HomeMy WebLinkAboutDRB 2013-11-05 #4CITY OF qq
Community Development Department - Planning Division
Meeting Date: November 5, 2013
Case Numbers: Z010-001
Project Planner: Kraig Tamborn p 15) 485-3092
Agenda Item:
REPORT TO DESIGN REVIEW BOARD
SUBJECT: San Rafael Municipal Code Title 14 and'Title 17 Amendments (Zoning Ordinance) —
Z010-001. Amendments to the Zoning Regulations and Title Tideland Permit requirements
(text -only edits), applying City-wide.
-- Continued from the October 22, 2093 meeting, without further discussion --
DISCUSSION
On September 17, 2013, Planning Division staff provided the Design Review Board members with draft
zoning ordinance edits for its review and comment. (Please contact staff if you require another
hardcopy of this document). Edits have been proposed for select Chapters of the San Rafael Zoning
Code. Board review and recommendation is requested on sections pertinent to design review matters.
The draft edits are not a comprehensive update of the entire Zoning Code, but have been selectively
chosen to respond to recent updates made to the General Plan 2020, new federal and state
regulations, and various revisions to codify Planning Division policy determinations and as a general
review and update.
The Board conducted a public hearing on the edits, accepted public testimony and closed the pubic
hearing, and continued the item to October 8, 2013 for Board deliberation and discussion. At its
October 8, 2013 meeting the Board initiated discussion of the draft zoning edits and given the lateness
of the meeting continued the item to October 22, 2013. The item was continued from October 22 to
November 5, 2013 without further discussion. The report and minutes from the prior meetings can be
viewed online at: http://www.citvofsanrafael.org/meetingsi and selecting the desired Design Review
Board meeting date.
Following is a summary of the comments provided at the October 8 meeting and an overview of
remaining topics requiring Board review and comment:
Board Comments Received (October 8 Meeting)
Chapter 14.03 — Definitions
The Board recommended revising the definition of "Height, non -hillside" to be similar to the hillside
definition. The hillside definition measures height Ntertically from grade, which is intended to encourage
bunkering of homes into hillside slopes and reduce grading and visual bulk and mass. A similar
definition for non -hillside may be appropriate, that measures from finished grade, average finish grade
or some other variant. The Board has requested examples of other definitions for further consideration.
This change will create some existing legal non -conforming height conditions throughout San Rafael,
particularly for structures with sloped roof types.
The Board also recommended that the definition of "Structure" should be revised to exclude retaining
walls up to four feet (4') in height (instead of the current three foot (3') limit that was considered too
restrictive). No other changes or modifications to definitions have been suggested.
Chapter's 14 04 through 14.09 — Land Use Tables / Development Standards
The Board did not have comments on revisions to these Chapters (pages A-6 through A-40 of the
Exhibit A — Draft Zoning Code Amendments); except for a proposed upper story addition exception,
discussed under Chapter 14.25 edits.
Chapter 14.12 — Hillside Overlay District
The Board recommended that the "driveway" provisions should require a vertical curve transition for
steep driveways and a level approach to the garage. Revised language would need to be drafted for
consideration (page A-42).
Chapter 14.13 — Wetland Overlay
No further changes or comments were suggested by the Board (page A-44).
Remaining Chapters Requiring Board Comment
Chapter 14.16 — Site and Use Regulations
➢ Accessory Structures — 14.16.020
This section has been deleted in its entirety and rewritten (page s A-47 through A-49). Notable
changes from current standards are as follows:
o Remove a current 80 square foