs and lodges, including
C
C
youth groups
Open space
P
P
P
P
P
Public parks, playgrounds and
P
P
P
P
P
recreation facilities
Religious institutions
C•
C
C
C
C
' Prohibited in R2a, Rla and PD districts,
and R20 Hillside Residential lots
Schools
Public
P•
P
P
P
C
• Prohibited in R2a, Ria and PD districts,
and R20 Hillside Residential lots
Parochial, private
C•
C
C
C
C
' Prohibited in R2a, Rla and PD districts,
and R20 Hillside Residential lots
Use of closed school sites
C"
C
C
C
C
May include: child care programs,
educational, recreational, cultural and
religious classes, programs, and activities,
administrative offices incidental to
educational service uses; churches;
4-3
14.04.020 Land Use Regulations (R, DR, MR, HR, PD)
P. Permitted by right; c Conditional Use Permlh A: Administrative Use Permit; Blank Not allowed.
Type of Land Use
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
Transoortation Facilities
Parking lot, public or private
Accessory Structures and Uses
Accessory structures and uses
customarily incidental to a permitted
use and contained on the same site.
R DR MR HR PD Additional Use Regulations
C
C C
C C C
C C
P P P P
4-4
counseling groups and those private
business uses which would be permitted as
home occupations.
• Prohibited in 112a, Rla and PD districts,
and R20 Hillside Residential lots.
See regulations - Chapter 18
P See regulations - Chapter 16
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Chapter 5 Commercial and Office Districts (GC, NC, O, DCC, C/O, R/O, FBWC)
Sections:
14.05.010 Specific Purposes
14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, R/O, FBWC)
14.05.030 Property Development Standards (GC, NC, O, DCC, C/O, R/O, FBWC)
14.05.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the commercial
and office districts include the following:
A. To promote specialized commercial environments which provide appropriately located areas
for retail, service and office development and provide the City with a wide range of
neighborhood, local and regional serving uses.
B. To promote appropriately located businesses which provide local employment opportunities
and/or generate tax revenue for the City.
C. To promote commercial and office projects at appropriate building intensities and trip
generation characteristics which will maintain acceptable traffic operating standards.
D. To promote high quality design in new or remodelled commercial and office development
consistent with design guidelines.
E. To promote and encourage commercial and office sites and designs which are accessible by a
variety of transportation means.
F. To promote San Rafael's downtown area as a viable commercial and financial center, and as a
center with a mixture of social, cultural, civic and urban residential uses.
G. To retain and enhance the Northgate Shopping Center and surrounding retail area as a regional
shopping center.
The additional purposes of each commercial district follow.
H. General Commercial District (G0
The General Commercial District promotes a full range of retail and service uses in major
shopping centers and certain areas of the City which have freeway or major street access and
visibility. Offices are a conditional secondary use, for example, on portions of sites with poor
retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout
the district in response to specialized conditions recognized in the General Plan.
1. Neiehborhood Commercial District (NC)
The Neighborhood Commercial District provides convenient shopping areas within residential
neighborhoods for retail items and personal services which may be needed on a frequent basis
for vicinity residents. Examples of convenience goods or services include supermarkets,
pharmacies, dry cleaners and personal service establishments. Within this district, a limited
amount of office and residential use may be allowed, typically in mixed-use developments.
Office uses shall provide a service convenience to local residents. Neighborhood commercial
areas are intended to reduce trips to more distant major commercial areas.
Neighborhood commercial retail uses are limited in order to ensure compatibility with
residential neighborhoods and to concentrate region -serving goods and services in locations
outside of neighborhoods and in proximity with one another.
Neighborhood commercial development is intended to be compatible with the surrounding
residential neighborhood in terms of building height (typically one to two stories), setbacks,
and landscaping.
J. Office District (0)
The Office District provides opportunities for the siting of a variety of administrative,
professional, medical and general business offices. This district also provides limited
convenience retail and service uses to support office uses and serve local employees. The Office
District is intended to provide an attractive, landscaped environment with outdoor amenities
such as courtyards, plazas, benches, seating areas, and pedestrian/bicycle paths. FAR, trip
5-1
allocation and design criteria vary throughout the district in response to localized conditions
recognized in the General Plan.
K. Downtown Core Commercial District IDCQ
The Downtown Core Commercial District is intended to promote a vibrant downtown center
with regional appeal, offering a mix of uses including small specialty shops, department stores,
region -serving stores, personal services, offices, housing and mixed-use development. The
Downtown Core Commercial District is intended to be the retail focal point of the Downtown
area. Within this district, major department stores, which serve as retail anchors and generate
significant tax revenue, shall be encouraged and protected.
Within the Downtown Core Commercial District, particularly on street corners, street -level
retail uses are preferred over other types of uses in order to promote a continuity of shop fronts
and display windows conducive to pedestrian shopping. Restaurants should be dispersed in
order to minimize interruptions in the continuity of street -level shop fronts. Prime street corner
retail locations shall be reserved for retail uses. Offices, banks, and housing, while important,
are secondary uses within the Downtown Core Commercial District.
In order to promote robust retail activity, higher development intensities are allowed in the
Downtown Core Commercial District, consistent with FAR standards established in the
General Plan. Building design is intended to reflect the historic character of the city, and to
present cohesive or coordinated design patterns consistent with design policies and criteria
established for the area. Pedestrian -oriented streetscapes shall be promoted by maintaining
human scale in building design, and maintaining a continuity of retail stores and display
windows.
Evening activity shall be promoted in the Downtown Core Commercial District by maintaining
a mixture of uses including businesses and restaurants with evening hours of operation,
residential units, and cultural activities in appropriate locations such as the Rafael Theatre.
L. Commercial /Office District (C/O)
The Commercial/Office District promotes retail, office, mixed retail/office/residential uses,
and cultural facilities which support Downtown's role as an activity center. The
Commercial /Office District is different from the Downtown Core Commercial District in that
it provides greater opportunity for office and financial uses in first -Floor locations. Except for
first -floor street frontages, residential units are promoted to increase Downtown's diversity,
provide evening and weekend activity, increase the City's supply of housing units and support
Downtown activities and uses.
Fourth Street between D and H Streets and the Miracle Mile (Fourth Street west of "H" Street)
places greater emphasis on first -floor street frontage retail uses, (with second floor or rear
ground floor residential or office) because of its historic retail character.
M. Residential/Office District (R/O)
The Residential/Office District is a transitional area between the Downtown retail districts
(the Downtown Core Commercial District and the Retail/Office District) and nearby
residential areas. This district promotes residential, office, and mixed-use residential /office
projects. This district also provides limited retail and personal service uses which support
residential and office uses, and which are compatible with such uses. Gasoline service stations
are allowed along major arterials such as Second and Third Street.
This district is characterized by lower development intensity than the Downtown Core
Commercial District. The Residential/Office District is also intended to be less intense in
terms of evening and weekend activity than the Downtown Core Commercial or Retail/Office
districts.
N. Francisco Boulevard West Commercial District (FBWC)
The Francisco Boulevard West Commercial District provides a wide range of specialty retail
uses with regional appeal, including sales of automobiles, bulk retail items, building materials
and other region -serving goods. The Francisco Boulevard West District is intended to
accommodate large scale developments and shopping centers with specialty retail tenants.
Assemblage of parcels shall be encouraged in this district in order to promote larger scale
development projects.
This area is expected to be the focus of major redevelopment in the future. Until redevelopment
occurs, it is recognized that there will be many non -conforming uses within the Francisco
Boulevard West Commercial District, and it is intended that existing legal non -conforming uses
5-2
Y
may remain as viable interim uses. Section 14.16.270 (Nonconforming Structures and Uses)
contains general provisions on non -conforming uses which apply in these instances. However,
these types of interim uses are not permitted on any additional sites within the Francisco
Boulevard West District.
5-3
14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Additional
Type of Land Use GC NC O DCC GO RIO FBWC* Use Regulations
*See 14.05.020(A)
Spmmercial UM
Animal sales and service, excluding
exterior kennels, pens or runs
Animal care facilities
C
C
C
C
Animal retail sales
P
P
P
P
Boat sales
C
Building materials and supplies
Brick, gravel, rock, concrete, lumber
P*
P*
and tile sales
Electrical supply stores
P*
P*
Equipment rental businesses
P*
P*
Class and window stores
P*
P*
Hardware stores
P*
P*
P*
P*
P*
Paint stores
P*
P*
P*
Plumbing supply stores (and ancilliary
P*
P*
service)
Business sales and service
Blueprint and photocopy shops
P
P
P
P
P
Computer services
P
P
P
P
P
Locksmith shop
P
P
P
P
P
Office furniture sales and rentals
P
P
P
P
P
Office supply and business machine
P
P
P
P
P
shops
Printing shops
P
P
P
P
C
Card Rooms
C
Food and beverage service
establishments
Brew pubs
C
C
C
Catering establishments
P
P
P
Cocktail lounges
C
C
C
Fast food restaurants
C
C
C
C
Food service establishment, high
C
C
C
volume
Food service establishment (with or
without incidental serving of beer or
wine), without a cocktail lounge, live
entertainment, and/or dancing.
(1)1,000 sq. ft. or less in size
P
P P
A*
P
P
(2) More than 1,000 sq. ft. in size
P
C C
A*
P
C
Food service establishment with a
C
C
C
C
cocktail lounge, live entertainment,
and/or dancing.
Seasonal outdoor eating areas
A*
A* A*
A*
A*
A*
Food and beverage stores
Bakeries, retail (and ancillary food
P
P P
P
P
P
service)
Candy stores and confectioneries
P
P
P
P
Convenience markets
C
C
C
C
C
5-4
C
C * See "Outdoor storage"
C
C
C
C
C
C
C
C
See Chapter 10.36
C
C * See Chapt. 17 standards
C * See Chapt.17 standards
C
A* * See Chapt.17 standards
14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed
Additional
Type of Land Use
GC
NC
O
DCC
C/O
R/O
FBWC•
Use Regulations
'See 14.05.020(A)
Grocery stores and supermarkets
P•
P•
C
P•
C
C
• Operating after 11 P.M.
Liquor stores
requires a Use Permit
(1) Less than 200 ft from Res. District
C
C
C
C
C
C
(2) More than 200 ft from Res District
P
P
P
P
C
C
Fortunetelling
A
A•
A
See Chapt. 17 standards
• Rear ground level
or 2nd floor or above.
Funeral and internment services
C
C
C
(including crematories, mortuaries)
Kiosks
C
C
C
C
C
C
Motor vehicle sales and service
(including automobiles, motorcycles
trailers, trucks and recrecreational
vehicles)
Auto detailing
C
Coin -op washing
C
C
C
C
Gasoline stations (including minor
C
C
C
C
C
C
See Chapt. 16 regs. For
repair, such as tune-ups, brakes,
repair, see Chapt 17
batteries, tires, and mufflers)
standards.
Rentals
C
P
C
C
Repairs, major (engine work, painting,
C
See Chapt. 17 standards
and body work)
Repairs, minor (tune-ups, brakes,
C
C
C
C
C
See Chapt. 17 standards
batteries, tires, mufflers and
upholstery)
Sales, new or used vehicles
C
C
C
Sales, parts and supplies
P
P
P
C
Sales, tires and ancillary service
C
C
C
Music rehearsal/recording studios
C
Outdoor storage
C
C
C
C
C
Personal service establishments
Artistic and photographic studios,
P
P
P
P
without sale of equipment or supplies.
Barber shops/beauty salons
P
P
P'
P
P
P
`If locating within a
Dry cleaning establishments, with no
P
P
P'
P
P
P
space with prior office
on-site processing
use, a use permit is
Dry cleaning establishments, with
C
C
C
C
C
C
required to review
on-site processing
traffic intensification.
Laundromats (self-service)
P
P
C
P
P
Nail salons
P
P
P•
P
P
P
Seamstress/tailor
P
P
P.
P
P
P
Shoe repair
P
P
P•
P
P
P
Travel agencies
P
P
P•
P
P
P
Recreation facilities (indoors)
Bowling alleys
C
C
C
Game arcades
C
C
C
See Chapt. 17 standards
Health clubs/gyms
C
C
C
C
C
C
Pool halls/billiards
C
C
C
C
5-5
14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed
5-6
Additional
Type of Land Use
GC
NC
O
DCC
C/O
R/O
FBWC•
Use Regulations
*See 14.05.020(A)
Theatres
C
C
C
C
C
Retail
Antique stores
P
P
P
C
Apparel stores
P
P
P
C
Appliance stores (and ancillary repair)
P
P
P
C
Art, craft, music and photographic
P
P
P
P
C
supply stores
Bicycle shops
P
P
P
P
C
Book, gift, stationery stores
P
P
P
P
C
Department stores
P
P
P
C
Discount stores
P
P
P
C
Drug stores and pharmacies
P
P
P
P
C
C
Electronics sales (televisions, radios,
P
P
P
C
computers, etc.)
*If locating within a
Florist shops
P
P
P•
P
P
P
space with prior office
Furniture stores and upholstery shops
P
P
P
C
use, a Use Permit is
(and ancillary repair)
required to review
Jewelry stores
P
P
P
traffic intensification.
Plant nurseries & garden supply
P•
P•
P•
C
• See "Outdoor storage"
Second hand stores and pawn shops
C
C
C
See Chapter 10.20
Shoe stores
P
P
P
C
Shopping centers
C
C
C
C
C
Sporting goods stores
P
P
P
C
Stamp and coin shops
P
P
P
Swimming pool supplies
P
P
Toy stores
P
P
P
P
C
Variety stores
P
P
P
C
Video sales and rentals
P
P
P
P
Offices and Related UM
Financial services and institutions
Banks
P
P
P
A'
P
P
*See Chapt.17 standards
Check -cashing offices
P
P
A•
P
P
Foreign currency exchange and/or
P
P
A•
P
P
delivery services
Savings and loan institutions
P
P
P
A•
P
P
Medical services (medical, dental and
health-related services, with sale of
articles clearly incidental to the
services provided)
Clinics
C
C
C
C'
C••
C
• Rear ground level
Hospitals
C
or 2nd floor or above
Major medical facilities, including
C
C
**4th Street west of
extended care facilities (treatment
D Street Rear ground
and convalescent) and children's
level or 2nd floor or above
treatment facilities
Laboratories
C
C
C
C'
C••
C
5-6
14.05.020 Land Use Regulations (CC, NC, O, DCC, C/O, FBWC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Residential and
Visitor Accomodation Uses
Single-family residential
Duplex residential
Multifamily residential
Animal keeping
Caretaker's residence
Conversion or demolition of
residential units
Emergency shelters for the homeless
Permanent
Temporary or rotating
C
Additional
Type of Land Use
CC
NC
O
DCC
C/O
R/O
FBWC• Use Regulations
C
A•
A• P
C
'See 14.05.020(A)
Medical offices
C
C
P
A•••/
P••
P
• Rear ground level
C
C
C
C C
P•
or 2nd floor or above
Offices, General
'*4th Street west of
Administrative offices
C
r
P
A•••/
P••
P
D Street Rear ground
P•
level or 2nd floor or above
Business offices
C
P•
P
A•••/
P••
P
•••1st Floor: See
P'
Chapt. 17 standards
Professional offices
C
P•
P
A•••/
P••
P
P•
Public and Quasi -Public Uses
Clubs and lodges, including
youth groups
C
C
C
C
Public facilities
Administrative offices
C
P
P•
P
P
• Rear ground level
Day services center
C
C
C
C
C
C
or 2nd floor or above
Libraries, museums, and other cultural
C
C
C
C
C
C
facilities
Public and utility facilities (corpora-
C
tion, maintenance or storage yards,
utility distribution facilities, etc.)
Public facilities, other (police, fire,
C
C
C
C
C
C
C
paramedic, post office, etc.)
Public parks, playgrounds, and
P
P
P
P
P
P
recreation facilities
Religious institutions
C
C
C
C
C
C
Schools
Parochial, private
C
C
C•
C
aRear ground level
Ii :)r 2nd floor or above
Public
P
P
P
P
P
P
Business trade, performing arts,
C
C
C•
C
C
"Rear ground level
vocational
or 2nd floor or abo, v
Residential and
Visitor Accomodation Uses
Single-family residential
Duplex residential
Multifamily residential
Animal keeping
Caretaker's residence
Conversion or demolition of
residential units
Emergency shelters for the homeless
Permanent
Temporary or rotating
C C C
C C C C C C
5-7
"See Chapt.17 standards
**Rear ground level
or 2nd floor or above
See Chapt. 17 standards
C
C See Chapt. 16 regulations.
Condo conversions - see
Subdivision Ordinance
See Chapt. 17 standards
C See Chapt. 17 standards
C
P
C
P
C
A•
A• P
C
C
C C
C
C
C
C
C C
C
C
C
C
C C
C C C
C C C C C C
5-7
"See Chapt.17 standards
**Rear ground level
or 2nd floor or above
See Chapt. 17 standards
C
C See Chapt. 16 regulations.
Condo conversions - see
Subdivision Ordinance
See Chapt. 17 standards
C See Chapt. 17 standards
14.05.020 Land Use Regulations (GC, NC, O, DCC, C/O, FBWC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
5-8
Additional
Type of Land Use
GC
NC
O
DCC
CIO
R/O
FBWC•
Use Regulations
'See 14.05.020(A)
Home occupations
P
P
P
P
P
P
See Chapt.16 regulations
Livelwork quarters
A
A
A
A
See Chapt.17 standards
Mobilehome park
C
Residential care facilities for the
handicapped
Small (0-6 residents)
P
P
P
P
P
Large (7 or more residents)
P
P
P
P
P
Residential care facilities, other
Small (0-6 residents)
P
P
P
P
Large (7 or more residents)
C
C
C
C
Rooming or boarding houses
I
C
A
A
A
See Chapt.17 standards
Day Care
Day care facility, child or adult
Family day care
Small (0-6 children or adults)
P
P
P
P
Large (7-12 children)
A
A
A
A
See Chapt.17 standards
Large (7-12 adults)
C
C
C
C
Day care center (13 or more children or
C
C
C
C
C
C
C
adults)
Visitor Accommodations
Hotels, motels, or bed and breakfast
C
C
C
C
C
Inns
C
C
C
C
C
Tran oortation Facilitieg
Bus stations
C
C
C
"Park and ride" facilities
C
C
C
C
Parking facilities, commercial or
I C
C
C
C
C
C
municipal
Taxi stations
I C
C
C
Transit stations or transitways
C
C
C
Temporia Uses
Temporary uses
A
I
A
A
A
A
C
A
See Chapt.17 standards
Accessory Structures and Uses
Accessory structures and uses
P
P
P
P
P
P
P
See Chapt. 16 regulations
customarily incidental to a permitted
use and contained on the same site.
5-8
A. Francisco Boulevard West Commercial District (FBWC): Land Use Reeulations for New
Develooment and/or Redevelooment
1. New development and redevelopment within the Francisco Boulevard West Commercial
District shall be subject to initial use permit review by the Planning Commission. Master
use permits shall be required for multi -tenant shopping center developments, specifying the
types of uses which may go into the center, approving an initial roster of tenants, and
identifying procedures for subsequent review and approval of future tenants when changes
in occupancy occur.
2. Prerequisites for initiating the use permit review process are as follows:
a . The proposed use is listed on the Commercial Matrix as requiring a Conditional use
permit and meets the review criteria sl mcified in (3) below.
b. In the event the proposed use is not listed on the Commercial Matrix as requiring a
conditional use permit, but the proposed use meets the review criteria specified below,
application for determination may be made to the Planning Commission. The Planning
Commission shall determine whether the proposed use is consistent with the specified
review criteria for the Francisco Boulevard West Commercial District.
3. Review criteria for evaluating proposed uses in new development and redevelopment
projects in the Francisco Boulevard West Commercial District are listed below. In order to
initiate the use permit process as indicated in either case (2) (a) or (b) above, the proposed
project must meet one or more of the following criteria:
a. Generates high tax revenue;
b. Constitutes a large-scale business;
c. Constitutes a multi -tenant center with shops which provide related services or types of
goods; and/or
d. Has a regional market base.
5-9
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Chapter 6 Industrial Districts (I, LI/O, CCl/O)
Sections:
14.06.010 Specific Purposes
14.06.020 Land Use Regulations (I, LI/O, CCI/O)
14.06.030 Property Development Standards (I, LINO, CCI/O)
14.06.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the industrial
districts include the following:
A. To provide appropriately located areas for a range of light and heavy industrial uses,
including the building trades and automotive service industries which serve area residents and
businesses.
B. To preserve and expand the contribution of industrial, building trades and auto service uses to
the overall economic base and employment opportunities of the City.
C. To provide a suitable environment for industrial uses and minimize potential land use conflicts
by limiting non -industrial uses within the industrial districts.
D. To minimize the impacts of industrial uses on adjacent non -industrial districts.
E. To upgrade appearance and parking conditions to a reasonable extent while maintaining the
vitality of the industrial districts.
F. To promote industrial development at appropriate building intensities and trip generation
characteristics which will maintain acceptable traffic operating standards.
The additional purposes of each industrial district follow.
G. Industrial District (f)
The Industrial District provides opportunities for a full range of heavy and light industrial
uses, including the building trades and automotive service industry. The Industrial District
protects general industrial uses from disruption and competition for space from unrelated retail,
commercial and office uses that could be more appropriately located elsewhere in the city.
However, ancillary office, small office, and certain retail and service uses are allowed for the
convenience of arca businesses and employees.
H. Lieht Industrial /Office District (LIQ
The Light Industrial/Office District provides landscaped settings for light industrial uses,
research and development facilities, warehousing, wholesale distributing and office uses.
Incidental employee -serving retail and service uses are encouraged. Specialty retail uses
consistent with light industrial or office uses, region -serving specialty retail, and retail uses
supportive of and related to industrial uses may be permitted provided the proposed use is
consistent with floor area ratio (FAR) and trip allocation standards. FAR requirements, trip
allocation standards and design criteria vary throughout the district in response to specialized
conditions recognized in the General Plan.
I. Core Canal Industrial /Office District (CCM
The Core Canal Industrial/Office District provides sites for light industrial, automotive
service, and small-scale office uses. Specialty retail uses consistent with industrial uses may be
allowed provided the proposed use complies with FAR requirements and trip allocation
standards. Because this area suffers from severe parking congestion, and typically has small
lot sizes and narrow street widths, high trip -generating uses such as general retail, personal
service or food service establishments are restricted in this district. These types of uses are
more appropriately located in nearby commercial districts.
Within the Core Canal Industrial/ Office District, new development and building remodels
shall achieve upgraded design and reduce any adverse circulation and parking impacts. Fringe
sites and buildings shall also provide an appropriate transition to adjacent residential and
commercial districts.
6-1
14.06.020 Land Use Regulations (I, LI/O, CCl/O)
P: Permitted; C: Conditional Use Permit; A: Administrative Use Permit, Blank: Not allowed.
Types of Land Use I LI/0 CCl/0 Additional Use Regulations
Industrial Uses
Boat building and repair
C
Industry, general
Asphalt mix plants
C
Assembly plants
P
P
P
Biotechnology firms
C
C
C
Cabinet shops
P*
P*
P*
* Permitted by right unless within
Candle making shop
P*
P*
P*
100 feet of a residential district,
Ceramic shop
P
P*
P*
in which case it is "C", subject to
Chemical manufacture or processing
C
a use permit.
Clothing manufacturing
P
P
P
Concrete mix plants
C
Contractor's yards (screened)
P
C
C
Dry cleaning plants
P
P
P
Electronics industry
C
C
C
Food manufacture or processing
P*
P*
P*
Fuel yards
C
Furniture manufacturing
P*
P*
P*
Furniture refinishing or repair
P*
P*
P*
Laboratories
C
C
C
Machine shops
P*
P*
Metal fabrication, forging, or welding
C
C
C
shops
Packaging plants
P*
P*
P*
Pharmaceutical manufacturing
C
C
C
Planing mills
C
Printing shops
P
P
P
Research and development facilities
C
Rock, sand or gravel plants (crushing,
C
screening and stockpiling)
Mini -storage
P
P
P
Moving companies
P
C
C
Storage, warehousing and distribution
P
P
P
See "Outdoor Storage"
Trucking yards and terminals
C
Waste Management
Hazardous waste transfer, storage,
C
See Hazardous Waste Management
treatment and recycling
Plan standards
Resource recovery and recycling
C
Solid waste management (collection,
C
disposal)
Transfer stations
C
Wholesale and distribution
P
P
P
Offices and Related Um
Financial services and institutions
Banks
P*
* If locating within a space with
Check -cashing offices
P*
prior industrial use, a use permit
Foreign currency exchange and/or
P"
is required to review traffic
delivery services
intensification
6-2
s
14.06.020 Land Use Regulations (I, LI/O, CCl/O)
P: Permitted; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Types of Land Use
I
LI/O
CCl/O
Additional Use Regulations
Savings and loan institutions
P*
" If locating within a space with
Medical services (medical, dental and
prior industrial use, a use permit
health-related services, with sale of
is required to review traffic
articles clearly incidental to the
intensification
services provided)
Clinics
C
C
Laboratories
C
C
C
Offices, medical
C*
C
C
• 5,000 sq. ft. or less
Offices, general
C"
C
C
"5,000 sq. ft. or less
Commercial Uses
Animal care facilities (with or without
C
C
C
exterior kennels, pens or runs)
Building materials and supplies
Brick, gravel, rock, concrete, lumber, tile
P*/'"
P*/*•
P"/*•
"See "Outdoor storage"
sales
Electrical supply stores
I"'/•'
P"/"
P*/"
'* if locating within a space with
Equipment rental businesses
P*/•*
P'/*•
P•/•*
prior industrial use, a use permit
Class and window stores
P"/*"
P*/**
P*/**
is required to review traffic
Hardware stores
P•/'•
P*/•*
P*/•*
intensification
Paint stores
P•/**
P•/"•
P*/**
Plumbing supply stores (and ancillary
P*/•*
P'/*•
P•/•'
service)
Business sales and service
Blueprint and photocopy shops
P"•
P'"
P'•
Locksmith shop
P
P
P
Printing shops
P
P
P
Card Rooms
C
See Chapt.10.36
Food and beverage service
establishments
Brew pubs
C
C
C
Cocktail lounges
C
Fast food restaurants
C
C
Food service establishment, high
C
C
volume
Food service establishment (with or
without incidental serving of beer or
wine) and without a cocktail lounge,
live entertainment, or dancing
(1) 1,000 sq. ft. or less in size
C
C
C
(2) More than 1,000 sq. ft. in size
C
Food service establishment, with a
C
cocktail lounge, live entertainment
and/or dancing
Seasonal outdoor eating areas
A
A
A
See Chapt. 17 standards
Food and beverage stores
Bakeries (with ancillary food service
1,000 sq. ft. or less in size)
(1) Retail
P
(2) Wholesale
P
P
P
E-3
14.06.020 Land Use Regulations (I, LI/O, CCl/O)
P: Permitted; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Types of Land Use I LINO CCl/O Additional Use Regulations
Maintenance and repair services
Appliance repair
Building maintenance services
Furniture upholstery
General Contractors
Motor vehicle sales and service
including automobiles, motorcycles,
trailers, trucks, and recreational
vehicles)
Auto detailing
Coin -op washing
Gasoline stations (including minor
repair such as tune-ups, brakes,
batteries, tires, and mufflers)
Rentals
Repairs, major (engine work, painting,
body work)
Repairs, minor (tune-ups, brakes,
batteries, tires, mufflers, upholstery)
Sales, new or used vehicles
Sales, parts and supplies
Towing businesses
Wrecking yards
Music rehearsal/recording studios
Outdoor storage
Personal service establishements
Artistic and photographic studios,
without sale of equipment or supplies
Barber shops/beauty salons
Dry cleaning establishments with or
without on-site processing facilities
Retail
Drug stores and pharmacies
Florist
Specialty retail, region -serving
Public and Quasi -Public Uses
Clubs and lodges, including youth
groups
Public facilities
Administrative offices
Day Services Center
Job Center
Public and utility facilities (corporation,
maintenance or storage yards, utility
distribution facilities, etc.)
Public facilities, other (police, fire,
paramedics, post office, etc.)
Public parks, playgrounds, and
recreation facilities
P' P• P• • See "Outdoor Storage"
P• P• P•
P" P" P•
P' P• P•
P
C
C
C
C
C
C
C
C
See Chapt.16 regulations. For
repair, see Chapt.17 standards
P
P
P
A
A
A
See Chapt.17 standards
A
A
A
See Chapt.17 standards
C
C
C
P'
P•
P•
' If locating within a space with
C
C
prior industrial use, a use permit
C
is required to review traffic
P
C
C
intensification
C
C
C
P
P
P P P
C
C
C
C C
C' P P '5,000 sq. ft. or less
C C C
C C C
C C C
P P P
C
6-4
14.06.020 Land Use Regulations (I, LI/O, CCl/O)
P: Permitted; C: Conditional Use Permit-, A: Administrative Use Permit-, Blank: Not allowed.
Types of Land Use I LI/O CCl/O Additional Use Regulations
Religious institutions
Schools
Parochial, private
Public
Business trade, performing arts,
vocational
r
Caretaker's residence
Day care centers
Emergency shelters for the homeless
Permanent
Rotating or temporary
Hotels or motels
Transportation Facilities
Bus stations
Heliport
"Park and ride" facilities
Parking facilities, commercial or public
Taxi stations
Transit stations or transitways
Temoorary UsU
Temporary uses
Accessory Structures and Uses
Accessory structures and uses
customarily incidental to a permitted
use and contained on the same site
C C
C
P
C C C
C C
C
C C
C
C C
C See Chapt. 17 standards
C C
C See Chapt. 17 standards
C
C
C C
C
C
C C
C
C C
C
C C
C
C C
C
A A
A See Chapt. 17 standards
P P
6-5
P See Chapt. 16 regulations
14.06.030 Property Development Standards (I, LINO, CCl/O)
NR: Not required, unless otherwise noted in "Additional Standards."
(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 10 feet.
(B) Exceptions may be granted for a height above 36, subject to the provisions of Chapter 24 (Exceptions).
(C) Buildings existing or approved as of January 1, 1987 which are more than three stories in height
shall not be considered nonconforming, 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.; and, in the I District, for development fronting
Woodland Avenue, Irwin Street, Lincoln Avenue, Lindaro 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 of the
front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet
of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet 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 Avenue, Lindaro Street, and Woodland Avenue.
(H) Exception may be granted for required minimum landscaping standards, subject to the provisions of
Chapter 24 (Exceptions).
(I) In the LI/O District, a minimum 20 feet of the front setback must be landscaped.
NOTE: See Chanter 16 (Site and Use Reeulations) for additional reeulations nertainine to floor area ratio.
trio allocations. and site development standards.
6-6
I
LINO
CC110
Additional Standards
Minimum Lot Area (sq. ft.)
6,000
6,000
6,000
(A)
Minimum Lot Width (ft.)
60
60
60
(A)
Minimum Yards:
Front (ft.)
NR
20
NR
(A
Side (ft.)
NR
10 or 20/0
NR
(A)
Rear (ft.)
NR
10
NR
(A)
Maximum Height of Structure (ft.)
36
36
36
(B), (C)
Maximum Lot Coverage
NR
NR
NR
Minimum Landscaping
10%
20%
10%
(D), (E), (F), (G), (H), (I)
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the
same as required for that residential district, and when the side and/or rear of the lot(s) abuts a
residential district, the respective side and/or rear yard shall be 10 feet.
(B) Exceptions may be granted for a height above 36, subject to the provisions of Chapter 24 (Exceptions).
(C) Buildings existing or approved as of January 1, 1987 which are more than three stories in height
shall not be considered nonconforming, 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.; and, in the I District, for development fronting
Woodland Avenue, Irwin Street, Lincoln Avenue, Lindaro 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 of the
front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet
of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet 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 Avenue, Lindaro Street, and Woodland Avenue.
(H) Exception may be granted for required minimum landscaping standards, subject to the provisions of
Chapter 24 (Exceptions).
(I) In the LI/O District, a minimum 20 feet of the front setback must be landscaped.
NOTE: See Chanter 16 (Site and Use Reeulations) for additional reeulations nertainine to floor area ratio.
trio allocations. and site development standards.
6-6
Chapter 7 Planned Development District (PD)
Sections:
14.07.010 Specific Purposes
14.07.020 Land Use Regulations
14.07.030 Property Development Regulations
14.07.040 Authority
14.07.050 Application
14.07.060 Required Plans and Materials
14.07.070 Initial Consultation; Concept Plan Review
14.07.080 Public Notice and Hearing
14.07.090 Findings
14.07.100 Content of PD Zoning Approvals
14.07.110 Notice of Decision
14.07.120 Effect of Failure to Give Notice
14.07.130 Effective Date; Status of Development Plan
14.07.140 Zoning Map Designation
14.07.150 Amendments to PD Zoning and Development Plans; New Application
14.07.160 Revocation
14.07.170 New Applications Following Denial or Revocation
14.07.010 Specific Purposes
The specific purposes of the Planned Development (PD) District are to:
A. Promote and encourage cluster development on large sites to avoid sensitive areas of property.
B. Encourage innovative design on large sites by allowing Flexibility in property development
standards.
C. Encourage the establishment of open areas in land development.
D. Encourage the assembly of properties that might otherwise be developed in unrelated
increments to the detriment of surrounding neighborhoods.
E. Establish a procedure for the development of large lots of land in order to reduce or eliminate
the rigidity, delays, and conflicts that otherwise would result from application of zoning
standards and procedures designed primarily for small lots.
F. Accommodate various types of large-scale, complex, mixed-use, phased developments.
G. Enable affected governmental bodies to receive information and provide an integrated response
to both the immediate and long-range impacts of such proposed developments.
14.07.020 Land Use Regulations
No use other than an existing use 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.
A master use permit or individual use permits may be required to establish specific uses on the property
consistent with General Plan land uses, trip allocations and parking standards. A master use permit
shall be required for non-residential, phased, and/or multi -tenant development.
A Development Plan is not required for existing school sites located in the PD District. A use permit
shall be required for any non-public 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.
14.07.030 Property Development Regulations
Minimum Area. The minimum net area of a PD district shall be 2S acres, provided that a PD
district may be subdivided in accord with a valid PD Plan; exceptions to this provision are lots
7-1
over 0.5 acres in size where developed to provide affordable housing, and hillside residential
lots over one acre in size where unusual site characteristics exist.
B. Residential Unit Densitv. The total number of dwelling units in a PD Plan shall not exceed the
maximum number permitted by the General Plan density for the total site area. Density bonuses
for senior housing development and affordable housing development may be considered
consistent with General Plan policies and State law.
C. Non -Residential Intensitv. Non-residential development shall not exceed Floor Area Ratios as
specified in the General Plan, except in the Downtown where a one-time ten percent bonus may
apply for business expansion, consistent with General Plan policy.
D. Buildine Heieht Limits. Building heights shall be consistent with height standards contained
in the General Plan.
E. Trio_ Allocations. In traffic -sensitive areas of the City (see Section 14.16.160, "Specific Areas
for Floor Area Ratio Limits and Trip Allocations" Map), proposed development shall be
limited by trips allocated to the subject property, as per the General Plan. See Section 14.16.320
(Trip Allocations) and Chapter 26 (Trip Permits) for additional information.
F. Other Development Ree_ulations. Other development regulations shall be as prescribed by the
Development Plan.
14.07.040 Authority
The Planning Commission shall recommend approval, conditional approval or denial of applications to
reclassify property to the PD district and/or applications for Development Plans to the City Council.
The City Council shall have the authority to approve, conditionally approve or deny rezonings and/or
Development Plan applications.
14.07.050 Application
An application to reclassify property to PD shall be initiated by a property owner or authorized agent,
the Planning Commission or the City Council. If the property is not under single ownership, all owners
shall join in an application initiated by property owners, and a map showing the extent of ownerships
shall be submitted with application materials. Applications to rezone property to PD shall be filed
and processed in accordance with Chapter 27 (Amendments). If property is already zoned PD, an
approved Development Pian is required to develop the property.
Applications for Development Plans shall be initiated by submitting the following information to the
Planning Department: a completed application form, signed by the property owner(s) or authorized
agent, accompanied by the required fee, and any other information, plans or maps prescribed by the
Planning Director. Standard information required for a Development Plan application is listed below
in Section 14.07.060. Application procedures and processing timeframes shall be in accordance with
State law and procedural guidelines established by the Planning Director.
14.07.060 Required Plans and Materials
In addition to the plans and materials required to accompany an application for a zoning map
amendment as per Chapter 27 (Amendments), an application for rezoning to a PD district shall include
a Development Plan incorporating the information described below:
A. A map showing proposed district boundaries and the relationship of the. district to uses and
structures within a 300 -foot radius of the district boundaries.
B. A map or aerial photo of the proposed district and 300 feet beyond its boundary showing
sufficient topographic data to indicate clearly the character of the terrain; ridgelines and
creeks; the type, location, and condition of mature trees and other natural vegetation; and the
location of existing development.
C. The proposed pattern of land use, with acreage, residential density or commercial intensity
calculations. This shall include the total square footage of each type of non-residential use
proposed in order to assess parking and traffic impacts.
D. A site plan showing proposed street and lot patterns, and the location of all proposed buildings,
structures, and other general site improvements.
E. A description of proposed setbacks, yard areas and height limits.
7-2
F. A plan showing location, grades, and widths of all streets; location and size of all utilities;
drainage structures; parking areas; walkways; and other improvements.
G. Parking plan showing proposed parking layout and provisions for bicycle parking/storage.
H. A topographical map with average site slopes, or slopes of proposed lots, if applicable, and
slopes of proposed streets.
I. Geotechnical data (Preliminary Geologic Report, Geotechnical Investigation Report, and/or
Hazardous Waste Investigation Report, as per General Plan Appendices, "Geotechnical
Review Matrix).
J. Traffic study.
K. Description of all open space and/or undeveloped areas and a statement indicating their
intended disposition (i.e., deeded to property owners, dedicated to City, etc.).
L. Proposed subdivision map if property is proposed to be divided.
M. An enumeration of deviations between typical Zoning Ordinance standards for such uses and the
proposed plan.
N. Phasing plan, if any.
O. Other information as may be prescribed by the Planning Director, depending on the type,
location and potential impacts of the proposed development.
An application for Development Plan may be accompanied by an application for Environmental and
Design Review. If the Development Plan application is not accompanied by the Environmental and
Design Review application, the following preliminary design review information shall also be
submitted as part of the Development Plan application:
P. Preliminary architectural elevations of all proposed buildings and structures.
Q. Conceptual landscape plans.
R. Preliminary grading plan.
S. Site photographs showing site and adjacent properties.
T. Other information as may be prescribed by the Planning Director.
14.07.070 Initial Consultation; Concept Plan Review
Applicants may request an initial consultation with the Planning Director (or the Planning Director's
designated appointee) and/or a preliminary review by the Design Review Board to review proposed
development at the conceptual plan stage. See Section 1425.030 (Application).
14.07.080 Public Notice and Hearing
A. The Planning Commission and City Council shall hold public hearings to consider applications
to rezone property to the PD district and/or a Development Plan application.
B. Notice of public hearings shall be given consistent with Chapter 27 (Amendments).
14.07.090 Findings
A recommendation by the Planning Commission to the City Council or a decision by the City Council to
reclassify property to the PD district and/or to approve a Development Plan shall be based on the
following set of required findings:
A. The Development Plan is consistent with the General Plan, adopted neighborhood plans and
other applicable City plans or policies;
B. Any residential development shall constitute a residential environment of sustained
desirability and stability in harmony with the character of the surrounding neighborhood, and
where applicable, adequate open space shall be provided;
7-3
1
C. Any non-residential uses shall be appropriate in area, location and overall planning for the
purpose intended, and the design and development standards shall create a non-residential
environment of sustained desirability and stability, and where applicable, adequate open
space shall be provided;
D. The applicant demonstrates that public facilities are provided to serve the anticipated
population,
E. The development is improved by deviations from typical Zoning Ordinance property
development and parking standards; and,
F. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and
public safety. Emergency vehicle access is provided to serve the proposed development.
14.07.100 Contents of PD Zoning Approvals
PD zoning approvals shall include a text summary of the approved Development Plan, including the
range of allowable land uses, residential density, number and type(s) of residential units,
commercial/industrial intensity, building square footage devoted to each type of non-residential land
use, site development standards including setbacks, building envelopes, lot coverage and height limits,
parking, open space areas, outdoor amenities and any other critical components of development
approval.
A master use permit or individual use permit(s) may be required as per Section 14.07.020 to establish
specific use approvals and to evaluate compliance with trip allocations and parking standards.
14.07.110 Notice of Decision
The Planning Commission or City Council shall prepare a written decision which shall contain the
findings of fact upon which such decision is based and conditions of approval, if any. The decision shall
be mailed to the applicant(s).
14.07.120 Effect of Failure to Give Notice
No action, inaction or recommendation regarding any development by the Planning Commission or City
Council shall be held void or invalid or be set aside by any Court by reason of error or omission
pertaining to the notices, including the failure to give any notice required by this Section, unless the
Court after an examination of the entire case shall be of the opinion that the error or omission
complained of was prejudicial, and that by reason of such error or omission the party complaining or
appealing sustained and suffered substantial injury, and that a different result would have been
probable if such error or omission had not occurred or existed. There shall be no presumption that the
error or omission is prejudicial or that injury was done if error or omission is shown.
14.07.130 Effective Date; Status of Development Plan
PD zone designations without Development Plans are effective upon adoption of this Zoning Ordinance.
Development Plans for these PD districts, and any other PD districts with Development Plans shall be
effective on the same date as the ordinance for which they were or are approved. PD ordinances shall
expire only upon rezoning to another zoning district. If no action has been taken on an approved
Development Plan within five years of its approval (or other timeframes specified by the approval)
the City may initiate rezoning of the property.
14.07.140 Zoning Map Designation
A Planned Development district shall be noted by the designation "PD". PD districts with approved
Development Plans shall be noted by the designation "PD", followed by the ordinance number
approving the Development Plan.
14.07.150 Amendments to PD Zoning and Development Plans; New Application
Requests for changes in the contents of approval of a PD zoning and Development Plan shall be treated
as a Zoning Amendment (rezoning). Rezonings shall be heard and decided by the City Council. The
procedures for filing and processing a rezoning shall be the same as those established for an initial PD
zoning and Development Plan application.
7-4
14.07.160 Revocation
Any violation of a condition of approval of a Development Plan or a provision of this ordinance shall
be grounds for permit revocation, as provided in Chapter 29 (Enforcement).
14.07.170 New Applications Following Denial or Revocation
If an application for a Development Plan is denied or revoked, no new application for the same, or
substantially the same, Development Plan shall be filed within one year of the date of denial or
revocation of the initial application, unless the denial is made without prejudice.
V�7
Chapter 8 Marine -Related Districts (M, MC)
Sections:
14.08.010 Specific Purposes
14.08.020 Land Use Regulations (M, MC)
14.08.030 Property Development Standards (M, MC)
14.08.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the Marine
District (M) include the following:
A. To promote the Canal as a navigable waterway and viable boating/maritime district.
H. To preserve limited canal -front sites for water frontage dependent uses in order to maintain the
Canal as a viable maritime/boating district.
C. To provide site opportunities for marine -related businesses which may benefit from proximity
to water frontage dependent businesses and contribute to the maritime character of the district.
D. To provide site opportunities for canal -front parks and marine -related recreation.
E. To protect the marine districts from the encroachment of new residential uses and other uses
which are not marine -related which may locate elsewhere in the City.
F. To promote building design sensitive to waterfront locations.
G. To promote public access along the waterfront.
In addition to the general purposes listed in Section 14.01.030, and the Marine District purposes listed
above, the purposes of the Marine Commercial District NO include the following:
H. To allow site opportunities for shopping centers, hotels and restaurants which promote public
access to the Canal.
8-1
.R.
14.08.020 Land Use Regulations (M, MC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use M MC Additional Use Regulations
Marine Uses
Boat building and repair
C C
Boat sales and rentals
P P
Charter boat businesses
P P
Clubs -and lodges, including youth groups,
C C
with a marine focus or purpose (boating,
fishing, study of marine biology, etc)
Contractor's shops related to marine
C C
activities, including welding, small
machinery repair, and marine engine repair
Equipment rentals related to boating, fishing
P P
etc.
Fish and bait sales, retail
Indoors
P P
Outdoors
C C
Fishing enterprises, commercial and/or
C C
recreational, including support facilities
(hoist, ice plant, storage, packing and sales
area and related offices)
Fishing supply stores, including bait and
P P
stores
Fuel yards strictly for boats
C C
Marinas, including boat slips, offices (sales,
C C
management, etc), harbor, clubhouse,
marine -related retail and support services,
(restrooms, showers, laundry, caretaker's
residence, pump -outs, etc.)
Marine electronics: sales, manufacturing,
C C
assembly, testing or repairs (including
electrical, electro -mechanical or electronic
equipment or systems related to harbor
or marine activities)
Marine industry sales, including boat
P P
machinery, parts and incidental hardware
Marine supply stores
P P
Marine testing laboratories, research
C C
and development facilities
Museum, marine -related
C C
Offices, business support for
P P
marine industry including security
Parks with marine recreational features or
P P
concessions
Schools, sailing, boating, etc.
P P
Storage, boat (wet or dry)
P P
Warehousing, strictly for storage of boats,
C C
boat trailers and fishing gear
Yacht clubs
C C
8-2
14.08.020 Land Use Regulations (M, MC)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use M MC Additional Use Regulations
Commercial
Food and beverage service establishments
Cocktail lounges
C
Food service establishments (with or
without incidental serving of beer or wine)
and without a cocktail lounge, live
entertainment and/or dancing
(1) 1,000 sq. ft. or less in size
C
(2) More than 1,000 sq. ft. in size
C
Food service establishments with a
C
cocktail lounge, live entertainment and/or
dancing
Seasonal outdoor eating areas
A See Chapt.17 standards
Shopping centers (all uses listed as I
C
permitted or subject to use permit approval
in General Commercial District are permitted
in shopping centers)
Public and Ouasi-Public Uses
Public utility facilities I C C
jgsidential and Visitor
&cnmodation Usti
Caretaker's residence C C
Hotels or motels C
Transportation Facilities
"Park and ride" facilities I C C
Parking facilities, public I C C
Temoorary UM I
Temporary Uses I A A See Chapt.17 standards
Accessory Uses and Structures
Accessory uses and structures customarily P P See Chapt.16 regulations
incidental to a permitted use and contained
on the same site
8-3
14.08.030 Property Development Standards (M, MC)
NR: Not required unless otherwise noted in "Additional Standards".
M MC Additional. Standards
Minimum Lot Area (sq. ft.) 6,000 6,000
Minimum Lot Width (ft.) 60 60
Minimum Yards:
Front (ft.) NR NR (A)
Side (ft.) NR NR (A)
Rear (ft.) NR NR (A)
Maximum Height of Structure (ft.) 36 36 (B), (C), (D)
Minimum Landscaping 10% 10% (E)
(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 10 feet.
(B) Exceptions may be granted for a height above 36 feet, subject to the provisions of Chapter 24
(Exceptions). Lower height may be required consistent with the Canalfront Review Overlay
District (Chapter 15).
(C) Buildings existing or approved as of January 1, 1987 which are more than three 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 story height limit. A five 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).
NOTE: See Chaoter 16 (Site and Use Reeulations) for additional ree_ulations n_ ertainine to Floor
ratio. trio allocations, and site development standards.
8-4
Chapter 9 Public/Quasi-Public District (P/QP)
Sections:
14.09.010 Specific Purposes
14.09.020 land Use Regulations (P/QP)
14.09.030 Property Development Standards (P/QP)
14.09.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the
Public/Quasi-Public District include the following:
A. To provide sites for governmental, educational, public safety, public utility and public
transportation facilities.
B. To provide site opportunities for recreation and non-profit community service facilities.
9-1
14.09.020 Land Use Regulations (P/PQ)
P: Permitted by right, C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use P/QP Additional Use Regulations
Public/Quasi-Public Uses
Public facilities
Administrative offices (city and county,
P
special district, public utility, etc.)
Libraries, museums, and other cultural facilities
P
Public and utility facilities (corporation,
C
maintenance or storage yards, pump stations,
utility substations, storm drainage ponds,
water tanks, utility distribution facilities, etc.)
Safety facilities (police, fire or paramedics)
P
Sewage or water treatment facilities,
P
including wastewater ponds and irrigation areas
Quasi -public service uses, including clubs
C
and other service organizations, which pursue
or provide programs such as day care, religious,
or similar use
Schools
Parochial, private
C
Public
P
Business, performing arts, vocational
C
Use of school sites for other uses
C•
" May include: child care programs;
educational, recreational, cultural and
_Commercial Uses
religious classes, programs and
Funeral and internment services
activities, administrative offices
Cemeteries, mausoleums
P
incidental to educational service uses;
Recreation facilities (indoors or outdoors)
C
churches; counseling groups; and those
private business uses which qualify as
r n vortation Facilitieg
as home occupations.
Bus stations, public
C
"Park and ride" facilities
C
Road right-of-ways, slope easements, or similar
C
public improvements
Transit stations, public, or transitways
C
Residential Uses
Emergency shelters for the homeless
Permanent C See Chapter 17 standards
Rotating or temporary C See Chapter 17 standards
Day care center C
Temoorary UM
Temporary Uses
A See Chapter 17 standards
Accessory Structures and Uses
Accessory structures and uses customarily P See Chapt. 16 regulations
incidental to a permitted use and contained
on the same site
9-2
f
14.09.030 Property Development Standards (P/QP)
NR: Not required unless otherwise noted in "Additional Standards."
P/QP Additional Standards
Minimum Lot Area (sq. ft.)
NR
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)
(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 10 feet.
(B) Exceptions may be granted for a height above 36 feet, subject to the provisions of Chapter 24
(Exceptions).
(C) Buildings existing or approved as of January 1, 1987 which are more than 3 stories in
height shall not be considered nonconforming, and are listed in Section 14.16.040 (Buildings Over
Three Stories).
(D) For parking lot landscaping, see Section 14.18.160 (Parking Lot Screening and Landscaping).
NOTE: See Chaoter 16 (Site and Use Reeulations) for additional ree_ulations vertainine to Floor
area ratio, triD allocations, and site development standards.
9-3
Chapter 10 Parks/Open Space District (P/OS)
Sections:
14.10.010 Specific Purposes
14.10.020 Land Use Regulations (P/OS)
14.10.030 Property Development Standards (P/OS)
14.10.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the Parks/Open
Space District include the following:
A. To provide appropriately located land throughout the City for public parks.
B. To provide opportunity for recreational uses in public parks.
C. To promote an integrated pattern of open space areas within the City to serve as visual
greenbelts and community separators and to protect environmental resources.
D. To protect the public health and safety by limiting lands subject to flooding, slides, or other
hazards to open space use.
E. To preserve baylands, waterways, and wetlands as open space.
F. To retain open space land in a natural open state.
G. To discourage public utility facilities in open space areas to minimize harm to the area's visual
quality.
H. To allow low intensity, passive recreational uses within open space areas and provide
opportunity in appropriate locations for more intensive uses of open space which are consistent
with the preservation of open space natural values and have minimal impacts on the
environment.
10-1
14.10.020 Land Use Regulations (P/OS)
P: Permitted by right; C: Conditional Use Permit; A: Administrative Use Permit; Blank: Not allowed.
Types of Land Use
Open pace/Pa-rks/Recreation
Open space, public
Animal grazing
Animal husbandry
Horse keeping
Riding stables
Picnic areas
Trails (bicycle, equestrian, pedestrian)
Wildlife preserves or sanctuaries
Open space, private
Public parks, playgrounds, and recreation
facilities
Private concessions in public parks
Public/Quasi-Public Use
Public facilities
Public and utility facilities (including pump
stations, utility substations, storm drainage
ponds, and water tanks, and excluding corporation,
maintenance or storage yards)
Sewage or water treatment facilities, including
wastewater ponds and irrigation areas
Temporary Uses
Acces ory Structures and Uses
Accessory structures and uses customarily
incidental to a permitted use and contained on
the same site
10-2
P/OS Additional Use Regulations
C
C
C
C
C
C
P
P* " Any of the uses listed under
P Public Open Space, subject to any
additional restrictions or other
C approved uses on an easement,
grant deed, map of record, or private
covenant.
C
C
A See Chapt. 17 standards
P See Chapt. 16 regulations
14.10.030 Property Development Standards (P/OS)
NR: Not required, unless otherwise noted in "Additional Standards."
P/OS Additional Standards
Minimum Lot Area (sq. ft) NR
Minimum Lot Width (ft.) NR
Minimum Yards:
Front (ft.) NR
Side (ft) NR
Rear (ft.) NR
Maximum Height of Structure (ft.) 36 (A)
(A) Exceptions may be granted for a height above 36 feet, subject to the provisions of
Chapter 24 (Exceptions).
NOTE: See Chanter 16 (Site and Use Reeulations) for additional reeulations vertainine
to Floor area ratio. trio allocations. and site development standards.
10-3
Chapter 11 Water District (W)
Sections:
14.11.010 Specific Purposes
14.11.020 Land Use Regulations (W)
14.11.030 Property Development Standards (W)
14.11.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the purposes of the Water District
include the following:
A. To promote the waters of San Rafael as a navigable waterway and viable boating/maritime
district.
B. To provide opportunities for limited water -dependent uses which require access to the water as
a central element of its basic function, and which contribute to the maritime character of the
district.
C. To provide opportunities for marine -related recreation.
D. To protect property from erosion from storms and high tides.
E. To improve water quality by preventing or reducing pollution caused by any means.
F. To protect and enhance wildlife habitat.
G. To provide opportunities for education and scientific research.
14.11.020 Land Use Regulations (W)
P: Permitted by right, C: Conditional Use Permit: A: Administrative Use Permit; Blank: Not allowed.
Type of Land Use W Additional Use Regulations
Water -
Boat docking facilities
Ancillary use to a single-family residence
P
Part of a marina or other nonresidential use
C
Boat launching ramps
C
Boat storage, wet
P
At docking facilities only or in
areas designated by Chapt.17.20.
Charter boat businesses
P
At docking facilities only or in
areas designated by Chapt. 17.20.
Commercial fishing, shellfishing, and trapping
C
Open space, private
C
Limited to outdoor water -oriented
recreational activities such as
canoeing, boating, and fishing.
Open space, public
P"
'As permitted by the Open Space
Pier or wharf
I C
Management Plan and/or Park
Parks, public, and recreation facilities
P"
Master Plan. If a plan has not
been adopted, then a use permit
is required.
Recreation facilities, private, outdoors
C
Limited to outdoor water -oriented
recreational activities such as
canoeing, boating, and fishing.
Terminal, ferry or similar marine transportation C
Wildlife preserve or sanctuary P
PublidOuasi-Public Ulo
Public facilities
Public and utility facilities P
Public improvements (bridges, roads, seawalls, P
levees)
Schools, sailing, boating, etc. C
Temoorary UM
Temporary Uses C
Accessory Structures and Uses
Accessory structures and uses customarily C See Chapt.16 regulations
incidental to a permitted use and contained on the
same site.
11-2
14.11.030 Property Development Standards (W)
NR: Not required, unless otherwise noted in "Additional Standards."
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)
(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 issuance of a Tidelands Permit 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).
11-3
Chapter 12 Hillside Development Overlay District (-H)
Sections:
14.12.010 Specific Purposes
14.12.020 Criteria for Establishment of Hillside Development Overlay District
14.12.030 Property Development Standards (-H)
14.12.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the purposes of the Hillside
Development Overlay District include the following:
A. To protect public health and safety by minimizing hazards, including seismic and landslide
risks, soil erosion, and fire danger associated with development on steep and/or unstable slopes.
B. To encourage preservation of natural hillside features.
C. To ensure adequate emergency access by providing on-site parking.
D. To implement the residential site design policies of the General Plan and the Hillside
Residential Design Guidelines Manual.
14.12.020 Criteria for Establishment of Hillside Development Overlay District
These regulations shall apply to all lots with an average slope greater than 25 percent or 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.
Lots with an average slope greater than 25 percent not shown in the Hillside Development Overlay
District are presumed to exist in the city and are protected under all of the terms and provisions of this
Chapter. Development on such lots require compliance with the requirements of the Hillside
Development Hillside Overlay District, except that such lots need not be rezoned to the Hillside
Development Overlay District.
14.12.030 Property Development Standards (-H)
Development standards shall be those of the underlying zoning district with which a Hillside
Development Overlay District is combined, provided that the following shall be in addition and shall
govern where conflicts arise, except for (G) (Lot Standards) where the lot size standard of the
underlying zoning district applies when more restrictive than the Subdivision Ordinance.
A. Buildine Steoback. A building stepback is established to limit the height of structures to avoid
excessive building bulk. On the downhill slope walls and on walls facing front and side
property lines, a 20 foot height limit measured from existing grade shall be observed within all
areas within 15 feet of the maximum building envelope limit. To allow for design flexibility,
an encroachment into the street front, street side, and interior side stepback is permitted along
25 percent of the building length.
B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more
than one-half of the required yard or setback, subject to approval by the hearing body of an
Environmental and Design Review Permit, with the recommendation of the Design Review
Board that the decrease minimizes the impact of hillside development and grading. If such a
reduction is granted, a compensating increase in setback is required in the opposing setback, i.e.,
a five foot reduction in a front yard setback would increase the rear yard setback by five feet.
C. Natural State. A minimum area of 25 percent of the lot area plus the percentage figure of
average slope, not to exceed a maximum of 85 percent, 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.
D. Gross Buildine Sauare Footaee, The maximum permitted gross building square footage of all
structures (including garages and accessory structures over 120 square feet) is limited to 2,500
square feet plus ten percent of the lot area with the maximum gross square footage set at 6,500
square feet.
12-1
E. Rideeline Development. Development of new structures within 100 vertical feet of a Visually
Significant Ridgeline, as shown on Community Design Map A of the General Plan, is prohibited
unless this restriction precludes all reasonable economic use of the property. Excevtion: An
exception to the ridgeline regulation may be granted if the decision-making body makes the
findings that:
1. There are no site development alternatives which avoid ridgeline development; and,
2. The density has been reduced to the minimum allowed by the General Plan land use
designation density range; and,
3. No new subdivision lots are created which will result in ridgeline development; and,
4. The proposed development will not have significant adverse visual impacts due to
modifications for height, bulk, design, size, location, siting and landscaping which avoid
or minimize the visual impacts of the development as viewed from all public viewing
areas.
ILLUSTRATION OF RIDGELINE HOME STANDARDS
RIDGELINE
No BUILDING
VnTHIN 100
VERTICAL FEET
F. Parkine Reauirements. On streets less than 26 feet wide, a minimum of two additional on-site
parking spaces shall be provided (not on the driveway apron) per unit. These spaces should be
conveniently placed relative to the dwelling unit which they serve. This requirement may be
waived or reduced by the hearing body when the size or shape of the lot or the need for
excessive grading or tree removal make the requirement infeasible.
G. Lot Standards. Minimum lot sizes and widths for lots created after November 21,1991 are
subject to the slope tables established under chapter 15.34 of the Subdivision Ordinance.
Dien Review Reauirement. An Environmental and Design Review Permit may be required,
consistent with the requirements of Chapter 25 (Environmental and Design Review Permits).
All applications shall be evaluated for conformity with the Hillside Residential Design
Guidelines Manual.
12-2
Chapter 13 Wetland Overlay District (-WO)
Sections:
14.13.010 Specific Purposes
14.13.020 Criteria for Establishment of Wetland Overlay District for Identified and
Unidentified Wetlands
14.13.030 Land Use Regulations (-WO)
14.13.040 Property Development Regulations (-WO)
14.13.050 Application for a Use Permit
14.13.060 Conditions of Approval
14.13.070 Findings
14.13.080 Wetland Restoration and Creation
14.13.090 Wetland Management Plan
14.13.100 Enforcement
14.13.010 Specific Purposes
Wetlands are indispensable and fragile natural resources subject to flooding, erosion, soil -bearing
capacity limitations and other hazards. Destruction of or damage to wetlands threatens public safety
and the general welfare. In addition to the general purposes listed in Section 14.01.030 and the
purposes of the underlying zoning district, the purposes of the Wetlands Overlay District include the
following:
A. To preserve and enhance the remaining wetlands in San Rafael by encouraging their use only for
purposes compatible with their natural functions and environmental benefits.
B. To prohibit in wetlands and discourage at adjacent upland sites those development activities
that may adversely affect wetlands.
C. To design development to avoid or minimize adverse impacts on wetland habitat.
D. To encourage restoration of wetland sites.
E. To prevent loss of life, property damage, and other losses and risks associated with flooding by
providing floodwater passage for stormwater runoff and floodwaters that coincide with high
tides.
F. To protect property values by preventing damage from erosion from storms and high tides.
G. To contribute to improved water quality by preventing or reducing increases in pollution caused
by any means.
H. To protect and enhance wildlife habitat, including that of rare, threatened, and endangered
plant and animal species.
I. To provide sites for education and scientific research.
J. To provide opportunities for recreational activities compatible with wetland habitat.
14.13.020 Criteria for Establishment of Wetland Overlay District for Identified and
Unidentified Wetlands
These regulations shall apply to all lots which have wetlands located within the City of San Rafael.
The Wetland Overlay District on the Zoning Map is placed on those lots which have wetlands which
have been identified. A list of lots with wetlands is available in the Planning Department.
Small wetlands not shown in the Wetland Overlay District are presumed to exist in the city, are
protected under all of the terms and provisions of this Chapter, and shall be rezoned when they are
identified. Submerged and tidelands lots are within the Water District, which requires compliance
with the requirements of the Wetland Overlay District, except that such lots need not be rezoned to the
Wetland Overlay District.
13-1
-IM_
14.13.030 Land Use Regulations (-WO)
P: Permitted by right; C: Conditional Use Permit, Blank: Not allowed.
Type of Land Use WO Additional Use Regulations
Underlying Zoning District Uses C (A), (B), (C), (D)
Open Space/Parks/Recreation
Agriculture, cultivation of crops
C
Open space, private
Uses allowed in public open space
C
(A), (B), (C), (D)
Uses allowed in a private covenant
C
(A), (B), (C), (D)
Open space, public
Animal grazing
P'
• As permitted by the Open Space
Animal husbandry
P'
Management Plan and/or Park Plan
Horse keeping
P•
conforming with the wetland use
Riding stables
P•
regulations. If a plan has not been
Picnic areas
P"
adopted, then use regulations (A),
Trails
P•
(B), (C), and (D) apply with a
Public parks, playgrounds, and recreation facilities
P'
use permit.
Private concessions in public parks
P•
Recreation facilities, private (indoors and outdoors)
C
(A), (B), (C), (D)
Wildlife preserves or sanctuaries
C
(A), (B), (C), (D)
•
Public facilities
Public and utility facilities (pump stations, P"
utility substations, storm drainage, ponds, water tanks,
transmission facilities)
Public improvements (bridges, roads, and levees) P•
Sewage or water treatment facilities, including P•
wastewater ponds and irrigation areas
Schools
Parochial, private C (A), (B), (C), (D)
Public C (A), (B), (C), (D)
(A) In wetlands, the only uses allowed are the construction and maintenance of water -related structures
such as piers, docks, walkways, observation decks and shelters, fences, wildlife management shelters,
stormwater pumps and bridges.
(B) Provided that any and all necessary permits or approvals required by local, State, or Federal law shall
be obtained.
(C) Uses in, or near, wetland areas, shall be controlled or designed to have minimal adverse impact on
wetland habitat.
(D) Recreation /scientific activities in or near wetlands should be low intensity uses, such as bird watching,
fishing, nature photography and study, wildlife observation, and scientific research and education.
13 - 2
14.13.040 Property Development Regulations (-WO)
Development standards shall be those of the underlying zoning district with which a Wetland
Overlay District is combined, provided that the following requirements shall be in addition and shall
govern where conflicts arise.
A. Structures in wetlands. Any structures allowed in wetland areas [see Section 14.13.030(A)] must
minimize adverse impacts on wetlands through construction on pilings to allow unobstructed
flow of water, preserving the natural contour of the wetland and minimizing impairment,
alteration, or loss of wetlands.
Wetland setbacks. The wetland setback shall be measured from the edge of a wetland, as
determined consistent with the procedures in Section 14.13.05(A) (Determination of wetland
boundaries), to any structure. The setback from a creek or drainageway wetland, or from the
San Rafael Canal, shall be established consistent with the provisions of Section 14.16.080
(Creeks and Other Watercourses). For wetlands which are neither creeks nor drainageways,
the wetland setback shall be a minimum of 50 feet. A wetland setback up to 100 feet may be
required on lots larger than two acres in size, as determined through development review.
Exception: An exception to the wetland setback may be granted if the Planning Commission
makes the finding that:
The proposed setback adequately protects the value of the wetland habitat to the
satisfaction of the City after review by the appropriate public wildlife agencies and the
public; or,
The strict application of the setback requirement would substantially interfere with
economically viable use of the property.
C. Buffer areas. Within wetland setback areas, appropriate measures, such as fencing,
landscaping, setbacks for roads and parking lots, and natural habitat areas are required in the
wetland setback to minimize adverse impacts on wetlands and wetland habitat.
D. Landscavm ,. Landscaping which is non-invasive to wetland habitat shall be used in required
wetland setbacks. Additionally, vegetation which enhances wetland habitat values and the
use of native plants indigenous to the area is encouraged.
E. Erosion and sedimentation control. During construction, every precaution shall be taken to
prevent the disruption of adjacent wetlands. The Planning Department shall require best -
management practices to minimize siltation, sedimentation, and erosion, subject to approval by
the Department of Public Works. To ensure that sediment remains on the site and is not
transported into wetlands, erosion and sediment controls shall be left in place until the site is
stabilized with permanent vegetation.
F. tormwpter runoff. Stormwater runoff systems shall be designed to minimize the increase in
volume of stormwater runoff to a wetland from a development over the existing volume of
runoff, as well as ensure that stormwater runoff is substantially free of debris, pollutants and
silt. Stormwater runoff management proposals shall be submitted and are subject to approval
by the Planning Department and the Department of Public Works.
G. Fill. Loss of wetlands due to filling shall be strictly avoided. Any request for a use permit for
fill must demonstrate that the proposed fill cannot be avoided by a reduction in the size, scope,
configuration, or density of the development, or by changing the design of the development in a
way that would avoid or result in fewer adverse effects on the wetland. If fill is unavoidable,
the Planning Commission may approve a use permit for fill, provided that there shall be a
minimum of two acres of wetlands created or restored, on-site or off-site, for every acre of
wetland lost, consistent with the provisions of Section 14.13.080(C) (Required wetland
restoration or creation) and Section 14.13.070 (Findings). Exception: An exception to the fill
regulations may be granted if the Planning Commission makes the finding that:
The strict application of the regulations prohibiting fill would substantially interfere
with economically viable use of the property; or,
2. The wetland is isolated and an acre or less in size, and there is no net loss in quantity or
quality of wetlands.
H. Incentives for wetland creation. To encourage the creation of new wetland areas, an exception to
the property development regulations of the underlying zoning district pertaining to setbacks,
height, landscaping, and usable outdoor area may be granted, consistent with section
14.13.080(A) (Incentives for wetland creation).
13-3
Wetland vegetation. Removal of wetland vegetation or changing of drainage characteristics
by private parties which adversely affects wetlands shall be avoided and requires a Use
Permit (see section 14.13.070, Findings).
14.13.050 Application for a Use Permit
A. Determination of wetland boundaries. The specific boundaries of a wetland shall be
determined by one of the following methods:
1. The U.S. Army Corps of Engineers will, at the request of the applicant, make a
jurisdictional determination delineating wetland boundaries; or,
2. A qualified wetland expert, at the request of the applicant, may identify the wetland
boundary in accordance with the procedures specified in the Federal Manual for Identifying
and Delineating Jurisdictional Wetlands, as most recently adopted. The Corps shall verify
the accuracy of, and may render adjustments to, the boundary delineation. The wetland
boundaries shall be those with which the Corps concurs. Corps concurrence shall occur prior
to issuance of a building and/or grading permit. Should there be an adjustment by the Corps
to a wetland boundary which affects wetland setbacks or a use permit for fill, a use permit
amendment shall be required, consistent with Chapter 22 (Use Permits).
3. For development where no fill of wetlands is proposed, a qualified wetland expert, at the
expense of the applicant, may identify the wetland boundary in accordance with the
procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, as most recently adopted. In lieu of Corps verification of the delineation, the
applicant may pay the City for the hiring of an independent, qualified wetlands biologist
to verify and, if necessary, modify the wetland boundaries.
B. Aeencv/or anization consultations. The applicant for a use permit is strongly encouraged to
consult with the U.S. Army Corps of Engineers, as well as the U.S. Environmental Protection
Agency, U.S. Fish and Wildlife Service, California Department of Fish and Game, California
Coastal Conservancy, California State Lands Commission, San Francisco Bay Conservation and
Development Commission, San Francisco Bay Regional Water Quality Control Board, Marin -
Sonoma Mosquito Abatement District, and any other appropriate agencies or organizations
early in the planning process. The application for a use permit should include a record of the
persons consulted in each of the appropriate agencies or organizations.
C. Reouired information. In addition to the above requirements, the following information shall
be submitted by an applicant for a use permit in the Wetland Overlay District.
1. Project description with an assessment of impacts of the proposed use and development on
wetlands and associated wildlife, including adjacent wetlands and adjacent uplands. For
development which proposes a wetland setback less than 100 feet on a lot larger than two
acres in size, and/or a setback from a drainageway, include a description of how the
proposed setback adequately protects the value of the wetland habitat. For development
which proposes fill in a wetland, include the following:
a . An explanation of why the proposed development cannot be accomplished by a
reduction in the size, scope, configuration, or density of a development.
b. A biological assessment of the current habitat values of any wetlands proposed to be
lost including local and regional habitat values.
c. Identify mitigation site(s) and how it would be permanently protected.
2. Proiect Duroose, stating the general function and objectives of the development, and showing
that, if achieved, the proposed avoidance or mitigation measures would result in no net loss
of wetlands.
3. Wetland man drawn to scale, delineating the extent of the wetland(s) on the site;
indicating the jurisdictional boundaries of the Corps and other public agencies; mapping
soil and vegetation types according to the classification system outlined in the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands as most recently adopted;
and, showing water sources with a general characterization of the wildlife habitat.
4. Site plan showing the location and dimensions of all existing and proposed structures,
roads, and other installations within 200 feet of the wetland boundaries, both on-site and
off-site; and the relationship of the proposed activity and any potentially affected
wetland to the entire site owned by the applicant.
13-4
5. Gradine and drainaee elan showing elevations of the site and adjacent lands within a
minimum of 200 feet of the wetland boundaries, both on-site and off-site, at one -foot contour
intervals; water sources; the location and specifications for all proposed filling, grading,
and vegetation removal, including the amounts and methods; and, drainage patterns.
Demonstrate acceptable erosion and sedimentation control, appropriate stormwater runoff
management, and adequate wildlife habitat protection during the construction period.
6. Construction schedul: of the proposed construction sequence, showing when each stage of the
development will be completed, including the total area of soil surface to be disturbed
during each stage and estimated starting and completion dates. In no case shall the existing
natural vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to
initiation of the construction activities.
D. Modifications to list of required information. The Planning Director may, prior to
determination of completeness date, waive the submission of listed information, or may require
additional information when necessary to verify compliance with the provisions of this
Chapter, or to evaluate the proposed use.
14.13.060 Conditions of Approval
In approving a use permit, the Planning Commission may impose reasonable conditions. If a use
adversely affects existing wetlands, such as altering hydrological conditions, the use permit
application may be denied, or mitigation measures may be required. Where fill is proposed, wetland
restoration or creation shall be required, accordant with section 14.13.080(C) (Required Wetland
Restoration or Creation). Where applicable, and as a condition of approval prior to issuance of a
building permit, the following may be required by the Planning Department:
A. Verification of Corps concurrence with the applicant's determination of wetland boundaries;
and/or,
B. A Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of
Engineers; and/or,
C. A letter from the California State Department of Fish and Game stating compliance with its
Wetlands Policy; and/or,
D. A Certificate of Conformance With Water Quality Standards issued by the State Water
Resources Control Board; and/or,
E. A permit from the Bay Conservation and Development Commission.
14.13.070 Findings
A. Uses within a wetland. The Planning Commission may approve an application for a use permit
for a proposed use within a wetland as allowed in Section 14.13.030 (land Use Regulations), if
it is found that the proposed use is consistent with the purposes of Section 14.13.010 (Specific
Purposes) and that the proposed use:
1. Is a water -related structure as identified in section 14.13.030 (Land Use Regulations); and,
2. Minimizes impairment to the wetland's functional characteristics, existing contour, and
wildlife habitat; and,
3. Complies with all wetland regulations contained herein; and,
4. Cannot be accomplished by a reduction in the size, scope, configuration, or density of the
development as proposed, or by changing the design of the development in a way that
would avoid or result in fewer adverse effects on the wetland.
B. Uses outside of a wetland. The Planning Commission may approve an application for a use
permit for a proposed use outside a wetland as allowed in section 14.13.030 (Land Use
Regulations), if it is found that the proposed use is consistent with the purposes of the base
district, and:
1. Minimizes impairment to the adjacent wetland's functional characteristics and wildlife
habitat; and,
2. Complies with all wetland regulations contained herein.
13-5
14.13.080 Wetland Restoration and Creation
A. Incentives for wetland creation. Where a property owner proposes to expand an existing on-site
wetland, and where no fill in an existing wetland is proposed, the Planning Commission may
grant an exception to the property development standards of the underlying base district. An
exception shall not be granted for wetlands created as a condition of approval for fill in a
wetland, and is limited to the following site development regulations:
1. Setbacks. The minimum setbacks from the lot lines of the underlying zoning district may be
decreased where the proposed setback is in character with the surrounding development,
and where such decrease will not unreasonably affect abutting sites nor reduce wetland
setbacks.
2. Height. The maximum allowed building height for a residential structure may be
increased to no greater than 36 feet where scenic views or solar access on surrounding
properties are not affected, and where the proposed height is in character with the
surrounding development.
3. Landscaoine. Wetlands may be included as fulfilling part of the landscaping requirements,
except that the requirement for parking lot landscaping shall be met.
4. Usable outdoor area. Wetlands may be included as fulfilling part of the usable outdoor
area requirements of this Title where the building and landscape design is such that the
residents of the building may participate in passive outdoor recreational activities such as
bird watching, fishing, and nature photography.
B. The Planning Commission may approve an exception to the property development standards of
the underlying base district, if it finds that:
1. The proposed development is consistent with the intent of the provisions of the underlying
zoning district development regulations and with other applicable provisions of this Title;
2. The proposed development adequately protects the value of the wetland habitat; and,
3. There is a net gain in wetland quality and no fill in or damage to existing wetlands on the
site.
C. Reouired wetland restoration or creation. The purpose of this section is to prevent a loss of
wetlands by ensuring new wetlands when fill is proposed. Wetland restoration or creation
shall be required for fill in a wetland, per section 14.13.040(G) (Fill). Wetland restoration or
creation shall meet the following minimum standards and shall occur pursuant to an approved
Wetland Management Plan (Section 14.13.090).
1. On-site wetland restoration or creation. The restoration or creation of wetlands shall be of
at least equal quality and of a similar type to that of the existing wetlands, and on or
adjacent to the site, where possible.
2. Off-site wetland restoration or creation. Where the applicant has demonstrated to the
Planning Commission that restoration or creation on-site or adjacent to the site is infeasible
due to technical constraints, such as lot or wetland size or wetland type, or that a wetland
of a different type or location is strongly justified based on regional needs or the functional
value of the impacted wetland, the Planning Commission may accept or recommend an
alternative proposal for restoration or creation of a wetland off-site.
3. Timine of wetland restoration or creation. Restoration or creation of wetlands should be
completed prior to construction of the development. Where implementation of a
development would adversely affect mitigation efforts, construction activities may be
started prior to restoration or creation of wetlands.
14.13.090 Wetland Management Plan
An applicant for a use permit for fill shall be required to submit a Wetland Management Plan prepared
by a qualified wetlands expert. An applicant for a use permit for a conditional use in a wetland, or as
part of environmental review under the California Environmental Quality Act may be required to
prepare a Wetland Management Plan.
A. Reouired information. A Wetland Management Plan shall include any or all of the following
items as deemed necessary by the Planning Director.
13-6
1. Goals and obiectives, including a description of the functional relationships sought in the
new wetland, such as habitat areas, topography and soil characteristics, water flow
patterns and water levels, and upland buffers.
2. Wetland preservation. restoration. and creation techniques and standards., identifying the
location and size of wetland areas to be preserved, restored, or created, and including:
a. Water -quality parameters, water source, water depths, water -control structures, and
water -level maintenance practices needed to achieve the necessary ambient water
conditions and characteristics;
b. Planting plans (identifying target wildlife species) specifying plant species,
quantities, locations, size, spacing, or density; source of plant materials or seeds; timing,
season, water, and nutrient requirements for planting; and, plant protection measures;
c. Site preparation specifications for, if needed, soil amendments, removal of unsuitable
fill, and for weed control;
d. Wetland protection measures for minimizing impacts during grading and construction,
and for minimizing disturbances to wildlife habitat; and,
e. Mosquito management, demonstrating ecological mosquito control developed in
consultation with the Marin -Sonoma Mosquito Abatement District.
f. For wetland creation, identification of disposal area for any dredged material.
3. Imolementation and monitorine Ulan. providing
a. Specific criteria for evaluating whether or not the goals of the Wetland Management
Plan are being achieved at various stages in the development.
b. Specifications for irrigation as needed, removal of exotic and nuisance vegetation, and
maintenance.
c. Responsibility for monitoring the hydrology, vegetation, and wildlife of the wetland
with a specified monitoring time frame (five years recommended for tidal marshes, and
ten years recommended for other wetlands).
d. Provision for correction of design defects in the Plan and any needed plant replacement.
e. Identification of method(s) used to ensure that the wetland will be protected in
perpetuity.
4. Manaeement oreanization, demonstrating fiscal, administrative, and technical competence
of sufficient standing to successfully execute the overall development.
5. Cost estimate, sufficient to cover the cost of implementing and maintaining the wetland. In
addition, bonds ensuring fulfillment of the development may be required.
B. Aooroval of a Wetland Manaeement Plan. A Wetland Management Plan may be approved,
approved with conditions, or disapproved by the Planning Commission, with the Commission's
decision appealable to the City Council, upon finding that it is consistent with the purposes of
this Chapter.
14.13.100 Enforcement
In the event of illegal fill or similar activity, such as grading, dredging, removal of wetland
vegetation by private parties, or changing of drainage characteristics by private parties which
adversely impacts a wetland, the City Council shall have the power to order wetland restoration and
creation measures for the damaged or destroyed wetland area by the person or agent responsible for the
violation, consistent with the fill regulations in Section 14.13.040(G) (Fill). If the responsible person or
agent does not complete such measures within a reasonable time following the order, the City may
undertake to restore the affected wetland to its prior condition and/or create or restore other wetlands
for the purpose of offsetting losses sustained as a result of the violation at the expense of the property
owner and/or the person or agent responsible for the violation. Covered expenses include all wetland
restoration or creation costs as well as administration and enforcement costs. To guide restoration and
creation actions, the Planning Department shall have the power to order the property owner and/or
the person or agent responsible for the violation to develop a plan as described in Section 14.13.090
(Wetland Management Plan).
13-7
Chapter 14 Downtown Review Overlay District (-D)
Sections:
14.14.010
Specific Purposes
14.14.020
Authority
14.14.030
Application
14.14.040
Improvements Subject to Review
14.14.050
Downtown Design Criteria
14.14.060
Processing
14.14.010 Specific Purposes
In addition to the general purposes listed in section 14.01.030 (Purposes), and the purposes of the
underlying zoning district, the specific purposes of the Downtown Review Overlay District include the
following:
A. Protect the unique physical and social characteristics of the Downtown area.
B. Preserve and enhance the historic characteristics of the existing structures.
C. Coordinate individual construction and restoration plans with the public and private
improvements in the downtown area.
D. Maintain and improve the qualities of and relationships between individual buildings and
public improvements.
E. Promote design excellence by encouraging creative renovation and beautification plans.
F. Enhance physical and social qualities of the pedestrian environment.
14.14.020 Authority
The Planning Commission, Zoning Administrator or Planning Director may may approve, conditionally
approve or deny applications for an Environmental and Design Review Permit in the Downtown Review
Overlay District. The authority for determination on major, minor and administrative Environmental
and Design Review Permits in the Downtown Review Overlay District is identified in Section 14.25.020
(Authority).
14.14.030 Application
An application for an Environmental and Design Review Permit in the Downtown Review Overlay
District shall be initiated by submitting to the Planning Department a completed application form,
signed by the property owner or authorized agent, accompanied by the required fee, and information as
required by Section 14.25.030 (Application).
14.14.040 Improvements Subject to Review
Before any structure, sign or visible utility is constructed or externally altered, it shall be approved in
accordance with the Downtown Design Guidelines. Building exterior changes include, but are not
limited to, facade modifications, painting, placement of signs, and construction of landscaped areas,
planters and other outdoor improvements.
14.14.050 Downtown Design Criteria
Development standards shall be those of the underlying zoning district with which the Downtown
Review Overlay District is combined, provided that the following requirements shall be in addition
and shall govern where conflicts arise. The following criteria shall be in addition to the design
criteria of Section 14.25.050 (Review Criteria).
The exterior building changes shall be designed consistent with the following:
A. Individual oroiect desien shall be compatible with adjacent buildings, and shall be considered
in the context of the potential design development of adjacent buildings and of the entire facade
of the city block in which the building is located. On Fourth Street, building designs shall also
be related to Fourth Street improvements by considering the location, color and scale of street
14-1
furniture, landscaping, sidewalks, crosswalks, signs and lighting. Within a single building,
ground floor store fronts shall relate to each other and to the entire building facade. The scale
of the proposed building designs shall be oriented to the pedestrian.
B. Colors and Materials. Colors and materials shall be consistent with Section 14.25.050(F)2
(Materials and Colors). Building colors and materials shall relate to adjacent store fronts and
building facades.
The following discretionary guidelines are intended to assist the designer in understanding City design
policies for development in the Downtown Review Overlay District:
C. Project Design elements and approaches are encouraged to include:
1. Site design which minimizes conflict between automobile and pedestrian circulation;
minimizes parking lots and driveways on streets in the DCC District; and utilizes alleys
and short streets as opportunities for service vehicle access, for open areas such as pocket
parks, and for off-street circulation.
2. Pedestrian -oriented design incorporating such improvements as special sidewalk pavement
treatment; awnings, benches, plazas, fountains, public art, frequent entrances, and/or
offsets; balconies, interior passageways and courtyards, covered walkways, and outdoor
dining or seating areas.
3. Building elevations which provide a minimum of 75 percent clear glass facade on the
ground level on pedestrian -oriented streets as identified on Community Design Map B of the
General Plan, and a minimum of 50 percent clear glass facade on the ground level on other
streets; landscaping for unadorned or blank walls; design treatment of visible building
elevations; a cornice line compatible with adjacent structures; and, glazing and fenestration
to create interest.
4. On Fourth Street, landscape improvements which provide seasonal color, such as plants
and flowering trees.
D. Buildine Renovation. Buildings which possess significant architectural or historical building
characteristics as determined by "San Rafael His Survey" as most
recently adopted should be renovated to restore as many of those characteristics as possible.
Renovation designs for newer buildings should highlight their particular architectural
features, but need not match older architectural designs; however, colors and materials should
be chosen so that the appearance of both old and new buildings is compatible.
E. Colors/Materials. Interesting color schemes are encouraged. In general, brighter colors should
be restricted to awnings, signs and accent trim. Very bright accent colors will be permitted only
if they are considered compatible with colors of the other buildings on the block.
Permanent and temporary automobile- and pedestrian -oriented signs are permitted with a Sign Permit.
The orientation and size of each sign shall be designed consistent with the following:
F. Overly large and/or projecting signs which are primarily located to be viewed by automobile
traffic shall not be permitted on pedestrian -oriented streets as identified in the General Plan.
G. Signs shall be designed as an integral part of the building's architectural design.
H. Window signs shall be consistent with the provisions of section 14.19.0201)(2). (Window Signs).
The following discretionary guidelines are intended to assist the designer in understanding City design
policies for signs in the Downtown Review Overlay District.
1. The color, lighting, lettering, location, styles and graphics of each sign will be reviewed by the
following guidelines:
1. The image of the individual business is to be emphasized over a corporate branch image.
2. Personalized handcrafted signs making use of professional artists and designers are
encouraged.
3. Materials of natural, traditional, or soft texture and color, such as wood, ceramic, bronze
and gold leaf are preferred.
4. Surface brightness, movement or lighting intensity beyond that which is necessary to
attract adjacent automobiles or pedestrians is discouraged.
5. Message simplification, including the use of graphic symbols, is encouraged.
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6. Lettering should be legible, simple, elegant and appropriate to the image of the building.
14.14.060 Processing
A. The application for an Environmental and Design Review Permit in the Downtown Review
Overlay District shall be processed in accordance with the procedural requirements of Chapter
25 (Environmental and Design Review Permits).
B. Any exterior changes made in compliance with the provisions of the Downtown Design
requirements shall be properly maintained in accordance with such approval. Proper
maintenance shall include, but not be limited to, care, painting and/or repair of deteriorating
signs, awnings, landscaping, and other exterior features.
14-3
Al
7
Chapter 15 Canalfront Review Overlay District (-C)
Sections:
15.15.010
Specific Purposes
15.15.020
Authority
15.15.030
Application
15.15.040
Improvements Subject to Review
15.15.050
Canalfront Design Guidelines
15.15.060
Processing
15.15.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030 (Purposes), and the purposes of the
underlying zoning district, the specific purposes of the Canalfront Review Overlay District include the
following:
A. Protect the unique physical and social characteristics of the canalfront area.
B. Enhance the canalfront-orientation of existing structures.
C. Insure canalfront-oriented design in new development.
D. Improve public views and access to the canalfront.
E. Promote design excellence by encouraging creative development project design and the
innovative use of materials and methods and techniques.
15.15.020 Authority
The Planning Commission, Zoning Administrator or Planning Director may approve, conditionally
approve or deny applications for an Environmental and Design Review Permit in the Canalfront
Review Overlay District. The authority for determination on major, minor and administrative
Environmental and Design Review Permits in the Canalfront Review Overlay District is identified
Section 14.25.020 (Authority).
15.15.030 Application
An application for an Environmental and Design Review Permit in the Canalfront Review Overlay
District shall be initiated by submitting to the Planning Department a completed application form,
signed by the property owner or authorized agent, accompanied by the required fee, and information as
required by Section 14.25.030 (Application).
15.15.040 Improvements Subject to Review
No improvement subject to review in Section 14.25.040 (Improvements Subject to Review) shall
hereafter be constructed, located, repaired, altered, expanded or thereafter maintained, except in
accordance with a design approved as consistent with the Canalfront Design Review guidelines.
15.15.050 Canalfront Design Criteria
Development standards shall be those of the underlying zoning district with which the Canalfront
Review Overlay District is combined, provided that the following mandatory requirements shall be in
addition and shall govern where conflicts arise. The discretionary guidelines are intended to assist the
designer in understanding City design policies for development in the Canalfront area. The following
criteria shall be in addition to the design criteria of Section 14.25.050 (Review Criteria).
A. Site Design. Design factors which must be considered include the development of the Canal as
an attractive amenity; orientation of the development to the canalfront; pedestrian and bicycle
access and linkages where appropriate; and, canal view protection and enhancement. Setbacks
along the Canal are required to preserve and enhance wildlife habitat, to provide public
access, and/or to provide for levee maintenance.
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B. Architecture. Low -scale buildings that protect public views of the water and which do not
dominate the canal shall be required. High quality waterfront -oriented design as viewed from
the Canal as well as the street is encouraged.
C. Colors/Materials. Colors and materials shall be consistent with Section 14.25.050(F)2
(Materials and Colors).
15.15.060 Processing
The application for a Canalfront Review Overlay District design review permit shall be processed
consistent with the provisions of Chapter 25 (Environmental and Design Review Permits).
15-2
Chapter 16 Site and Use Regulations
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
14.16.070
Conversion or Demolition of Dwelling Units
14.16.080
Creeks and Other Watercourses
14.16.090
Density Bonus
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
14.16.140
Fences
14.16.150
Floor Area Ratios Applicable to Nonresidential Development
14.16.160
Gasoline Stations
14.16.170
Geotechnical Review
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
14.16.250
Motor Vehicle Maintenance and Storage in Residential Districts
14.16.260
Noise Standards
14.16.270
Nonconforming Structures and Uses
14.16.280
Satellite Dishes in Residential Districts
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
14.16.350
Trip Allocations
14.16.010 Specific Purposes and Applicability
Site and use regulations are applicable to sites in all or several districts. The site and use regulations
listed in this Section are intended to ensure that new uses and development will contribute to and be
harmonious with existing development, will reduce hazards to the public resulting from the
inappropriate location, use or design of buildings and other improvements, and will be consistent with
the policies of the General Plan. These regulations shall be applied as specified in the District
Regulations, and as presented in this chapter.
14.16.020 Accessory Structures
An accessory structure shall comply with the following standards:
A. Coverage. Accessory structures shall not exceed a maximum of 30 percent of the required side or
rear yard areas.
B. Height. The height of an accessory structure shall not exceed 15 feet, except as noted in (E)
below.
C. Allev setback. An accessory structure shall be located a minimum of five feet from an alley.
D. Front vard. No accessory structure may be located within a required front yard.
E. Side yard. A maximum of one accessory structure may be located between the principal building
and the side property line, providing that it shall be at least three feet from the main building;
it shall contain a maximum area of eighty square feet; and, it may be built to the side property
line. It shall be screened from view from the front yard or street by a fence and limited to the
height of the screening fence. Accessory structures shall not be located within both side yards.
16-1
An accessory structure shall meet setback requirements for reverse corner lots, section
14.04.030(D).
F. Rear vard. A maximum of two accessory structures may be located to the rear of the main
building, provided they shall be at least six feet from any main building existing or under
construction on the the same lot or any adjoining lot. An accessory structure shall meet setback
requirements for reverse corner lots, section 14.04.030(D).
G. in a nonresidential district accessory structures are permitted when such structures do not alter
the character of the premises, and when constructed concurrent with or subsequent to the
principal structure and in conformity with all applicable requirements of this Title.
14.16.030 Affordable Housing Requirement
Development of ten or more lots or dwelling units shall be required to provide at least ten percent of
their units affordable to moderate income households for at least 40 years. These units should be of a
similar mix and type to that of the development as a whole, and dispersed throughout the
development. Should on-site construction prove impractical, an equal value alternative may be
allowed, as approved by the City Council.
14.16.040 Buildings Over Three Stories
Buildings which were constructed or approved as of January 1, 1987 having more than 3 stories in height
shall be considered conforming. These buildings include but are not limited to the following:
14.16.050 Conservation Areas — Development Potential
Open Space/Conservation Areas identified on the General Plan Land Use Plan Map shall be preserved
through the development review process and have no development potential. Mapped boundaries of
"Conservation Areas" are schematic and may be adjusted to a limited extent during development review.
14.16.060 Conservation of Dwelling Units
A. Legal dwelling units existing or approved as of January 1, 1991, except for those in the Marine,
Marine Commercial, Light Industrial/Office, and Industrial districts, shall be considered
conforming uses. Notwithstanding any Land Use Regulations or Property Development
Standards to the contrary contained in this Title, such dwelling units may be replaced or rebuilt
in their existing location provided that the number of units and building size shall be no greater
than that which existed on January 1, 1991, and the design is similar. An Administrative
Design Permit (Section 14.75.0400 is required for any design changes. Such design changes
should improve the architectural design of the structure or site design of the development.
B. Nonconforming structures are subject to 14.16270(C) (Regulations Pertaining to a Nonconforming
Structure).
16-2
BUILDINGS OVER THREE STORIES
Address
Building
1005 A St. at Fourth St.
Herzog -Rake Building
1010 B St. at Fourth St.
Albert Building
4000 Civic Center Dr.
Fireman's Fund Plaza/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
99 Monticello Road
Kaiser Hospital
899 Northgate
Quail Hill Office Building
1000 Northgate
Emporium
1010 Northgate
Holiday Inn
1050 Northgate
Holiday Office Building
9000 Northgate
Sears
1 Thomdale
Villa Marin Retirement Residences
14.16.050 Conservation Areas — Development Potential
Open Space/Conservation Areas identified on the General Plan Land Use Plan Map shall be preserved
through the development review process and have no development potential. Mapped boundaries of
"Conservation Areas" are schematic and may be adjusted to a limited extent during development review.
14.16.060 Conservation of Dwelling Units
A. Legal dwelling units existing or approved as of January 1, 1991, except for those in the Marine,
Marine Commercial, Light Industrial/Office, and Industrial districts, shall be considered
conforming uses. Notwithstanding any Land Use Regulations or Property Development
Standards to the contrary contained in this Title, such dwelling units may be replaced or rebuilt
in their existing location provided that the number of units and building size shall be no greater
than that which existed on January 1, 1991, and the design is similar. An Administrative
Design Permit (Section 14.75.0400 is required for any design changes. Such design changes
should improve the architectural design of the structure or site design of the development.
B. Nonconforming structures are subject to 14.16270(C) (Regulations Pertaining to a Nonconforming
Structure).
16-2
C. As commercial space, live/work quarters are exempt from this section.
14.16.070 Conversion or Demolition of Dwelling Units
Except for those dwelling units in the Marine, Marine Commercial, Light Industrial /Office, and
Industrial districts, a Use Permit shall be required for the demolition or loss of a residential unit
through conversion of the residential use to a nonresidential use or a substantially different residential
use of any building used since January 1, 1983 for residential purposes. Residential uses subject to this
provision include dwelling units, hotels used principally for long term residential use, and rooming or
boarding houses. The following residential uses are exempt:
1) second dwelling units;
2) illegal units for which demolition or conversion is required for abatement; and,
3) live -aboard boats or houseboats.
The Planning Commission may approve by Use Permit the demolition of an unsafe residential structure
declared by the building official to present an imminent danger, or the demolition or loss of any other
residential unit upon making the following findings:
A. units of the same general type, number and price range are being provided on or off-site and these
new residential units will be constructed within a reasonable time frame as the proposed
development; or,
B. fees for housing replacement have been required consistent with Resolution 7883 or subsequent; and,
C. where tenant displacement occurs, mitigation has been required.
14.16.080 Creeks and other Watercourses
Improvements on a lot which is adjacent to, or contains, a creek, drainageway, or the San Rafael Canal
shall be subject to the following provisions.
A. Setback, creek. Creek setbacks shall be CREEK SETBACKS
determined based on the setback criteria
in section C below. These setbacks should
include a 25 foot or greater setback between07
any structure and the high top of the creek TOP OF CREEK BAN
bank. On lots two or more acres in size, a 25 25 FOOT
SETBACK
to 100 foot setback between any structure and FROM TOP OF
the high top of the creek bank shall be provided. CREEK CREEK BANK
B. &back. drainageway, Adequate setback from a drainageway shall be determined at the time
of project review based on the setback criteria in section C below.
C. Sgtback criteria. Adequate setback between creeks and/or drainageways and a structure shall be
determined based on the following criteria:
1. The setback provides for adequate maintenance, emergency vehicle access, adequate debris
flow avalanche corridors, flood control, and protection from damage due to stream bank
undercutting.
2. The setback adequately protects and preserves native riparian and wildlife habitat.
3. The setback protects major view corridors and provides for recreation opportunities where
appropriate.
4. The setback permits provision of adequate and attractive natural landscaping.
D. Setback. San Rafael Canal. No new building or substantial reconstruction of an existing building
should be located within twenty-five feet of the top of the bank or bulkhead along both sides of
the San Rafael Canal between Highway 101 and the mouth of the Canal. Upon adoption of a
design plan for the San Rafael Canal, the design plan provisions shall control.
E. Develooment euidelines. Pedestrian and bicycle access is encouraged along creek and
drainageway corridors where feasible. However, they should be designed and located so as not
to adversely affect important habitat areas. Creeks and drainageways should also be enhanced
where feasible to serve as wildlife habitat as well as drainage facilities.
16-3
F. Fill. Any proposed fill in a creek, drainageway or in the San Rafael Canal shall be subject to
the requirements of section 14.13.040 (G) (Fill). A Use Permit for fill shall be required consistent
with sections 14.13.050 through 14.13.070.
14.16.090 Density Bonus
A density bonus may be granted for residential and mixed-use developments in the following limited
instances:
A. Affordable Housine. A density bonus may be granted for development in the Medium and High
Density Residential Districts and in the Commercial and Office Districts which allow
residential uses, consistent with State law and with the General Plan.
B . Lincoln Avenue Housinv.. For residential development on Lincoln Avenue on lots greater than 150
feet in width and 20,000 square feet in size, the Planning Commission may grant a 25 percent
density bonus and a 48 foot height limit for development with an exceptional design providing
for a varied front elevation and underground parking.
C. Senior Housing Density bonuses may be granted for senior housing throughout the City,
consistent with State law and with the General Plan. Development must comply with traffic
allocations, parking standards (Chapter 18), and be compatible with the scale of development
in the neighborhood.
14.16.100 Development Agreements
Development agreements shall be governed by Resolution No. 6089, adopted April 20, 1981 by the City
Council, or as it may be subsequently amended, establishing procedures and requirements for the
consideration of development agreements as provided for by State law.
14.16.110 Drive -Through Facilities
Drive-through facilities shall comply with the following standards:
A. Traffic and circulation
1. The drive-through stacking lanes shall be separated physically (i.e., by raised curb or
landscape planter) from the parking lot, and shall comply with the following capacity
standards:
Use
Financial Institutions
Fast Food Restaurants
Kiosks
Other
Leneth of Stacking Lan s .
3-6 cars, depending upon volume
8-12 cars, depending upon volume
2 cars
Determined on an individual basis
Provide 20 feet per car length
2. The drive-through stacking lane shall be situated so that any over -flow parking from the
stacking lane shall not spill out onto public streets or major circulation aisles of any parking
lot. If the overflow is directed to the street, additional overflow capacity shall be 80
percent of required stacking.
3. Pedestrian crossings of the drive-through lane are discouraged.
4. Entrances and exits to drive-through facilities near high volume intersections shall be
located so as to maximize the distances to the intersection.
5. Confusing on-site circulation shall be avoided. Entrances to and exits from drive-through
facilities should be at least 20 feet from the property line.
6. Parking spaces for drive-through special orders may be required.
B. Noise. Speakers at drive-through facilities shall not be audible from adjacent residential uses
or disturbing to adjacent nonresidential uses. Sound attenuation walls or other mitigation
measures shall be required as necessary.
16-4
C. Hours of Operation. Limited hours of operation shall be required where a drive-through
facility could affect nearby residential uses.
D. Emission Control. Drive-through stacking lanes shall not be located adjacent to patios and
other pedestrian use areas, other than walkways, and should be discouraged where adjacent
nonresidential buildings are within 30 feet of the proposed lane. Drive-through stacking lanes
shall not be located within 50 feet of any residential uses.
Dgsien Review. All drive-through facilities are a minor physical improvement subject to the
provisions of Chapter 25 (Environmental and Design Review Permits). Generally, the drive-
through facility shall be architecturally compatible with nearby structures, provide
landscaping to buffer adjacent uses, and provide adequate lighting which is shielded from
adjacent properties. Trash receptacles adequate to control litter will also be required.
14.16.120 Exclusions to the Maximum Height Requirement
Flagpoles, above -ground 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. Structures and architectural
features which are over the height limit may require an Environmental and Design Review Permit,
pursuant to Chapter 25 (Environmental and Design Review Permits).
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
into any required yard. Open uncovered porches, landing places or outside stairways may project no
more than three feet into any required side and/or rear yard, and no more than six feet into any required
front yard.
14.16.140 Fences
This section establishes regulations for the height, location and materials of fences. The regulations
are intended to prevent fences which are a detriment to the appearance and character of the community
and to protect the public health, safety and welfare by assuring adequate sight distance at
intersections and driveways.
A. The following height limitations shall apply to the height of fences and walls:
1. Residential DistrictI. Fences not exceeding four feet in 4 FEET- TOr FOOT OF FENCE MUST 6E BO& OPEN
height may be located within the front or street side 3 FEET— — — — — — - —
yard, provided that at least 80 percent of any portion
of the fence above three feet in height is open and non -view
obscuring. Fences not exceeding eight feet in height may be
located in a side or rear yard.
2. Recreation fencEn: Fences for swimming pools are subject to
the requirements of the Building Code. Fences for tennis courts may not exceed 12 feet.
3. Measurement of Heighh. The height of a fence or vegetation shall be measured from
finished ground level as determined by the building or planning official. Structural and/or
decorative elements may not exceed the height limits.
4. Exception. An exception to the fence height standard may be allowed, subject to the
provisions of Chapter 24 (Exceptions).
B. 50ht distance. Fences or vegetation that reduce visibility and the safe ingress and egress of
vehicles or pedestrians shall not exceed a height of three feet within 15 feet at any
intersection, or within the sight distance triangle of a driveway as determined by the Traffic
Engineer.
C. Permits reouired, Fences over six feet shall be subject to environmental and design review
(Chapter 25). NOTE: A building permit is required for fences over six feet in height.
D. Renlacement of FenW. A nonconforming fence is subject to the following regulations:
1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep
the fence in sound condition.
2. Alterations and additions may be made to a nonconforming fence provided that such
addition or alteration is consistent with the fence provisions.
16-5
3. No nonconforming fence shall be moved unless at its new location it conforms to the fence
provisions.
4. A nonconforming fence may be replaced only if made to conform to the fence provisions.
E. Prohibited Materials. In all districts, consertina wire, razor wire, broken glass on top of a fence,
and electrified fences are prohibited. Barbed wire shall not be permitted where abutting
residential uses. In residential districts, wire mesh, chain link and similar fences are prohibited
within the front and street side yards.
F. Temporary fences. Temporary security fences may be erected around construction sites during the
time a valid building permit is in effect for construction on the premises. Temporary security
fences need not comply with the above regulations and must be immediately removed upon
completion of the construction authorized by the building permit.
14.16.150 Floor Area Ratios Applicable to Nonresidential Development
A. The intensity of development in commercial areas is identified by floor area ratio (FAR). The
FAR is the total building square footage (gross Floor area) divided by the lot area excluding public
streets. Total building square footage excludes parking areas (covered and uncovered), 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 22 (Use Permits).
See Section G (Floor Area Ratio Limits) and Map of "Specific Areas for Floor Area Ratio Limits
and Trip Allocations" for allowable FARs in nonresidential zoning districts. The maximum
allowable FAR is not guaranteed, and shall be determined by the following factors: site
constraints, infrastructure capacity, hazardous conditions, and design policies.
B. Mixed -Use Development.
1. Commercial or Office with Residential. FAR limits apply only to nonresidential
development. The number of units allowed on a lot is based on the minimum lot area required
per dwelling unit. For mixed-use development, the land area of a lot is prorated between the
amount of commercial and residential development. For example, Lot "X" in the R/O District
(FAR is 032 and density is 1,000 square feet of lot area per dwelling unit) with a lot area of
10,000 square feet could develop with either of the following mixed-use options, or any
equivalent combination:
Lot "X"
Commercial Sq. FtJNo. of Units
FAR/Density
Option A
FAR: 0.32
1,600 sq. ft commercial
(5,000 sq. ft. of lot area x.32 FAR
= 1,600 sq. ft.)
and
Lot Area/Dwelling
5units
Unit: 1,000 sq. ft.
(5,000 sq. ft. of lot area/ 1,000 sq.
ft. = 5 units)
Commercial Sq. FtJNo. of Units
Option B
640 sq. fL commercial
(640 sq. ft. x 32 FAR = 2,000 sq. ft.
of lot area)
and
8 units
(8 units x 1,000 sq. ft. = 8,000 sq. ft.
of lot area)
2. Industrial /Office. In East San Rafael and Francisco Blvd. West, to equalize traffic
generation, a sliding scale of 0.26 - 038 FAR is applied to construction of new
industrial/office structures. For example, the Industrial 0.38 FAR allows up to 25 percent
office use, a higher percentage of office use requires a lower FAR, consistent with the General
Plan appendices.
C. Public and Ouasi-Public Use FAR._ Public and quasi -public structures have a 1.0 FAR Except for
public and quasi -public structures in residential districts where the 1.0 FAR may not be exceeded,
public and quasi -public structures intended for a specific purpose which requires a FAR greater
than 1.0 may be built to a higher FAR if the higher FAR is necessary for health or safety
purposes, subject to the provisions of Chapter 22 (Use Permits).
D. Transoortation Use FAR. Transportation structures as part of a public or quasi -public use have
an FAR of 1.0. Transportation structures as part of a commercial use have an FAR of 0.32.
E. Water District. The FAR for the Water District, consistent with the Parks/Open Space District,
is 0.1. Docks, piers and launching ramps are not included in FAR in the Water District.
F. Commercial and Industrial Redevelopment.. Any commercial or industrial building larger than
the FAR limit may be redeveloped consistent with section 14.16.270C(5) (Regulations Pertaining
to a Nonconforming Structure).
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14.16.160 Gasoline Stations
This section establishes regulations for the location, design, and operation of gasoline 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 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 gasoline 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 months;
3. Remodeled to include any of the following: non -automotive retail sales other than those of
an incidental nature not occupying an area open to the public greater than 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 Anoroval. In approving a Use Permit for a gasoline 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. Findines. The Planning Commission may issue a Use Permit for a gasoline service station if the
following finding can be made: that the proposed gasoline service station will not significantly
adversely affect the public health, safety or welfare in terms of discrimination against
individuals needing refueling assistance and the availability of minor emergency automobile
repair services and public restrooms.
14.16.170 Geotechnical Review
Development applications require geotechnical reports consistent with the Geotechnical Matrix in the
General Plan Appendices to assess such hazards as potential seismic hazards, liquefaction, landsliding,
mudsliding, erosion, sedimentation and settlement, and hazardous soils conditions to determine the
optimum location for structures, to advise of special structural requirements, and to evaluate the
feasibility and desirability of a proposed facility in a specific location.
14.16.180 Hazardous Soils Conditions
New development on lots filled prior to 1974 or on lots which were used for auto service uses, industrial
uses, or other land uses which may have involved hazardous materials shall be evaluated for the
presence of toxic or hazardous materials prior to development approvals. The requirements for review
are set forth in the Geotechnical Review Matrix in the General Plan.
14.16.190 Height Bonus
A. Downtown Housine. A one-story bonus, up to four stories, may be granted by the City Council for
developments in the Downtown Area on lots greater than 20,000 square feet where 25 percent or
more of the units are for low income households, and where the design criteria can be met.
B. Lincoln Avenue Housine Bonus. A 48 foot height limit may be granted for residential
developments on Lincoln Avenue, consistent with Section 14.16.090 (Density Bonus).
14.16.200 Hillside Residential Development Standards
On new residential structures, accessory structures, additions over 500 square feet in size, and any
modification that increases the height of the roofline on such structures which are located on lots with
an average slope greater than 25 percent or which are in the Hillside Resource Residential or Hillside
Residential General Plan land use districts, the standards of Chapter 12 (Hillside Development
Overlay District) apply.
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f
14.16.210 Historic Preservation
Alteration of a structure on a landmark site or in a historic district may be subject to a Certificate of
Appropriateness and review by the Cultural Affairs Commission, consistent with the requirements of
Chapter 2.18 (Historic Preservation) of the Municipal Code.
14.16.220 Home Occupations
A. Purpose. This section establishes standards for home occupation businesses. In general, a home
occupation is an accessory business use in a residence, so located and conducted that the average
neighbor, under normal circumstances, would not be aware of its existence other than for a
nameplate as permitted elsewhere in this section. The standards for home occupations in this
section are intended to insure compatibility with the residential character of the
neighborhood, plus assure that home occupations are clearly secondary or incidental in relation
to the primary residential use.
B. Definition. A home occupation is defined as follows: A home occupation is an accessory use of a
dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons,
all of whom reside within the dwelling unit. The use is dearly incidental and secondary to the
use of the dwelling for residential purposes and does not change the character thereof or
adversely affect the neighboring residences. When a use is a home occupation, it means the
owner, lessee, or other persons who have a legal right to the use of the dwelling unit also have
the vested right to conduct the home occupation without securing special permission to do so.
C. Standards. Home occupations are permitted residential accessory uses in any zoning district
which allows single-family, duplex or multi -family residential uses provided that all of the
following standards are met:
1. Such occupation(s) shall be conducted solely by resident occupants in their residence.
2. No more than twenty-five (25) percent of the gross area of said residence shall be used for
such purpose. An accessory structure shall not be used for home occupation purposes. Use of
a recreational vehicle or garage for a home occupation is prohibited.
3. No use shall require internal or external alterations or involve construction features or the
use of electrical or mechanical equipment that would change the fire rating of the structure
or the fire district in which the structure is located.
4. There shall be no outside storage of any kind related to the home occupation(s).
5. The home occupation(s) shall be operated to allow no more than one client at a time on-site.
Appointments shall be scheduled at reasonable intervals to maintain a low -intensity use
and avoid client waits. The home occupation(s) may increase vehicular traffic flow and
parking by no more than one additional vehicle at a time.
6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than that
usually experienced in an average residential occupancy in the district in question under
normal circumstances wherein no home occupation exists.
7. All home occupations shall be subject to all conditions which are applied in this Title 14
generally, such as off-street parking; and to all other permits required under the City
Code, such as building permits and business licenses.
D. Namenlate Allowed. Up to one nameplate shall be allowed. It may display the name of the
occupant and/or the name of the home occupation (e.g., John Jones - Realtor). It shall not exceed
one (1) square foot in area, shall be non -illuminated, and attached Flat to the main structure or
visible through a window. The limitation to one nameplate applies to all lots, including corner
lots.
E. Examoles of Uses that Freauently Oualifv 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 tutoring, insurance, radio repair, realtor, seamstress/ tailor,
small appliance repair, television repair.
16-11
i
Uses that are Prohibited. The following uses by the nature of the business or operation have a
pronounced tendency once started to rapidly increase beyond the limits permitted for home
occupations and thereby substantially Impair the use and value of a residential area for
residence purposes. Therefore the uses specified below shall not be permitted as home
occupations: auto repair, minor or major; carpentry; dance instruction; dental offices; medical
offices; painting of vehicles, trailers or boats; photo -developing; photo studios; private
schools with organized classes; upholstering; fortune-telling.
14.16.230 Lot Consolidation When Development Occurs
Where a development project is constructed on more than one adjoining lot, the owner or owners of such
lots must merge such lots into a single lot within a reasonable period.
14.16.240 Manufactured Homes
A. Purse. In order to increase the supply of housing and variety of housing types available to the
public, manufactured homes are permitted within all zoning districts which allow single-
family dwellings, consistent with meeting certain standards:
B. Compatibility Standards. A manufactured home may be used for residential purposes in an R
district if the Planning Director determines, prior to issuance of any building permit that the
following standards are met:
1. The lot and structure meet all the property development standards and requirements of the
district.
2. The home is to be used as the principal dwelling unit. (NOTE: a manufactured home may not
be used as a second or additional unit).
3. The home is attached to a permanent foundation system which conforms to State and local
code requirements.
4. The home meets the standards set forth in the National Manufactured Home Construction
and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.).
5. The roof and exterior siding and trim are of materials and treatment compatible with
adjacent residential structures.
6. The roof overhang shall not be less than twelve inches. This requirement may be modified
where eaves of surrounding homes are less than twelve inches.
C. Other Reauirements.
1. A manufactured home is also subject to any design requirements which would be required of a
single-family home on the same lot.
2. A manufactured home in a nonresidential zoning district is subject to section 14.17.130
(Temporary Uses).
14.16.250 Motor Vehicle Maintenance and Storage in Residential Districts
In any residential district a person residing on a lot may service, repair, or restore motor vehicles and
store such vehicles, related equipment and parts, consistent with the following requirements:
A. The vehicle, part or item is owned by a person who resides on the same lot.
B. No more than two vehicles may be worked on at one time.
C. Motor vehicle work shall be permitted only between the hours of 9 A.M. and 10 P.M.
D. Waste oils and other materials shall be disposed of properly and not discharged into the storm
drain or sewer system
E. Motor vehicle work and storage of cars being worked on shall be located within a garage or other
paved parking area, provided that when the vehicle is not being worked on the vehicle and all
parts and equipment shall be screened from off-site view.
F. Emergency motor vehicle work may be performed where otherwise prohibited by this section
provided such activity shall not be conducted more than two consecutive days.
16-12
G. Notwithstanding anything to the contrary herein, no such work shall be permitted which
creates a nuisance as defined in Section 415 of the State Penal Code.
H. A person may store a vehicle(s) which cannot be legally, safely, and mechanically operated
upon a public highway provided that:
1. It is located within a garage or on a paved parking area and the vehicle is screened from off-
site view; and
2. On a single-family or duplex lot, the front yard paved parking area is a one to two car
driveway plus a paved area no greater than 12 feet wide between the driveway and the
nearest side property line. Paved parking areas may also be located in the rear or side
yards; or
3. On a multifamily lot, paved parking areas are designated parking spaces.
14.16.260 Noise Standards
Any new development located in a "conditionally acceptable" or "normally unacceptable" noise exposure
area, based on the Land Use Compatibility Chart standards in the General Plan, shall require an
acoustical analysis. Noise mitigation features shall be incorporated where needed to assure consistency
with General Plan standards. New construction is prohibited in noise exposure areas where the Land
Use Compatibility Chart indicates the noise exposure is "clearly unacceptable"
A. Residential Develooment. The following standards apply to residential development:
1. Acoustical studies shall be required for all new residential development within projected 60
dBA (Ldn) noise contours so that noise mitigation measures can be incorporated into project
designs.
2. Usable outdoor area in low and medium densitv districts shall be 60 dBA (Ldn) or less.
3. In hieh densitv and downtown residential districts, residential interior standards shall be
met, and common common usable outdoor areas shall be designed to minimize noise impacts.
Where possible, a 60 dBA (Ldn) standard shall be applied to usable outdoor areas.
4. interior noise standards for new single-family residential and residential health care
development shall be 40 dBA (Ldn) for bedrooms and 45 dBA (Ldn) for other rooms. New
hotels and motels shall meet a 45 dBA (Ldn) standard. For new multi -family development,
hotels and motels, interior noise standards shall be described by State Administrative Code
standards, Title 25, Part 2.
5. Noise standards shall be applied to multi -family remodelling requiring major
environmental design review permits.
6. Post -construction monitoring and approval by an acoustical engineer shall be required in
residential development near high noise sources to insure that City standards have been
met.
Development Adiacent to Residential Areas. New nonresidential construction adjacent to
residential areas shall not increase noise levels in a residential area by more than 3 dBA (Ldn),
or create noise impacts which would increase noise levels to more than 60 dBA (Ldn) at the
boundary of a residential area, whichever is the more restrictive standard. This standard may
be waived by the Planning Director if, as determined by a noise analysis, there are mitigating
circumstances (such as higher existing noise levels), and no uses would be adversely affected.
C. Development Adiacent to Commercial. Mixed Use. and Industrial Districts. New nonresidential
development shall not increase noise levels in a commercial area by more than 5 dBA (Ldn), or
create noise impacts which would increase noise levels to more than 65 dBA (Ldn) for Office,
Retail, or mixed use districts, or 70 dBA (Ldn) for Industrial Districts, at the property line of the
noise receiving use, whichever is the more restrictive standard. This standard may be waived
by the Planning Director if, as determined by a noise analysis, there are mitigating
circumstances (such as higher existing noise levels), and no uses would be adversely affected.
D. Traffic Noise Mitieation. A 65 dBA (Ldn) level is considered an acceptable upper limit for
existing residences constructed before July 1988. Where exterior levels are 65 dBA (Ldn) or
greater at the face of a residential building, and traffic noise level increases of more than 3 dBA
(Ldn) affecting residential areas will be created by a program or development, reasonable noise
mitigation measures shall be included in the program or development which is creating the
increase.
16-13
14.16.270 Nonconforming Structures and Uses
A. Purpose. Within the districts established by this ordinance or amendments thereto, there exist
structures, uses of land, and characteristics of use which were lawful prior to the adoption of or
amendment to this Title, but which fail, by reason of such adoption or amendment, to conform to
the present requirements of the zoning district. It is the purpose of this ordinance to:
1. Permit nonconforming structures to remain and to allow for their regular maintenance and
repair, under the regulations herein contained.
Limit the number and extent of nonconforming structures by prohibiting their being moved,
altered, or enlarged in a manner that would increase the discrepancy between existing
conditions and the standards prescribed in this Title, and by regulating their restoration
after major damage.
3. Limit the number and extent of nonconforming uses by regulating their enlargement, their re-
establishment after abandonment, and their restoration after major damage of the structures
they occupy.
Continuation of a Nonconformine Structure or Use, The lawful use of a structure or land, in
existence and lawfully operating, although such structure or use does not conform to the
regulations for the district in which it is located, may be continued provided that:
1. such structure or use was legally in existence at the time of the passage of this Title; or,
2. such structure or use was legally in existence at the time of the adoption of any amendment to
this Title, but by such amendment such structure or use is not otherwise permitted; or,
3. such structure or use was legally in existence at the time of annexation to the City, and has
since been in regular and continuous use.
Change of ownership, tenancy, or management of a nonconforming structure use shall not affect
its status as a legal, nonconforming structure or use.
C. Reeulations Pertainine to a Nonconformine Structure
1. Ordinary maintenance and repairs may be made to a nonconforming structure as required to
keep the structure in sound condition.
2. Alterations and additions may be made to a nonconforming structure provided that there
shall be no increase in the discrepancy between existing conditions and the standards for the
district.
3. No nonconforming structure shall be moved unless at its new location it conforms to the
standards for the district.
4. A nonconforming structure damaged or destroyed to the extent of 75 percent or less of the
current market value may be repaired or replaced in its existing location, provided such
restoration is started within a period of one year and is diligently prosecuted to completion.
5. A nonconforming single-family residential structure damaged or destroyed to the extent of
more than 75 percent of the current market value may be repaired or replaced provided a
building permit is obtained for such restoration within a period of one year, the restoration
is diligently prosecuted to completion, and the structure is made to conform to all regulations
of the district in which it is located; or, to the original condition provided that the building
size is no greater than that which existed and the design is similar. An Administrative
Design Permit is required for any design changes. Such design changes should improve the
architectural design of the structure or site design of the development.
All other nonconforming structures damaged or destroyed to the extent of more than 75
percent of the current market value may be repaired or replaced provided a Use Permit is
obtained for such restoration within a period of one year, restoration is diligently prosecuted
to completion, and the structure is made to conform to all regulations of the district in which
it is located; or, to the original condition provided that a Use Permit is issued by the
Planning Commission after finding that:
The parking is consistent with Chapter 18 (Parking Standards), and the design is
compatible with the neighborhood in which it is located.
16-14
W,
b. in the Commercial, Office, mixed-use, or Industrial Districts, no intensification of use is
proposed.
D. Reeulations Pertainine to a Nonconformine Use
1. All Use Permits which were valid at the time this Title went into effect shall be valid and
remain in force and effect for the terms and subject to the conditions contained therein.
2. A nonconforming use shall not be permitted to increase in intensity of operation. An increase
in intensity shall include but not be limited to, extended hours of operation, substantial
remodeling, or an increase in number of seats or service area for bars and restaurants.
3. The nonconforming use of a structure or portion of a structure shall not be expanded into any
other portion of the structure nor changed except to a conforming use. The nonconforming use
of land shall not be expanded or extended in area nor changed except to a conforming use.
Nonconforming uses inherently consumptive of land (e.g., quarries) may be expanded, to the
extent permitted by permits and other regulations in effect at the time of use approval.
4. The nonconforming use of a structure may be changed to a use of the same or more restricted
nature provided that a Use Permit shall first be obtained.
5. If the nonconforming use of a structure ceases for a continuous period of six months, it shall be
considered abandoned and shall thereafter be used only in accordance with the regulations
for the district in which it is located. Abandonment or discontinuance shall include cessation
of a use for any reason, regardless of intent to resume the use.
6. If any structure which is occupied by a nonconforming use is hereafter removed, the
subsequent use of land on which such structure was located and the subsequent location and
use of any structure thereon shall be in conformity with the regulation specified by this Title
for the zoning district in which such land is located.
7. No use which is accessory to a principal nonconforming use shall continue after such
principal use shall cease or terminate.
8. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of
less than 50 percent of the current market value may be restored and the nonconforming use
may be resumed, provided that restoration is started within six months and diligently
pursued to completion.
9. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of
50 percent or more of the current market value may be restored (subject to the limitations of
section (C) above) and the subsequent use of land on which the structure was located shall be
in conformity with the regulations specified by this Title for the zoning district in which
such land is located.
E. Determination of Value. Estimates for the purpose of determining the extent of damage or
partial destruction shall be made by or shall be reviewed and approved by the Planning
Director.
14.16.280 Satellite Dishes in Residential Districts
The intent of these regulations Is to locate satellite dishes where they are least visible from public
rights-of-way in the vicinity, while not burdening adjacent property owners with adverse visual
impacts. The intent is not to impose unreasonable limitations on reception, although the City recognizes
that to ensure aesthetic values, perfect and/or unlimited reception may not be possible. To ensure that
satellite dishes do not have an adverse impact on the public safety and aesthetic values in the City's
residential neighborhoods, installation of these dishes shall meet the following standards.
A. Only one satellite dish is permitted on a lot.
B. Location in any required yard adjacent to a street is prohibited unless the dish is not visible from
the street.
C. The satellite dish shall meet the setback and height requirements for accessory structures,
except that any satellite dish which is higher than eight feet shall meet the setback
requirements for the District.
D. The satellite dish shall be mounted on the ground.
E. The satellite dish shall be screened from view from a public or private street.
16-15
F. The satellite dish shall be finished in a color to blend in with the immediate surroundings.
Requests for modifications from the above standards will be referred to the Planning Commission for
review and determination.
14.16.290 Shoreline Embankments
Rock rip rap, or clean, sized concrete with rock rip rap facing shall be used on the outside face of levees
facing the bay whenever levee improvements are required.
14.16.300 Small Lots
Development of small lots shall be permitted in accordance with all the requirements of the district.
Such development shall be considered conforming with the following additional limits in Residential
Districts: vacant small lots less than 5,000 square feet in size shall be developed with only one unit in
accordance with all the requirements of the district, and no additional units shall be added to
developed small lots less than 5,000 square feet in size. No small lot shall be further reduced in area or
width, except as required for public improvements. Small lots which are contiguously owned are subject
to the merger provisions of the State Subdivision Map Act. This section does not apply to the PD
district.
14.16.310 State Lands Commission Title Claims (Allardt's Canal)
Where development is proposed within Allardt's San Rafael Canal (see map), public trust title claims
shall be resolved consistent with State Law, subject to approval of the State lands Commission.
14.16.320 Swimming Pools and Hot Tubs
No swimming pool shall encroach into any front yard setback. No hot tub shall encroach into any
required front yard setback or be less than five feet away from any property line. No pump or filter
installation shall be less than five feet from any property line. If a pump or filter is located within 15
feet of any bedroom window on an adjacent lot, a three -sided solid enclosure with baffles to screen the
equipment from the bedroom, or equally effective measure(s), shall be provided to reduce noise impact.
14.16.330 Transfer of Density Among Properties
A. Unioue or Soecial Circumstances. Transfer of density among properties shall not be permitted
except in cases where there are unique or special circumstances (such as preservation of wetlands,
or historic buildings identified in the San Rafael Historic Building Inventory) which would
cause severe environmental impacts if the transfer were not allowed.
B. Use Permit Reauired. Transfer of density among properties shall be reviewed by the Planning
Commission through the Use Permit process.
C. Aunlication. Applications for Use Permits for transfer of density among properties shall include
but not be limited to the following information:
1. Affidavits of consent from owners of all donor and receiving properties;
2. A calculation of the floor area ratio and/or density to be transferred;
3. A description of the proposed dedication, easement or covenant.
D. Findings. In order to approve a transfer of density among properties, the following findings
shall be made:
1. All of the findings required for a Use Permit listed in Chapter 22 (Use Permits).
2. There are unique or special circumstances (e.g. significant wetland, or historic building
identified in the Historic Building Overlay District) which exist on the subject property
which would cause severe environmental impacts or degradation of historic value of a
building or property if the transfer were not allowed.
3. Proposed development for the receiving property shall be compatible in scale and design
with surrounding properties.
16-16
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E. Conditions of Aooroval. A Use Permit approving a transfer of density among properties shall
contain as condition(s) of approval the requirement of adequate mechanisms such as a recorded
restrictive covenant which runs with the donor and receiving tracts, or equally effective
mechanisms, to ensure permanent accountability of the density transfer. The mechanism shall
affect all properties involved in the transfer of density.
14.16.340 Transfer of Density On -Site
A. Uniaue or Snecial Circumstances. Density permitted on a portion of a lot may be transferred and
built on another portion of the same lot only in the following unique or special circumstances:
1. To preserve sensitive site resources on a lot in a residential district, provided that there is
adequate infrastructure to serve the development and that the development is consistent
with design policies and with prevailing densities of adjacent development.
2. To secure public recreation facilities on surplus Dominican College land to serve the
Dominican and Montecito neighborhoods.
3. To retain school site public recreation and child care facilities in accordance with priorities
in the General Plan.
4. To achieve development on downtown lots split by Floor Area Ratio designations which is
compatible in scale with surrounding development.
B. Environmental and Design Review Permit Reauired. Transfer of density on-site shall be
reviewed and approved by the Planning Commission through the Environmental and Design
Review Permit process.
14.16.350 Trip Allocations
A. Purpose. Trip allocations maintain Level of Service traffic standards adopted by the City.
Undeveloped and underdeveloped lots of land in the most traffic sensitive areas of the City
(North San Rafael, Northgate and East San Rafael/Francisco Boulevard West as shown in
section 14.16.150) are provided "trip allocations" in the General Plan Appendices. These trip
allocations represent an equitable proportion of P.M. peak hour area trips which would achieve
traffic Level of Service standards. Properties in traffic -sensitive areas are considered fully
developed unless provided trip allocations in the General Plan Appendices.
New development is limited by trip allocations in addition to property development standards.
Trip allocations may limit the development potential of a lot, even in cases where it appears
that additional residential units or nonresidential floor area is allowed based on property
development standards alone. In the Industrial Districts in the Northgate, East San Rafael,
and Francisco Blvd. West areas, office and light industrial /office buildings may contain up to 15
percent incidental employee -serving retail and service uses without modification of trip
allocations.
B. Imolementation Procedures., Proposed land uses must be consistent with and not exceed the trip
allocation specified in the General Plan Appendices. The City Traffic Engineer shall review
traffic analyses for the proposed development against trip allocations specified in the General
Plan. The determination of compliance/non-compliance with the property trip allocation by
the City Traffic Engineer shall be made prior to any decision by the Planning Commission or
City Council on a zoning permit application, and shall be submitted as part of the staff report on
such development for consideration by the decision-making body.
In some cases, development which meet the traffic allocation specified in the General Plan
Appendices may be subject to the Priority Projects Procedure. In this procedure, development
compete for the limited interim circulation capacity available within the adopted Level of
Service standard, until needed circulation improvements can be completed. (For more
information on the Priority Projects Procedure, contact the Planning Department.)
Any unused trips after development approvals shall be placed in a General Trip Reserve, unless
the development approval specifies that unused trips shall remain with the land or
development for the purpose of future intensification.
The Planning Director shall be responsible for maintaining an up-to-date record of trip
allocations based on development approvals and General Plan amendments. The General Plan
Appendices shall be updated periodically to reflect such changes.
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C. Trio Permits Under limited, special circumstances, application for a trip permit may be made
to transfer trips among private properties held in common ownership, or to obtain trips reserved
for high priority uses as specified in the General Plan. For more information on trip transfers or
bonus trip allocations, see Chapter 26 (Trip Permits).
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Chapter 17 Performance Standards
Sections:
14.17.010 Specific Purposes
14.17.020 Animal Keeping
14.17.030 Emergency Shelters for the Homeless
14.17.040 Family Day Care Home, Large
14.17.050 Food Service Establishments, Offices and Financial Institutions in the Downtown Core
Commercial District
14.17.060 Fortunetelling
14.17.070 Game Arcades
14.17.080 Mobilehome Parks
14.17.090 Motor Vehicle Repair Uses (Major or Minor)
14.17.100 Residential Uses in Commercial Districts
14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction With Food Service
Establishments
14.17.120 Second Dwelling Units
14.17.130 Temporary Uses
14.17.010 Specific Purposes
Performance standards provide criteria for issuing administrative use permits and certain other use
permits. (See Chapter 21 for additional information on the administrative use permit process.) The
performance standards listed in this Section are intended to explicitly describe the required location,
configuration, design, amenities and operation of specified uses. The performance standards also
mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area.
The performance standards are consistent with the goals and policies of the General Plan.
14.17.020 Animal Keeping
A. Pulses. Performance standards related to non-commercial animal keeping protect the public
health, safety and general welfare by limiting numbers of animals which may be kept,
maintaining sanitary and humane conditions for animals, and limiting potential nuisance
factors which may result from the keeping of animals.
B. Aoolicability. Performance standards for the non-commercial keeping of animals, including
mammals, birds, reptiles, and bees unless specifically exempted by this ordinance section shall
apply throughout the City of San Rafael. (See list of exemptions below.) An administrative
use permit shall be required for the keeping of animals within the City of San Rafael. The
following animals are exempt from these regulations:
1) Domestic cats
2) Domestic dogs, not including wolf -hybrids
3) Soft -billed birds (mynah, tucan, tucanettes)
4) Birds of the Psittacinae family (parrots, parakeets, love birds)
5) Doves, pigeons, quail, finches, canaries
6) Hamsters, guinea pigs, pet mice, pet rats, pet rabbits
7) Non-native nonpoisonous snakes, chameleons and iguanas
8) Hens, up to four in number on any lot of land
9) Potbellied pigs
C. Standards., The following performance standards shall apply to the keeping of one or more
horse, mare, mule, jenny, donkey, ass, colt, filly, bull, cow, calf, goat, pig or sheep:
1. Minimum area for keeping the animal(s) is more than 10,000 square feet.
2. The closest point of the area where the animal(s) is to be kept is:
a. More than 35 feet distant from any dwelling on the same premises; and
b. More than 70 feet distant from any dwelling unit or any building used as a church or
school.
Bees and other non-exempt animals are subject to individual case review, and may be subject to
the following types of standards:
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3. Requirements for fences or fenced stockade areas.
4. Requirements regarding provision of food and water supply, such as supply locations,
requirement for closed, rodent -proof containers, etc.
5. Requirements to secure or sequester animals in shelters during specified hours of the day or
night to minimize possible noise impacts.
6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal
feces and urine.
7. Requirement that all places and premises where the animal is to be kept shall be open at
all reasonable times and places to the inspection of the Planning Director, the Poundkeeper
and the County Health Officer.
8. Verification of receipt of appropriate California Department of Fish and Game permits.
In approving the application for an administrative permit for the keeping of animals the
Planning Director may impose additional conditions that are deemed necessary to ensure the
permit will be in accordance with the findings required by Section 14.21.080.
D. Findings. In order to grant an administrative permit for the keeping of animals the following
findings shall be made:
1. -Compliance with Anolicable Laws. The keeping of the animal(s) will not violate any
provision of the San Rafael Municipal Code or any other applicable provision of law.
2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an
animal receiving inhumane treatment.
3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties
adversely affecting the enjoyment of such property.
4. Flies. The keeping of the animal(s) will not cause or result in Flies or other insects
adversely affecting the enjoyment of nearby property.
5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the
enjoyment of nearby property.
6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances.
7. Public Health. Sanitation. Safetv, Welfare. The keeping of the animal(s) will not result
in an adverse effect on the health, sanitation, safety or welfare of an occupant of the
premises or other nearby residents.
14.17.030 Emergency Shelters for the Homeless
A. Purpose. Standards for permanent emergency shelters for the homeless ensure that shelters
shall be developed and maintained in a manner which protects the health, safety and general
welfare of nearby residents and businesses, while providing for the needs of a needy segment of
the community. Standards ensure that the establishment of emergency shelters for the
homeless do not adversely impact adjacent lots or the surrounding neighborhood.
These standards may be used as general guidelines for temporary or rotating shelter programs.
However, strict application of the standards for permanent shelters to temporary or rotating
shelter programs will not be made. Temporary or rotating shelter programs are not expected to
provide permanent facilities such as laundry or shower facilities. However, provision of
services is encouraged to the greatest extent possible.
B. ADDlicability. Standards for permanent emergency shelters for the homeless shall apply in
any district in which permanent emergency shelters for the homeless are a conditional use.
Standards for emergency shelters for the homeless shall be applied through the use permit
process.
These standards shall also be used as general guidelines in the review of temporary or rotating
shelter programs. Strict application of the standards for permanent emergency shelters is not
feasible in the case of temporary or rotating shelter programs. Temporary or rotating shelters
are not expected to provide all facilities (such as showers or laundry facilities) but are
generally expected to comply with requirements related to program services and rules regarding
shelter operation.
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C. Standards. Performance standards for emergency shelters shall be those as adopted by
Resolution $739 or subsequent.
14.17.040 Family Day Care Home, Large
Purpose. These standards allow large family day care homes for children to locate in
residential neighborhoods. Large family day care homes for children give children a home
environment conducive to safe and healthy development. The standards regulate potential
traffic and noise impacts related to the operation of large family day care homes to ensure that
these uses do not adversely impact the adjacent neighborhood.
ADDlicability. Performance standards for large family day care homes apply in all residential
zoning districts and other districts which permit residential uses. Compliance with
performance standards shall be reviewed through the administrative use permit process.
C. Standards.
1. Fences and Walls. For purposes of noise abatement, a six foot high solid fence shall be
constructed on rear and side yards. Fences may not exceed the fence height limit within the
required front yard. All fences shall provide for safety with controlled points of entry.
Materials, textures and colors and design of the fence or wall shall be compatible with on-
site development and adjacent properties.
2. Outdoor Plav Area. For purposes of controlling noise and maintaining the privacy of
neighbors, any stationary play equipment shall not be located in required side yards.
3. Outdoor Activity. For the purposes of noise abatement, outdoor activities may only be
conducted between the hours of 7:00 A.M. to 9:00 P.M.
4. Parking. On-site parking for large family day care homes shall not be required except for
that required for the residential use. A minimum of two spaces is required in all cases.
5. Passeneer Loadine. A passenger loading plan approved by the City Traffic Engineer shall
be required.
6. Lighting. Passenger loading areas shall be illuminated to the satisfaction of the Police
Department. The lighting shall be directed away from adjacent properties and shall be of
comparable intensity compatible with the neighborhood.
7. State and Other Licensine, All family day care facilities shall be State licensed and shall
be operated according to all applicable State and local regulations.
14.17.050 Food Service Establishments, Offices and Financial Institutions in the Downtown Core
Commercial District
A. Purposes. Concentration limits on new food service establishments, and first floor offices and
financial institutions in the Downtown Core Commercial District (DCC) are intended to
promote retail uses by dispersing new restaurant, office, and financial institution locations
throughout the downtown to avoid clustering of these uses, and by promoting a pedestrian -
oriented retail environment. To encourage retail uses, performance standards limit the total
amount of street frontage devoted to restaurant, office, or financial institution uses on each
block, and restrict such uses from locating on street comers which have potential for retail
frontage on two streets. To foster a pedestrian -oriented streetscape, exterior design of new or
remodeled food service establishments, offices, and financial institutions shall comply with
the design requirements of the Downtown Review Overlay District.
B. ADDlicability. Performance standards for food service establishments shall apply in the
Downtown Core Commercial District (DCC District). Performance standards for new offices,
banks and financial institutions at ground level, street frontage locations shall apply in the
Downtown Core Commercial District (DCC District). The Court House Square office building
located on the block bounded by Fourth Street, "A" Street, Fifth Avenue, and Court Street is
exempt from this Section.
Performance standards for food service establishments in the DCC District shall be
administered through the administrative use permit process for those food service
establishments with incidental serving of beer or wine and without a cocktail lounge, live
entertainment, or dancing. For food service service establishments in the DCC District which
require a Use Permit (i.e., those with a cocktail lounge, live entertainment, or dancing), the
standards shall be administered through the use permit process. (Conditions of approval for
food service establishments subject to use permit approval shall not be limited to the standard
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specified below.) Performance standards for offices and financial institutions shall be
administered through the administrative use permit process.
Existing food service establishments, and street -level offices and financial institutions in the DCC
District as of January 1, 1991 shall be grandfathered -in at their existing locations for the purposes
of these concentration limits. The following concentration limits shall apply to all new proposed
street -level food service establishments, and new offices and financial institutions at street -level
street frontage locations, in the DCC District after this date.
C. Standards.
1. On a single side of a street frontage, food service establishments shall not exceed 40 percent of
the linear street frontage per block. On a single side of a street frontage, offices shall not exceed
10 percent of the linear street frontage per block. On a single side of a street frontage, financial
institutions shall not exceed 30 percent of the linear street frontage per block.
2. In addition to this limit, in no case shall retail and personal service uses constitute less than 50
percent of the linear street frontage per block.
3. New food service establishments, offices, and financial institutions shall not be located on
street corners (except for restaurant locations grandfathered -in and restaurants which include
more than 50 percent retail floor area).
4. Exterior design of new or remodeled food service establishments, offices, or financial
institutions shall maintain a pedestrian -oriented streetscape.
14.17.060 Fortunetelling
A. Pu se. Performance standards for fortunetelling ensure Police Department review and background
investigations of prospective fortunetelling businesses, consistent with Municipal Code Chapter
8.12. Police Department review is required in the interest of public health, safety and welfare due
to potential criminal activities, including theft by fraud, deceit, false pretenses, trick or device
which may be associated with such businesses.
B. Aonlicability. Performance standards for fortunetelling shall apply in any district in which
fortunetelling is a conditional use. Compliance with performance standards shall be reviewed
through the administrative use permit process.
C. Standards,
1. Police Department Permit. Review and approval by the Police Department is required for any
proposed fortunetelling use.
2. Ooeration. The proposed fortunetelling operation shall conform with all of the provisions of
the Municipal Code pertaining to such uses (Municipal Code Sections 8.12.050 through 8.12.060,
inclusive) to the satisfaction of the San Rafael Police Department.
3. Parking. Fortunetelling uses shall provide parking consistent with Chapter 18 (Parking
Standards). Fortunetelling uses shall be considered equivalent to a personal service use for the
purposes of determining parking requirements.
4. 5jZns. Signs for fortunetelling businesses shall conform with Chapter 19 (Signs).
14.17.070 Game Arcades
A. Pu_Mpse. Standards for game arcades with coin-operated amusement devices ensure that such
facilities coexist harmoniously with other uses in the neighborhood in which they are located.
Performance standards for game arcades are intended to prevent the occurrence or increase in the
incidence of loitering, vandalism, pedestrian obstruction, excessive noise, or any other activity that
may have an adverse effect on adjacent or nearby properties, residences or businesses.
B. Aoolicability. Performance standards for game arcades with coin-operated amusement devices
shall apply in any district in which game arcades are a conditional use. Compliance with
performance standards shall be required and reviewed through the use permit process. Initial use
permits shall be granted by the Planning Commission for periods of no more than six months. The
Zoning Administrator may approve time extensions to the initial use permit.
C. Findings. In approving initial use permits and time extensions for game arcades with coin-operated
amusement devices findings must be made that the use will not or has not created or increased the
incidence of loitering, vandalism, pedestrian obstruction, excessive noise, or any
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other activity that may have an adverse effect on adjacent or vicinity properties, residences, or
businesses.
D. Standards
1. Proximitv to SchoQJL Game arcades shall not be located within 300 feet of a public or
private grammar, middle or high school.
2. P ra kine. One vehicular parking space shall be provided for each five win -operated
amusement devices.
3. Bicvcle Parkine. One on-site bicycle parking space shall be provided for each two coin-
operated amusement devices. Bicycle parking shall be in bicycle racks or stands and shall
not obstruct required exits. Bicycle parking may be required inside buildings if no
acceptable outside area exists on-site. Bicycle parking may be waived for "adults only"
establishments.
4. Hours of Operation. Hours of operation shall be established on a case-by-case basis;
however, the maximum closing time that may be granted shall be 11:00 P.M. The Planning
Commission may grant exceptions to this limitation for "adult only" establishments or
when it is demonstrated that the use is clearly ancillary to another use.
5. Initial Use Permit: 6 -Month Review Period., Use permits shall be granted for periods of no
more than six months initially. The Zoning Administrator may approve extensions upon
demonstration of compliance with these standards.
6. Police Deo_ artment Review. Police Department review and approval is required for any
proposed game arcade with coin-operated amusement devices consistent with Municipal
Code Chapter 10.40.
14.17.080 Mobilehome Parks
A. Purpose. These provisions will promote diverse housing opportunities by encouraging the
creation of stable and attractive residential environments within mobilehome parks and
provide for a desirable transition to the surrounding residential areas.
B. Aoolicabilitv. Standards for mobilehome parks apply in any district in which mobilehome
parks are a conditional use, and shall be applied through the use permit process.
C. Standards.
1. Densitv and Development Standards. Mobilehome parks shall conform with all density
and development standards of the General Plan and zoning district in which it is located,
as well as with applicable provisions of the California Health and Safety Code and the
regulations set forth in Title 25, Chapter 5 of the California Administrative Code. The
yard and setback standards of the District shall apply to the perimeter property line of
the lot or lots of record, taken as a whole, on which a mobilehome park is proposed.
2. Mobilehome Lot Identification. Each lot line shall be permanently marked consistent with
the Title 25, Chapter 2 of the Mobilehome Parks Act. Consistent with the requirements of
Title 25, adjustment of a lot line may be permitted after obtaining written authorization of
the occupant(s) of the affected mobilehome lot(s) and upon approval of a Minor
Environmental and Design Review Permit.
3. Setbacks. A manufactured home and all accessory structures shall be located in compliance
with the Mobilehome Parks Act setback and separation requirements.
4. Storage. In order to provide adequate storage for large items, such as boats, campers, and
park maintenance vehicles, a minimum of 100 square feet of screened parking area shall be
provided.
5. Usable Outdoor Area. A usable outdoor area shall be provided consistent with the
requirement of the zoning district in which it is located.
6. Parking. Parking shall be provided as required in Chapter 18 (Parking Standards).
7. Environmental and Desien Review. A mobilehome park is a major physical improvement
subject to Chapter 25 (Environmental and Design Review Permits).
8. Landscavine. Landscaping shall be provided consistent with the requirement of the zoning
district in which it is located.
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9. Lighting. Park lighting shall be provided consistent with the requirements of the
Mobilehome Parks Act.
10. Utilities. All utilities shall be underground.
14.17.090 Motor Vehicle Repair Uses (Major or Minor)
A. Purpose, Standards for motor vehicle repair uses mitigate potential noise, fumes, litter and
parking problems associated with motor vehicle repair facilities. The standards ensure that
motor vehicle repair uses operate harmoniously and are compatible with adjacent and
surrounding uses. In addition to these standards, motor vehicle repair uses must meet
applicable Federal, State and local regulations regarding storage, recycling and disposal of
hazardous wastes.
B. Applicability. Performance standards for major or minor motor vehicle repair uses shall apply
in any district in which a motor vehicle repair use is a conditional use. Performance standards
for motor vehicle repair uses shall be administered through a use permit or an administrative
use permit process as specified in the land use regulations for Commercial Districts (Chapter 5)
and for Industrial Districts (Chapter 6).
C. Standards
1. Spraying. All spraying operations are to be conducted within a spray booth which has been
approved by the City Fire Marshall.
2. Location of Repair Work. All repair work shall take place entirely within the building.
3. Vehicle Storage. All vehicles which are visually damaged, disabled or visually in the
process of repair shall be stored and/or worked upon in a location on-site that is not visible
from off-site. Vehicles not visually damaged, waiting to be repaired, or waiting to be
picked up after repair, shall be stored on-site but may be visible from off-site; or, in lieu of
said on-site parking, alternate parking of appropriate size and within 500 feet may be
substituted provided that at the time a business license in issued or renewed, a lease for
said parking concurrent with the term of the business license is submitted.
Where non -administrative use permits are required, parking lot screening and landscape
standards (Section 14.18.160) shall be used as guidelines in project review.
4. Outside Stora=. There shall be no outside storage of materials or equipment unless
screened from view in a manner approved by the Planning Director.
5. Parking. Parking for motor vehicle repair uses shall be consistent with Chapter 18
(Parking Standards).
6. Waste Disnosal. Waste oils and other materials shall be disposed of properly and not
discharged into the storm drain or sewer system.
14.17.100 Residential Uses in Commercial Districts
A. Purpose. The purpose of this section is to ensure that residential uses in commercial districts are
not adversely impacted by adjacent uses. Residential uses are encouraged in the Downtown area
and in mixed use development to meet local housing needs and because of the environment they
create. However, potential traffic, noise, and safety impacts related to commercial uses may
impact nearby residential uses. The proximity of residential and commercial uses require that
special regulations be imposed in the interest of businesses and the residents of the housing
units.
B. Anolicabilitv. Performance standards for residential uses in commercial districts shall apply
in the DCC, NC, C/O, and R/O Districts. Performance standards shall be applied through an
administrative use permit in the DCC, C/O and R/O districts, or a use permit in the NC
district.
C. Standards
1. Location. In the DCC and C/O districts, residential units may be located above the ground
floor, and on rear portions of the ground Floor provided they maintain viable retail space
along the street frontage. Location of residential units in the NC district shall be
determined through project review.
2. Access. Residential units shall have a separate and secured entrance and exit.
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3. Parking. Residential parking shall comply with Chapter 18 (Parking Standards).
4. Noise. Residential units shall meet the residential noise standards in Section 14.16.260
(Noise Standards).
5. Lighting, All exterior lighting shall be sufficient to establish a sense of well-being to the
pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable
distance. Type and placement of lighting shall be to the satisfaction of the Police
Department. The minimum of one foot candle at ground level shall be provided in all
exterior doorways and vehicle parking areas.
6. Refuse Storaee and Location. An adequate refuse storage area shall be provide for the
residential use.
7. C2.moatibility of Uses. Location of new residential units shall consider existing surrounding
uses in order to minimize impacts from existing uses.
8. Boarding House. A boarding house shall comply with the following requirements:
a. Provision of a management plan to ensure 24-hour on-site management, security, and any
necessary social services.
b. Provision of usable outdoor area consistent with the requirements of the district in which
it is located.
9. Live/Work Quarters. Live/work quarters are subject to the following requirements:
a . Not over 25 percent of each live/work quarters shall be used for residential purposes.
b. The FAR standards for the district shall establish the permitted intensity.
c. The parking requirement shall be based on the number of spaces required for the non-
residential square footage, or as determined by parking study.
d. Residents of live/work quarters are required to acknowledge, as part of their lease
agreement, the commercial nature of the surrounding area.
e. At least one of the residents of a live/work quarters shall be required to have a City
Business License.
f. The site is free of hazardous materials, as determined by the Fire Department.
g. In the DCC District, living space shall be located in the rear ground level or second
Floor so that it does not interrupt commercial frontage.
14.17.110 Seasonal Outdoor Eating Areas Proposed in Conjunction With Food Service
Establishments
A. Pu=se. The purpose of this section is to promote seasonal outdoor seating in conjunction with
food service establishments to enhance the pedestrian ambience of the City. Performance
standards ensure that seasonal outdoor seating for restaurants and cafes does not adversely
impact adjacent properties and surrounding neighborhoods.
B. ADHicability. Performance standards for seasonal 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 seasonal outdoor eating areas shall be reviewed
through an administrative 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 in which it is to be located, the performance
standards shall be incorporated into the required use permit review process.
C. Standards
1. ProDerty Development Standards. The outdoor eating area shall comply with the property
development standards for the zoning district in which it is to be located.
2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally
established restaurant or food service establishment.
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3. Intensification of Uigm. The proposed area for outdoor eating shall not exceed 25 percent of
the indoor seating area.
4. Parking. Parking shall be provided for all permanent seating. Seasonal outdoor seating
requires no additional parking. Seasonal outdoor seating may be utilized from March
through October. Other outdoor seating shall be considered permanent and shall require
additional parking.
5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from
the Planning and Building Inspection Departments shall be required. Perimeter barriers
shall be temporary/movable fixtures.
6. Sun Shades. Retractable awnings and umbrellas may be used in conjunction with an outdoor
eating area, but there shall be no permanent roof or shelter over the sidewalk cafe area.
Any awning shall be adequately secured, and shall comply with the provisions of the
Uniform Building Code.
7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of
movable tables, chairs and umbrellas. Movable plant pots or planter boxes are also
permitted. Lighting fixtures may be permanently affixed onto the exterior of the principal
building, but shall be shielded from adjacent uses.
8. Refuse Storaee Area. No refuse structure enclosure or receptacle shall be erected or placed
on a public sidewalk or right-of-way.
9. Litter. Outdoor eating areas shall remain clear of litter at all times.
10. Hours of Ooeration. The hours of operation of the outdoor eating area may be limited
depending on surrounding uses.
11. Downtown Parkine Assessment District. Outdoor eating areas in the Downtown Parking
Assessment District shall be conducted as part of a legally -established food service
establishment, must comply with standards (1), (9) and (10) above, and require an
Administrative Design Review Permit.
14.17.120 Second Dwelling Units
A. PuEpgse. Standards for second dwelling units ensure that second dwelling units are compatible
with surrounding uses and maintain the residential character of the neighborhood. Second unit
standards also ensure and maintain healthy and safe residential living environments.
Avvlicability. Performance standards for second dwelling units shall apply in the residential
zoning districts. Performance standards shall be administered through the use permit process.
Architectural compatibility standards shall be administered through the design review
permit process.
C. Standards
1. Density. A maximum of one second dwelling unit shall be permitted per single-family
residential lot.
2. Owner Occuoancv. The property owner shall occupy either the main single-family
dwelling or the second dwelling unit throughout the life of the second dwelling unit.
Exceptions to this owner occupancy requirement may only be granted where the property
owner is relocated because of illness or employment. Such exceptions may only be granted by
the City Council with adoption of specific findings as part of the original use permit
approval or subsequent use permit amendment.
3. Building and Housing Code Comoliance. All new second dwelling units must comply with
the Uniform Housing Code and Uniform Building Code. Legalization of existing
unauthorized second dwelling units shall require compliance with the Uniform Housing
Code to ensure unit habitability provided that the property owner must show proof that
the unit was in existence prior to June 6,1983. An inspection must be made by the Building
Inspection Division of the Public Works Department or by an inspection firm approved by
said Building Inspection Division to determine compliance with applicable codes.
Exceptions to code compliance may only be granted by the City Council.
4. Attached/Detached Units. All new second dwelling units must be structurally attached to
the main single-family dwelling. "Structurally attached" means attached to the primary
residence by a common wall, or roof. This includes a common roof no longer than 10 feet over
a breezeway, but does not include trellises. Construction of new detached accessory
17-8
7
structures for second dwelling units is prohibited.
5. ProDerty Development Standards. Second dwelling units must comply with existing zoning
requirements including property development standards for setbacks, lot coverage, building
height and private yard areas except that:
a. Where a second dwelling unit is proposed on a small lot, or in a nonconforming structure,
the proposed second unit shall not increase the spatial nonconformity of the site or the
improvements; and
b. No second dwelling shall be located on a lot less than 5,000 square feet in size.
6. Size Limits. The square footage of a second dwelling unit shall be no greater than 40 percent
of the gross square footage of the main single-family dwelling; except that any second
dwelling unit may be at least 500 square feet even if that exceeds 40 percent of the main
dwelling unit. In no case shall the second dwelling unit exceed 1,000 square feet in size.
7. Parking. Off-street parking shall be required for each second dwelling unit, in addition to
the parking required for the existing single-family dwelling. The existing single-family
dwelling must meet current parking standards with no grandfathered parking rights. One
off-street parking space shall be required for studio and one bedroom second dwelling units.
Two off-street parking spaces shall be provided for second dwelling units with two or more
bedrooms. One parking space for a second dwelling unit may be provided in the front
setback provided that the parking space is located within a paved area adjacent to the
driveway between the driveway and the nearest side lot line.
8. Rental or Lease., A second dwelling unit shall be permitted exclusively for the purpose of
rental, lease, or in kind service. No unit may be sold separately from the main house.
9. Recordation. All use permits granted for second dwelling units shall be recorded with the
County of Marin, prior to issuance of any building permits. The purpose of recording the use
permit is to put future buyers on notice that the second dwelling unit is subject to review by
the City at any time and that owner occupancy is required. The owner is responsible for
recording such notice and providing the Planning Department with a copy within 45 days of
approval. Non -recordation will be grounds for use permit revocation.
10. Architectural Comoatibilitv. The second unit shall be architecturally compatible with
overall neighborhood character. Primary residences containing second units shall be
compatible in scale with nearby residences. Second units are subject to design review
permits.
11. Entrance. The second unit shall have a separate entrance not visible from the street front
area in order to maintain the appearance of a single-family dwelling.
D. Findings. Findings required for issuing use permits (as per Section 14.22.080) shall be made for
permitting second dwelling units. An additional finding must be made to assure compliance
with the criteria required under this section.
17-9
14.17.130 Temporary Uses
A. Purpose. Standards for temporary uses allow the short term placement (generally six months 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 in the R/O district. The following temporary uses are subject to
performance standards:
1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for
periods not exceeding 30 consecutive calendar days.
2. Trailers/mobile homes that provide residences for security personnel associated with any
construction site.
3. Trailers/mobile homes that provide offices for the following temporary uses:
a. Temporary or seasonal businesses such as carnivals or Christmas tree sales.
b. Business offices or sales facilities where construction of a permanent facility is being
diligently completed.
c. Construction offices where construction is being diligently completed.
d. Real estate offices on site of a proposed subdivision until such time as the notice of
completion is filed with the Building Inspection Division.
e. Financial or public utilities that are required to maintain a place of business at a
location at which no permanent structure suitable for the purpose is available.
4. Fairs, festivals, concerts, farmer's markets, swap meets, or other special events when not
held within premises designed to accommodate such events, such as auditoriums, stadiums,
or other public assembly facilities.
5. Similar temporary uses which, in the opinion of the Planning Director, are compatible
with the district and surrounding land uses.
Temporary uses may be subject to additional permits, other City Department approvals,
licenses, and inspections as required by applicable laws or regulations.
C. Exemptions
1. Events which occur in theaters, meeting halls, or other permanent public assembly
facilities.
2. Carnivals, fairs, bazaars, or special events held on school premises or at religious
institutions.
3. Special events less than 72 hours and sponsored by the Downtown Merchant's Association.
4. Events which receive street closure approval from the City Council.
D. Findings
1. The operation of the requested use at the location proposed and within the time period
specified will not jeopardize, endanger, or otherwise constitute a menace to the public
health, safety, or general welfare.
2. The proposed site is adequate in size and shape to accommodate the temporary use without
material detriment to the use and enjoyment of other properties located adjacent to and in
the vicinity of the site.
3. The proposed site is adequately served by streets having sufficient width and
improvements to accommodate the kind and quantity of traffic that the temporary use will
or could reasonably generate.
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4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use
will be available either on-site or at alternate locations acceptable to the Planning
Director.
In approving the application for an administrative permit for a temporary use, the Planning
Director may impose conditions that are deemed necessary to ensure the permit will be in
accordance with the required findings and standards.
E. Standards. The applicant shall provide information to show that the following standards
have been satisfactorily addressed:
1. Temporary Parkine Facilities. Appropriate traffic control measures and adequate
temporary parking facilities, including vehicular ingress and egress, shall be provided to
the satisfaction of the City Traffic Engineer and the Police Department.
2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or
direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases
and heat shall be provided to the satisfaction of the Planning Department.
3. Site Issues. The placement, height and size of temporary buildings, structures and
equipment shall be reviewed by the Planning Department for consistency with base district
regulations and other Zoning Ordinance requirements.
4. Sanitarv/Medical Facilities. Sanitary and medical facilities shall be provided to the
satisfaction of the County Health Department.
5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage, and
removal of garbage, litter or debris from the site to the satisfaction of the Planning
Department.
6. Stens. Any proposed signage for the temporary use shall comply with Chapter 19 (Signs) to
the satisfaction of the Planning Department.
7., Hours of Operation. The use shall be limited in terms of operating hours and days to ensure
compatibility with surrounding uses and neighborhood to the satisfaction of the Planning
Department.
8. Performance Bonds. A performance bond or other security deposit shall be submitted to the
City Finance Department to assure that any temporary facilities are removed from the site
within a reasonable timeframe following the event and that the property is cleaned up and
restored to its former condition.
9. Public Safetv. Security and public safety measures shall be provided, including traffic
control measures if needed, to the satisfaction of the Police Department.
10. Compliance With Other Laws. Approval of the requested temporary permit is contingent
upon compliance with applicable provisions of other laws. Any event which includes the
preparation, sale or serving of food shall comply with Marin County Health Department
standards and permit requirements.
11. Other. Other conditions may be required as needed to ensure the proposed temporary use is
managed and operated in an orderly and efficient manner and in accordance with the intent
and purpose of this Section.
17-11
Chapter 18 Parking Standards
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
14.18.070 Parking Requirements for Multiple Uses
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 Parking 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
14.18.010 Specific Purposes
In addition to the general purposes listed in Section 14.01.030, the specific purposes of parking
regulations are to:
A. Promote the safety and convenience of all land use and circulation systems within the City by
providing standards and policies for the creation and maintenance of vehicular off-street
parking and loading.
B . Promote more efficient street systems by reducing to a minimum the congestion which may be
created by uncontrolled parking.
C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction
for normal parking demands.
D. Promote compatibility among adjacent land uses and enhance the appearance of the City
through appropriate design and aesthetic standards related to parking.
E. Ensure that off-street parking and loading facilities are provided for new land uses and for
major alterations and enlargements of existing uses in proportion to the need for such facilities
created by each use.
F. Establish parking standards for commercial and industrial uses consistent with need and with
the feasibility of providing parking on specific commercial and industrial sites.
G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure
efficiency, protect the public safety, and, where appropriate, insulate surrounding land uses
from adverse impacts.
14.18.020 Applicability
Off-street parking, loading and bicycle facilities shall be provided for any new building constructed
and for any new use established, for any addition or enlargement of an existing building or use, and for
any change in the occupancy of a building or the manner in which the use is conducted that would result
in additional spaces being required, subject to the provisions of this chapter.
Provisions of this chapter shall apply uniformly throughout the City according to specific land usage
and shall be without regard to zoning district classification.
18-1
i
14.18.030 Computation
If, in the application of the requirements of this chapter, a fractional number is obtained, one parking
space or loading berth shall be required for a fraction of one-half (S) or more, and no space or berth
shall be required for a fraction of less than one-half.
14.18.040 Parking Requirements
A. Off-street parking shall be provided in accord with the following chart. Where the specific
use in question is not listed, the Planning Director shall determine if another similar use exists
which may be used to select an appropriate parking standard. In order to make this
determination, the Planning Director may require the submission of survey data from the
applicant or collected by the Planning Department at the applicant's expense.
B. 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 be subject to review by the Planning Director and Traffic Engineer, and
approval by the Planning Commission.
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.
D. In addition to the off-street parking requirements listed below, off-street loading and unloading
shall be provided for certain uses in accord with Section 14.18.050 (Off -Street Loading and
Unloading).
Use Classification
Single-family residential
Single-family residential, hillside
Off -Street Parking Reauired
2 covered spaces per unit
On streets less than 26 feet wide, a minimum of two
additional on-site parking spaces shall be provided
(not on the driveway apron) per unit. These spaces
should be conveniently placed relative to the
dwelling unit which they serve. This requirement
may be waived or reduced by the hearing body when
the size or shape of the lot or the need for excessive
grading or tree removal make the requirement
infeasible.
Studio (duplex unit), 500 sq. ft. or less in size 1 covered space per unit
Studio (duplex unit), more than 500 sq. ft. in 1.5 spaces per unit (including 1 covered space)
size
Studios (multifamily unit)
One -bedroom units
Two or more -bedroom units
Guest parking, multifamily
Mobilehome parks
Senior housing projects
1 covered space per unit
1.5 spaces per unit (including 1 covered space)
2 spaces per unit (including 1 covered space)
1 space per 5 units
2 covered spaces per unit
.75 space per unit, or as specified by use permit
18-2
Use Classification Off -Street Parkine Reautred
Emergency shelters for the homeless,
permanent:
Residential Districts
1 space for each employee on maximum staffed shift
plus 1 space per five beds:
1-5 beds
1 space plus staff parking
6-10 beds
2 spaces plus staff parking
11-15 beds
3 spaces plus staff parking
Commercial and Light Industrial/
1 space for each employee on maximum staffed shift
Office Districts
plus 1 space per 10 beds:
1-10 beds
1 space plus staff parking
11-20 beds
2 spaces plus staff parking
21-30 beds
3 spaces plus staff parking
Emergency shelters for the homeless,
As specified by use permit
temporary or rotating
Emergency shelters serving children and/or
1 space per family based on maximum program
families with children
capacity plus 1 space per employee on the maximum
staffed shift.
Residential care facilities for the non -
handicapped:
Small (0-6 clients) See single-family residential
Large (6-10 clients) 1 space for each five clients plus 1 space for each staff
person, visiting doctor or employee on maximum
staffed shift.
Rooming or boarding houses 1 space for each guest room or as determined by
parking study.
Second dwelling units:
Studio or one -bedroom unit 1 space
Two or mon: bedroom unit 2 spaces
Visitor Accommodations
Bed and breakfast inns 2 spaces plus 1 space per bedroom
Hotels or motels 1 space per sleeping room plus 1 space for manager
plus 1 space for every 2
employees.
Hotels, convention, or hotels with banquet, Parking in addition to the hotel requirement is
restaurant or meeting facilities etc. required, as determined by a parking study. Parking
requirement as specified in use permit.
Day Care
Family day care home (small) No requirement
Family day care home (large) Minimum 2 spaces. The required parking for the
dwelling unit shall count as the required parking for
family day care.
18-3
Use Classification Off -Street Parking Required
Day care center 1 space per five children. In addition, one of the
following must be provided and approved by the City
Traffic Engineer for safety purposes:
1) a posted "loading zone" for dropping -off and
picking -up children;
2) a loop driveway with an apron for drop-offs and
pick-ups.
Either option must be approved by the City Traffic
Engineer for safety purposes.
Retail sales (non -bulky items) 1 space per 250 gross building sq. ft.
Retail sales (bulky items, such as machinery, 1 space per 400 gross building sq. ft.
furniture, vehicles, etc.)
Shopping centers
Animal care facilities
Food and beverage service establishments,
excluding fast food restaurants
1 space per 250 gross building sq. ft.
1 space per 300 gross building sq. ft.
1 space for each 50 sq. ft. of floor area intended for
public use.
Fast food restaurants 1 space per 100 sq. ft. for 50 percent of the gross
building sq. ft.; and one space per 65 sq. ft. for 50
percent of the gross building sq. ft. or one space per 2.5
interior seats, whichever is greater.
Funeral and internment services
Motor vehicle sales and service:
Coin -op washing
Gasoline stations
With minor repairs such as tune-ups,
brakes, batteries, tires, mufflers)
With mini -market area
Rentals
Repairs, major and/or minor
Sales, new or used vehicles
1 per each 35 sq. ft. of floor area for assembly rooms
plus 1 space for each employee, plus 1 space for each
car owned by such establishment.
1 space at each washing stall and vacuum stall
3 spaces per station, plus
2 spaces per service bay
1 space per 250 sq. ft. of gross retail
1 space per 500 gross sq. ft. of Floor area plus 1 space
per 1,000 sq. ft. of outdoor rental storage area.
1 space per 500 sq. ft. or 3 spaces per service bay (each
service bay may count as one of the parking spaces),
whichever is greater.
1 space per 400 gross building sq. ft. excluding auto
repair area; plus, for repair portions of the building:
1 space per 500 gross building sq. ft., or 3 spaces per
service bay for automobile repair (each service bay
may count as one of the parking spaces), whichever is
greater,
or
1 space per 2,000 sq. ft. open lot area, whichever is
greater.
18-4
Use Classification Off -Street Parking Reguired
Personal service establishments 1 space per 250 gross building sq. ft.
Barber/beauty shop/nail salon 2 spaces per chair or workstation
Dry cleaning establishment 2 spaces plus 1 space for each employee
Laundry (self service) 1 space for each 2 washing machines and/or dry
cleaning machines.
Recreation facilities (indoors)
Bowling alleys
4 spaces for each bowling lane plus additional spaces
for other uses.
Game arcades
1 space for each 5 coin-operated amusement devices.
Health clubs and gymnasiums
1 space per 250 sq. ft. of gross building sq. ft.
Pool halls/billiards
2 spaces for each table or as determined through a
parking study.
Theaters
Parking study required. Parking subject to the
approval of the Planning Director or the hearing
review body for the development.
Offices and related uses
Financial services and institutions
1 space for each 200 sq. ft. gross building sq. ft.
Medical services:
Clinics
1 space per 225 gross building sq. ft.
Hospitals
Parking study required.
Major medical facilities, including
Parking study required.
extended care facilities
Offices, excluding mental health
1 space per 225 gross building sq. ft.
practitioners
Offices, mental health practitioners
1 space per 250 gross building sq. ft.
Administrative, business and professional
1 space per 250 gross building sq. ft.
offices
Industrial
Industrial uses
1 space per 500 gross building sq. ft.
Light industrial/office mixed-use:
Light industrial sq. ft. of building
1 space per 500 gross building sq. ft.
Office sq. ft. of building
1 space per 250 gross building sq. ft.
Mini -storage
Parking study required. Subject to approval by the
Planning Director or hearing review body for the
development.
Public utility facilities
Parking study required. Subject to approval by the
Planning Director or hearing review body for the
development.
Storage, warehousing and distribution
1 space per 500 gross building sq. ft.
18-5
Use Classification
Wholesale and distribution
Marinas
Publid uasi-Public Uses
Libraries, museums and other cultural
facilities
Public service and utility
Religious institutions
Schools (NOTE: the following are guidelines
for public schools)
Parochial, private:
K-8
9-12
Vocational, business trade schools
Performing arts or other
Transportation facilities
Off -Street Parkin Required
1 space per 500 sq. ft. gross building sq. ft.
3 spaces for every 4 boat slips. Plus parking for
support uses in the marina, such as restaurants or
retail uses.
Parking study required. Subject to approval by the
Planning Director or hearing review body for the
development.
Parking study required. Subject to approval by the
Planning Director or hearing review body for the
development.
1 space per 4 seats
3 spaces per classroom or 1 space per 100 sq. ft. of
auditorium space, whichever is greater.
1 space for each 4 students based on maximum school
capacity, or as specified by use permit.
1 space per 150 gross building sq. ft.
1 space per 250 gross building sq. ft.
Bus stations, "park and ride" facilities, public Parking study required. Subject to approval by the
transit stations Planning Director or hearing review body for the
development.
14.18.050 Off -Street Loading and Unloading
The minimum off-street loading and unloading space required for specific uses shall be as follows:
A. Retail and service establishments: one off-street loading and unloading space with minimum
dimensions of 10 feet in width by 35 feet in length, with a 14 foot height clearance.
B. Light industrial or mixed use light industrial /office buildings: one off-street loading and
unloading space for each 20,000 square feet of gross building area. Each loading space shall
have minimum dimensions of 12 feet in width by 65 feet in length, with a 14 foot height
clearance.
C. Each loading area shall have adequate driveways, turning and maneuvering areas for access
and usability, and shall at all times have access to a public street or alley.
D. In the Office and Industrial /Office Districts, loading areas shall not be located in required
front or street side yards.
E. Off-street loading and unloading spaces shall be adequately screened from view from public
right-of-ways to the satisfaction of the Planning Director.
14.18.060 Downtown Parking Assessment District
A. Parkine Assessment District Has Abilitv to Construct Additional Parkine. Where a lot is
located within the Downtown Parking Assessment District, a building or structure may be
constructed and maintained on said lot without provision for, or maintenance of, off-street
18-6
parking facilities, if the parking assessment district has the ability to construct additional
parking facilities in response to the demand created by new construction.
B. Parkine Assessment District Not Able to Construct Additional Parkine, If the parking
assessment district in which the lot is located is not able to construct additional parking
facilities in response to the demand created by new construction, a building not to exceed one
story in height or its equivalent square footage may be constructed on said lot without provision
of off-street parking facilities. Off-street parking facilities shall be installed and maintained
for each story in excess of one story (or its equivalent square footage), provided that any
additional square footage shall meet the off-street parking requirements.
14.18.070 Parking Requirements for Multiple Uses
A. Multiple Uses - Basis for Calculation. Where there is more than one use in a single structure or
on a site, or two or more separate instances of the same use, off-street parking requirements
shall be the sum of the requirements for the various uses. Off-street parking required for one
occupant of a structure shall not be considered as satisfying the required parking facilities for
another occupant of the structure, unless otherwise provided in this chapter.
B. Chanees in Occuvancv in Multi -Tenant Buildines. Master use permits filed in accordance with
Section 14.22.040 (Master Use Permits) for multi -tenant buildings or sites with multiple uses
shall specify the types and allowable amounts of various uses. The total parking provided for
the site shall be consistent with section A above. When occupants of a multi -tenant building or
a multiple -use site change, the approved mix and amount of land use shall be consistent with
the master plan approval to ensure the provision of adequate parking facilities.
14.18.080 Parking Requirements for Reciprocal Uses With Shared Parking Facilities
When two 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 Planning Director
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 each of the independent uses.
14.18.090 Bicycle Parking
A. Avolicability. Bicycle parking shall be required in commercial and office parking lots with 30
or more parking spaces, and for all public/quasi-public uses.
B. Number of Svaces Required.
1. Commercial, office and industrial uses: Three percent of the requirement for automobile
parking spaces.
2. Public/quasi-public uses: As determined by parking study, or as specified by Use Permit.
3. Exempt uses: animal sales and service, motor vehicle sales and services; building
materials and supplies (large -item), catering establishments; funeral and internment
services; temporary uses; recycling facilities; other uses as determined by the Planning
Director.
C. Design.
1. Bike racks shall be provided with each bicycle parking space. The rack shall consist of a
stationary object to which the user can lock the bike.
2. Parking facilities shall support bicycles in a stable position.
3. The facilities shall provide at least an 18 -inch clearance from the centerline of adjacent
bicycles on the left and right, and at least 10 inches to walls or other obstructions.
4. An aisle or other space shall be provided to bicycles to enter and leave the facility. This
aisle shall have a width of at least 5 feet to the front or rear of a standard 6 foot bicycle
parked in a facility.
5. Bicycle parking should be situated at least as conveniently as the most convenient car
parking area. Bicycle and auto parking areas shall be separated by a physical barrier or
sufficient distance to protect parked bicycles from damage by cars.
18-7
6. Bicycle parking facilities should be located in highly visible, well -lit areas to minimize
theft and vandalism.
7. Overhead coverage or rain shelters for bicycle parking facilities are encouraged.
8. The Planning Director (or the Planning Director's designated appointee) shall have the
authority to review the design of all bicycle parking facilities required by this ordinance
with respect to safety, security, and convenience.
14.18.100 Parking Space Dimensions
A. Standard size parking spaces shall be 9 feet by 19 feet in dimension.
B. Compact parking spaces shall be 8 feet by 16 feet in dimension.
14.18.110 Compact Spaces - Allowable Percentage
A. Allowable Percentaee. A maximum 30 percent of the required parking spaces may be compact
spaces for facilities exceeding five spaces.
B. Spaces Labeled. Compact spaces shall be labeled in parking facilities as compact spaces to the
satisfaction of the City Traffic Engineer.
C. Distribution. Compact spaces should be distributed throughout the parking lot to the extent
feasible.
14.18.120 Tandem Parking Prohibition
Tandem parking is prohibited, unless approved under Section 14.18.150 (Alternate Parking Locations for
Uses With Insufficient Parking) or with an Environmental and Design Review Permit under the
Hillside Residential Design Guidelines Manual.
14.18.130 Parking Facility Dimensions and Design
A. Minimum standards. The following shows the minimum dimensions for aisle widths and
parking spaces for parking facilities. Where the configuration and/or layout angle for
proposed parking differs from those shown, the dimensions shall be prorated and adjusted
accordingly, as approved by the City Traffic Engineer.
Aisle widths and parking space dimensions in excess of the minimum standards may be required
on the recommendation from the City Traffic Engineer, City Engineer or Fire Department where
indicated by traffic, grade or site conditions. An exception to the minimum aisle widths may be
granted, subject to section 14.24.020(F) (Parking).
JA
L>0010
>#0000
/ \
B I C 1 B � B I CI B
D D
600 ONE WAY 600 TWO WAY
A B C D DIMENSION A B C D
10'-6" 18'-0" 20'-0" 56'-0" STANDARD 10'-6" 18'-0" 24'-0" 60'-0"
9'-3" 15'-0" 20'-0" N.A. COMPACT 9'-3" 15'-0" 24'-0" N.A.
18-8
JA r
A
B I C I B J L
]1 D BI C I B
D
90° TWO WAY ONE WAY PARALLEL
A B C D DIMENSION A B C D
9'-0" 19'-0" 26'-0" 64'-0" STANDARD 22'-0" 9'-0" 12'-6" 30'-6"
8'-0" 16'-0" 26'-0" N.A. COMPACT 20'-0" 8'-0" 12'-6" N.A.
B. Parkine spaces for the handicapped. All parking facilities shall comply with State
requirements regarding parking for the disabled, as per State Chapter 71 of the Uniform
Building Code, "Site Development Requirements for Handicapped Accessibility."
C Double line strivine. Delineation of parking stalls by double line striping is encouraged, and
may be required by the City Traffic Engineer based on site conditions, such as "high turnover"
utilization or restricted maneuvering space.
D. Tree wells. Tree wells shall have a minimum area of 36 square feet and a minimum width of six
feet, exclusive of curbs. See section 14.18.160 (Parking Lot Screening and Landscaping).
E. Curb overhane. A minimum of two (2) feet shall be allowed for overhang at curblines. Where
overhangs are provided, the minimum stall depth (Dimension "B") may be reduced by two feet.
Wherever "parking overhang" encroaches into sidewalk areas the sidewalks shall be a
minimum of six feet in width. In landscaped areas, ground cover and irrigation systems should
not be placed within the overhang areas.
F. Parkine stall access. Use of a required parking space shall not require more than two vehicle
maneuvers. At the end of a parking facility with four or more parking spaces, an aisle or
driveway providing access to the end parking space shall extend at least two feet beyond the
required width of the parking space in order to provide adequate on-site area for turn -around
purposes.
1
2' Minimum
1
TYPICAL END STALL TREATMENT
14.18.140 Access to Public Right -of -Way
A. Drivewav Widths. The minimum curb cut for driveways at the face of the curb shall have the
following minimum inside depressed width.
1. Servine a residential use:
6 or fewer spaces: 10 feet
7 to 24 spaces: 12 feet (1 -way) or
20 feet (2 -way)
25 or more spaces: 12 feet (1 -way)
24 feet (2 -way)
18-9
{
2. Servine a non-residential use:
6 or fewer spaces: 12 feet
7 to 24 spaces: 12 feet (1 -way) or
20 feet (2 -way)
25 or more spaces: 15 feet (1 -way) or
26 feet (2 -way).
The Zoning Administrator, Planning Commission, or City Council, may, on the basis of a
recommendation from the City Traffic Engineer, City Engineer or Fire Department require
driveways in excess of the above widths where needed by traffic, grade or site conditions.
They may also require driveways to be constructed with full curb returns and handicapped
ramps as opposed to simple curb depression.
B. Sevaration Distance of Driveways Servine the Same Parkine Facility.. Driveways serving the
same parking facility shall be located at least 25 feet apart.
C. Drivewav Grades. Driveway grades shall be subject to review and determination by the City
Engineer. Maximum driveway grade typically allowed is 18 percent.
14.18.150 Alternate Parking Locations for Uses With Insufficient Parking
To reduce existing on -street parking congestion where dwelling units were legally built with fewer than
the currently -required number of parking spaces, additional on-site parking for vehicles belonging to
the residents of such developments shall be permitted as follows.
A, The Zoning Administrator, by Environmental and Design Review Permit may approve, for
single-family or duplex units, the location, including tandem parking, of additional parking
spaces in the front or street side yards, providing that the following findings can be made:
1. Additional on-site parking is not used as the basis for increasing the number of residential
units.
2. Such parking will not create hazards by obstructing views to or from adjoining sidewalks
and streets.
3. Fifty percent of the front and street side yards are landscaped.
B. The Zoning Administrator, by Environmental and Design Review Permit may approve, for
multifamily development, additional on-site parking in patterns or locations that do not meet
current standards, providing that the following findings can be made:
1. Such parking will not create a hazard or nuisance to the neighborhood or adjoining
neighbors.
2. Such parking is likely to be used.
3. Such parking will reduce existing on -street parking congestion.
4. Needed on-site recreation facilities are not adversely affected.
14.18.160 Parking Lot Screening and Landscaping
New parking lots with more than five spaces shall provide landscaping in accordance with the
following standards. The following provisions shall also be used as guidelines for parking lot
improvements on remodel projects.
A. Parking areas visible from the public right -0f --way shall be screened to headlight height
through the use of landscaped earth berms, low walls, fences or hedges in combination with
trees and plantings, or similar means. Fences, walls, and hedges need not be solid.
B. A minimum of one canopy tree for every four parking spaces shall be provided, and distributed
throughout the parking area to provide shade for cars, enhance the visual appearance of
parking lots, and screen views of cars from buildings which overlook parking areas. Clustering
of trees within parking lots may be considered, subject to the approval of the Planning Director
(or the Planning Director's designated appointee) or the appropriate hearing review body. The
requirement for canopy trees in parking lots shall also apply to the top level of parking
structures.
18-10
14.18.170 Lighting
Lights provided to illuminate any parking facility or paved area shall be designed to reflect away
from residential use and motorists. It is the intent to maintain light standards in a low profile design
and to be compatible to the architectural design.
14.18.180 Residential Districts - Garage and Carport Standards
A. Sinele-car earaees. The minimum interior dimensions of single -car garages shall be ten by
twenty feet.
B. Double -car earaees. The minimum interior dimensions of double -car garages shall be twenty
feet by twenty feet.
C. Sinele-car carports. The m:.amum interior dimensions of single -car carports shall be nine by
nineteen feet.
D. Double -car caroorts. The minimum interior dimensions of double -car carports shall be eighteen
by nineteen feet.
14.18.190 Recreational Vehicle Parking In Residential Districts
In any of the following locations, parking of recreational vehicles, camper shells, trailers, boats and
other similar equipment, when parked or stored incidental to the basic residential use of the property
is permitted for loading, unloading and storage purposes providing it does not obstruct the view of
pedestrians and vehicles on the adjacent sidewalk and/or street and does not otherwise constitute a
nuisance.
A. For sinele-familv and duplex residential units. Recreational vehicle parking is permitted:
1. Within the garage, carport or parking space required by the zone in which the use is located; or
2. In the front yard setback when on the driveway to the garage, carport or parking spaces
required by the zone; or
3. In the front yard setback between the existing driveway and the side property line when
the distance between the two is no greater than 12 feet at any point; or
4. In rear yards, interior side yards or other areas not defined as "yards" providing the unit is
partially or fully screened as viewed from off-street by a solid fence that conforms to the
permitted height limits, vegetation, structures or topography.
B. For multifamilv residential units (three or more units whether constructed as apartments.,
townhouses or condominiums)• and mobile home parks. Recreational vehicle parking is
permitted in areas that are designed and constructed for such purposes under permits approved
by the Planning Commission.
14.18.200 Location of Parking and Maneuvering Areas
Parking or maneuvering areas, excluding access driveways, shall be prohibited in all required yard
areas in the Medium and High Density Residential Districts, and all non-residential districts.
18-11
rp
i
LLU51RATION OF PARKING LOT
AND OTHER STANDARDS
C.
Planting areas shall have a minimum area of 3fi square
BUILDING
IT REE
FouRP YYKING
feet and a minimum width of six feet, exclusive of curbs.
HANDICAPPED SPACES
BRACE FOR 5HADE
D.
All planters and sidewalks located adjacent to driveways,
--"
"
loading areas, or parking lots shall be protected along theREGULAR
uFOOT
MINIMUM — —
KErUL)
parking lot side with concrete curbs or wheel stops.
DIMEN51ON
5x19'
�� (ERLIUDING
Alternative treatments may be considered, subject to the
CURDS)
approval of the Planning Director (or the Planning
SoVEOmRAcT
(Bxl6)
Director's designated appointee) or the appropriate hearing
__ _ 15ERMOKOTHER --
review body.
TREATMENTTO
LABS
E.
Permanent, automatic irrigation systems shall be provided
MINIMUM
for all planted areas.
DRNEWAY
f ANDAISLE
moms
F.
Innovative landscape design may be substituted for the
STREET
above standards subject to the approval of the appropriate hearing review body.
14.18.170 Lighting
Lights provided to illuminate any parking facility or paved area shall be designed to reflect away
from residential use and motorists. It is the intent to maintain light standards in a low profile design
and to be compatible to the architectural design.
14.18.180 Residential Districts - Garage and Carport Standards
A. Sinele-car earaees. The minimum interior dimensions of single -car garages shall be ten by
twenty feet.
B. Double -car earaees. The minimum interior dimensions of double -car garages shall be twenty
feet by twenty feet.
C. Sinele-car carports. The m:.amum interior dimensions of single -car carports shall be nine by
nineteen feet.
D. Double -car caroorts. The minimum interior dimensions of double -car carports shall be eighteen
by nineteen feet.
14.18.190 Recreational Vehicle Parking In Residential Districts
In any of the following locations, parking of recreational vehicles, camper shells, trailers, boats and
other similar equipment, when parked or stored incidental to the basic residential use of the property
is permitted for loading, unloading and storage purposes providing it does not obstruct the view of
pedestrians and vehicles on the adjacent sidewalk and/or street and does not otherwise constitute a
nuisance.
A. For sinele-familv and duplex residential units. Recreational vehicle parking is permitted:
1. Within the garage, carport or parking space required by the zone in which the use is located; or
2. In the front yard setback when on the driveway to the garage, carport or parking spaces
required by the zone; or
3. In the front yard setback between the existing driveway and the side property line when
the distance between the two is no greater than 12 feet at any point; or
4. In rear yards, interior side yards or other areas not defined as "yards" providing the unit is
partially or fully screened as viewed from off-street by a solid fence that conforms to the
permitted height limits, vegetation, structures or topography.
B. For multifamilv residential units (three or more units whether constructed as apartments.,
townhouses or condominiums)• and mobile home parks. Recreational vehicle parking is
permitted in areas that are designed and constructed for such purposes under permits approved
by the Planning Commission.
14.18.200 Location of Parking and Maneuvering Areas
Parking or maneuvering areas, excluding access driveways, shall be prohibited in all required yard
areas in the Medium and High Density Residential Districts, and all non-residential districts.
18-11
14.18.210 Commercial Parking in MR and HR Districts
Public or private parking lots for automobiles may be permitted in a Medium or High Density
Residential District adjacent to any non-residential district, providing a Use Permit and Environmental
and Design Review Permit are first obtained in each case.
14.18.220 On -Site and Remote Parking
All off-street parking and loading areas required herein shall be located on the same lot and
readily accessible to the specified use, provided that, if the strict application of this
requirement creates undue hardship and in the opinion of the Planning Director creates
conditions contrary to desirable development practices, but all other areas of intent for this
Chapter are complied with, remote parking areas which satisfy all or part of specific parking
requirements may be approved.
Remote parking areas shall be located within 500 feet of the specified use and shall possess
direct and convenient pedestrian access. Remote areas may serve more than one use, provided
that the gross number of spaces available shall not be less than the combined requirements for
all uses served.
C. Upon Planning Commission approval of any remote 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 Planning 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 this ordinance.
14.18.230 Parking Spaces - In Lieu Payments
Where practical difficulty is involved in meeting the off-street parking requirements for a building
hereafter constructed, the requirement may be met wholly or in part by in -lieu payments where the
owner of the building site offers (in writing) to make, and the City Council agrees to accept, such
payments. When such an offer is made, the Planning Commission shall investigate and report to the
City Council its findings as to the reasons which are alleged to make such substitution necessary. The
City Council may accept or reject the proposal for substitution, and if it finds the substitution necessary,
shall determine the amount of payment to be made. The payment shall equal the fair market value of
the land which would otherwise have been devoted to off-street parking, plus the cost of paving and
other improvements as determined by the City Engineer. All monies collected shall be used for the
purchase and improvement of off-street parking facilities. Each of such facilities shall be so located as
to serve primarily the general area and class of zoning district from which the respective in -lieu
payments are derived.
14.18.240 Grandfathered Parking
A. No use of land lawfully existing on the effective date of this ordinance shall be considered
nonconforming solely because of the lack of off-street parking, loading or bicycle facilities
prescribed in this chapter.
B . For additions or enlargements of any existing building or use, or any change of occupancy or
manner of operation that would increase the number of parking, loading or bicycle spaces
required, additional parking shall be required for such addition, enlargement, or change.
Where parking for an existing use is substandard, improvements to improve or upgrade the
parking may also be required where feasible.
C. A nonconforming structure which has been damaged or destroyed more than 75 percent and
which is rebuilt to its original condition must provide parking equivalent to prior existing
parking. Where parking was substandard, improvements to improve or upgrade the parking
may also be required where feasible.
D. Determination of the amount of parking improvements required to upgrade or improve existing
substandard parking conditions shall be made by the Planning Director or the appropriate
hearing review body. Such determination shall consider the size of the proposed addition in
relation to the existing development, off-site parking conditions, and site constraints.
18-12
14.18.250 Permanence of Off -Street Parking
Once any off-street parking or loading space has been provided, which wholly or partially meets the
requirements of this title, such off-street parking or loading space shall not thereafter be reduced,
eliminated or made unusable in any manner which renders the on-site parking inadequate for the
building and/or uses in existence on or created after the adoption of this ordinance. Covered parking
shall not be converted to uncovered parking.
Accessory off-street parking or loading facilities which are located on the same lot as the building or
use served, and which were in existence on the effective date of this Title, or were provided voluntarily
after such effective date, shall not hereafter be reduced below, or if already less than, shall not further
be reduced below the requirements of this title for a similar building or use.
18-13
�J
Chapter 19 Signs
Sections:
14.19.010
Specific Purposes
14.19.020
What is Permitted
14.19.030
What is Prohibited
14.19.040
What is Exempt (Repealed, see Section 14.19.020F)
14.19.050
Permit Procedure
14.19.060
Adjustments
14.19.070
Variance
14.19.080
Correction of Nonconforming Signs
14.19.090
Violations and Enforcement
14.19.100
Definitions
14.19.010 Specific Purposes
The regulation and control of the location, size, type and number of signs permitted shall be governed by
the provisions of this chapter. The purpose of this chapter shall be:
A. To safeguard and enhance property values.
B. To protect the public and private investment in buildings and open spaces.
C. To preserve and improve the visual appearance of the City as a place in which to live and to
work and as an attraction to nonresidents who come to visit or trade.
D. To encourage sound signing practices as an aid to business and for the information of the public.
E. To insure the preservation of freedom of speech.
F. To preserve and promote traffic safety.
C. To promote the public health, safety and general welfare. The amendments contained herein
shall apply to all signs posted on the effective date of this ordinance and all signs posted
thereafter.
14.19.020 What is Permitted
All commercial signs require a sign permit from the Planning Department or the Planning Commission
(see Section 14.19.050) unless specifically exempted. Noncommercial signs shall conform to these
regulations regarding location, number, type, square footage, total signage and all other requirements of
this chapter, unless otherwise specified, but shall not require a permit from the City.
The following table is designed to show in a concise way what signing is permitted for different uses.
(NOTE: Building permits may also be required.) Be sure to refer to sections 14.19.020(C), (D) and (E)
after reading the tables for special limitations not shown on the tables.
19-1
A. Sign Standards by Land Use or Pu T�_ie - By Specific Uses or Purposes
TYPe
ILLUMINATION
LOCATION.
C
I
H
D
A
M
E
N
U
F
N
G
L
R
T
E
T R
E P
N
I
D A
I C E
E R
A
F
I B B
P O F E I
S O
M
I
R L U
L M L X N
T M J
E
C
E E S
E P E T T
W A A E
P
A
C I
O C E E
I N R C
L
T
T C N
C S N T R R W
N D Q T
A
I
O O E
O I O I N N A
D I U I
T
O
R P S
P T N V A A L
O N E N SIZE LIMITATIONS AND
USE OR PURPOSE
E
N
Y Y S
Y E E E L L L
W G E G SPECIAL CONDITONS
Address
• Street number and/or name not
exceeding one sq. ft. in area per sign
for single family or duplex and four
(4) sq. ft. per sign for all other uses.
NO SIGN PERMIT REQUIRED.
New business -
Temporary
•
• No stated limitations except those
Grand Opening
(2' daps)
incuded in 14.19.030A,D,E,F,H,I,J,
K,L,M,N,P of this Chapter. One
time, only, for maximum of twenty-
one (21) consecutive days
provided beginning and ending
dates are filed with the Planning
Department prior thereto.
Apartment buildings
•
Nameplates not exceeding a total
or residential
of 20 sq. ft. in area and two in
projects of 3 or
number may be placed on the wall
more units
or freestanding. When freestand-
ing, the maximum height shall not
exceed 10 ft In addition to the
above one, rental and vacancy
information sign up to a maximum
of 6 N. ft. is permitted on the wall.
Auto (new car
(a) Freeway -oriented auto dealer -
sales)
ship. Lot frontage 250 or more
linear feet; minimum setback of
building 35 ft
1. Two (2) freestanding signs.
a. One primary identification sign:
Max. area - 72 sq. ft.
Max. height - 21 sq. ft
b. One (1) secondary sign:
Max. area - 36 sq. ft.
Max. height -14 ft
(sq. ft. not transferable or
combinable.)
2. One (1) wall sign or mansard roof
sign. (Max. allowable signage
is 200 sq. ft.)
(b) For freeway -oriented sites of
249 or fewer linear ft or for non -
freeway -oriented sites sign
standards shall be as set forth in
Sections 14.19.020 C,D,E.
fi JW
A. Sign Standards by Land Use or Purpor
By Specific Uses or Purposes
TYPE
'ILLUMINATION LOCATIONS
C.
. . . . . . . . .
I
H
D
A
M
E
N
U F
N
C
L R
T
E
T R E
P
N I
D A
I C E E
R
A F
I B
B P O F E I S
O
M I
R L
U L M L X N T M
J
E C
E E
S E P E T T W A A
E
P A
C
1 O C E E I N R
C
L T
T C
N C S N T R R W N D Q
T
A 1
O O
E O 1 O 1 N N A D I U
1
T O
R P
S P T N V A A L O N E
N SIZE LIMITATIONS AND
USE OR PURPOSE
E N
Y Y
S Y E E E L L L W G E
C SPECIAL CONDITONS
Auto (new car sales)
• •
Window signs at auto sales agen-
des in excess of twenty-five
(25) percent of window area:
Once per year for a period not to
exceed twenty-one (21) conse-
cutive days, providing the begin-
ning and ending dates are filed
with the Planning Dept prior
thereto. Signs may be placed
on the inside or painted upon
the inside or outside of up to
100 percent of window area.
Auto (used car sales)
See Sections 14.19.020B, C.
Auto sales - signs
• • • •
Limited to one (1) window per car
on vehicle, camper,
and not exceeding two (2) sq. ft in
travel trailer,
area per car. Signs located on the
mobile home sales
outside of the window either must
not in a building
be painted on the window or made of
weather resistent material.
Banners
Prohibited (except to announce
"New Busines"rand Opening")
Cemetery
• • • •
Freestanding at entrances, not
exceeding a height of five (5) feet
and twelve (12) sq. ft. in area, one
(1) in number per entrance.
Christmas Tree Lots
See "Seasonal Sales".
Churches
Not exceeding twelve (12) sq. ft per
directory sign nor twenty (20) sq.
ft. in total area for all signs. Free-
standing signs additionally limited
to ten (10) feet in height and twelve
(12) sq. ft in area and requirements
set forth in Section 14.19.020D
"Specific Standards Freestanding
Signs".
Clocks (on private
When clock face contains adver-
property)
tising, entire clock face is measured
as a sign and counted in lieu of
signing otherwise permitted.
Clubs for physical
Not to exceed twenty (20) sq. ft in
recreation - golf,
total area, and two (2) in number.
tennis, swimming,
yacht, etc.
Construction site • • • •
19-3
• Not exceeding thirty-six (36) sq. ft in
area and one (1) in number. Limited to
period of actual construction. Where there
is more than one contractor, all signs shall
be on one panel.
A. Sign Standards by Land Use or Purpa "Py Specific Uses or Purposes
TYPE ILLUMINATION
LOCATIONS
C
I H
D A M
E N U
F
N G L
R
T E T R
E P
N I D A I C E
E R
A F I B B P O F E I
S O
M I R L U L M L X N
T M J
E C E E S E P E T T
W A A E
P A C I O C E E
I N R C
L T T C N C S N T R R W
N D Q T
A I O O E O I O 1 N N A
D I U I
T O R P S P T N V A A L
O N E N SIZE LIMITATIONS AND
USE OR PURPOSE
E N Y Y S Y E E E L L L
W G E C SPECIAL CONDITONS
Credit cards
• • •
• Permanent signs not exeeding one -
accepted; trading
half (1/2) sq. ft. per sign up to a
stamps given, asso-
maximum of six (6) in number and
dation memberships
three (3) sq. ft in total area. NO
SIGN PERMIT REQUIRED.
Day care facility
•
• Not exceeding twelve (12) sq. ft.
in area and one (1) in number.
Family care facility
• • •
Not exceeding two (2) sq. ft. in area
and one (l) in number.
Hags
Prohibited (except as listed under
14.19.02F).
Croup care facility
Not exceeding six (6) sq. ft. In area
and one (1) in number.
Home occupation
• •
• Not exceeding one (1) sq. ft. in area
and one (1) in number.
Lodges, fraternal
• • •
Not exceeding twelve (12) sq. ft. In
organizations,
total area or two (2) in number.
social halls,
Internal Illumination not permitted
union halls
in residential zones.
Major medical
• •
• • Not exeeding two (2) sq. ft. per one
facility
thousand (1,000) sq. ft. of gross
floor area to a maxium of one
hundred (100) sq. ft. in total area.
Motion picture
• • • . . .
. . Not exceeding one (1) sq. ft. per front
theaters
ft. of building for identification
and business signs. Under sign
review addtional sq. footage in
specified areas may be permitted
for changeable copy signs.
Non -Commercial
• • •
• • Not exceeding the total signage
Signs
allotted per lot under this
chapter.
Office, professional
•
Not exceeding four (4) sq. ft. in
(Maximum two (2)
total area and two (2) in number.
professionals in
building)
Office buildings
•
Nameplates not exceeding a total of
twenty sq. ft. in area and two (2) in
number may be placed on the office
building wall or freestanding. As
an alternative, there may be one
or two directory signs containing
three (3) sq. ft. in area for each
office in the building up to a
maxium total (one sign, or as a
combined total when two signs)
of thirty-six (36) sq. ft.
19-4
A. Sign Standards by Land Use or Purp
�- By Specific Uses or Purposes
TYPr.
ILLUMINATION LOCATIONS
C
I H
D A
M
E N
U F
N G
L R
T E
T R E P
N I D A
I C E E R
A F I B
B P O F E I S O
M I R L
U L M L X N T M J
E C E E
S E P E T T W A A E
P A C
I O C E E I N R C
L T T C
N C S N T R R W N D Q T
A I O O
E O I O I N N A D I U I
T O R P
S P T N V A A L O N E N
SIZE LIMITATIONS AND
USE OR PURPOSE
E N Y Y
S Y E E E L L L W G E G
SPECIAL CONDITONS
Public and parochial
Not exceeding twenty (20) sq. ft. in
schools and insti-
total area and two (2) in number.
tutions of a charita-
Temporary
One (1) sign, maxium twenty
table or civic
(20) sq. ft. for 72 hrs. when imme-
nature
diately preceding and related to a
charitable or nonprofit special event.
Real Estate:
For sale or lease
On site or structure not exceeding
temporary
four (4) sq. ft. for single-family
or duplex and 16 sq. ft. for
multiple family, business and
industrial sites, and one (1) in
number per street frontage.
Open House - on
site • •
On site or structure, between hrs.
of 10:00 a.m. and 7:00 p.m. daily
only, not exceeding four (4) sq. ft.
in area per sign and one (1) in
number per site or structure.
Open House -off
site •
Ground mounted between the hrs. of
10:00 a.m. and 7:00 p.m. on holidays,
Saturdays and Sundays only, not
exceeding four (4) sq. ft. per sign and
one (1) in number in neighborhood of
sales. Not to be located in any center
median of a public road or sidewalk.
Directional arrows with address not
exceeding two (2) in number in
neighborhood of sales.
Residential nameplate
Not exceeding two sq. ft. in area and
one in number. No sign permit
required.
Rooming and boarding
• • •
Not exceeding six (6) sq. ft. in area
houses
and one (1) in number.
Seasonal sales
Te=po-ary
Number, size and placement as per
conducted outdoors
use permit; maximum height roof
line of structure; maximum of 21 days
per site per calendar year.
Service station
• • • •
Not exceeding 100 sq. ft. in total area
(gasoline sales)
and four (4) in total number of which
permanent signs
not more than two (2) may be
projecting or freestanding. Permanent
signs announcing that a station is
open 24 hours per day shall be
included within these provisions.
19-5
A. Sign Standards by Land Use or PurpDv--
�y Specific Uses or Purposes
^�
TYPE
'ILLUMINATION
LOCATIONS
C•
I
H
D
A
M
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N
U
F
N
G
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T
E
T
R
E
P
N
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C
E
E
R
A
F
I B
B P
O
F E I
S
O
M
I
R L
U L
M
L X N
T
M
J
E
C
E E
S E
P
E T T
W
A
A
E
P
A
C
I
O
C E E
I
N
R
C
L
T
T C
N C
S
N T R R
W
N
D
Q
T
A
1
0 0
E O
I
0 1 N N
A
D
I
U
I
T
O
R P
S P
T
N V A A
L
O
N
E
N SIZE LIMITATIONS AND
USE OR PURPOSE E
N
Y Y
S Y
E
E E L L
L
W
G
E
G SPECIAL CONDITONS
Public andP arochial
•
• • •
•
•
Not exceeding twenty (20) sq. ft. in total
schools and insti-
table or civic
nature
Real Estate:
temporary
Temporary
For sale or lease
Open House - on site
Open House - off site
i
Residential nameplate •
Rooming and boarding •
houses
Seasonal sales Temporary
conducted outdoors
Service station •
(gasoline sales)
permanent signs
area and two (2) in number.
One (1) sign, maxium twenty
(20) sq. ft. for 72 hrs. when imme-
diately preceding and related to
a charitable or nonprofit special
event.
• • • • • On site or structure not exceeding
four (4) sq. ft. for single-family
or duplex and 16 sq. ft. for
* multiple family, business and
industrial sites, and one (1) in
number per street frontage.
• • ; On site or structure, between hrs.
of 10:00 am. and 7:00 p.m. daily
only, not exceeding four (4) sq. ft.
in area per sign and one (1) in
number per site or structure.
• • Cround mounted between the hrs. of
�i 10:00 a.m. and 7:00 p.m. on holidays,
h� Saturdays and Sundays only, not
exceeding four (4) sq. ft. per sign and
\ one (1) In number in neighborhood of
sales. Not to be located in any center
median of a public road or sidewalk.
\ Directional arrows with address not
exceeding two (2) in number in
neighborhood of sales.
• • • • • • Not exceeding two sq. ft. in area and
onl in number. No sign permit
required.
• • Not exceeding six (6) sq. fL in area
and onl,(D in number.
• • Number,'gize and placement as per
use permit;,maximum height roof
line of strur�re, maximum of 21 days
per site per calendar year.
• • • • • • Not exceeding I00 sq. ft. in total area
and four (4) in total number of which
not more than two (2) may be
projecting or freestanding. Permanent
signs announcing that`- station is
open 24 hours per day shall be
included within these provisions.
19 - 5
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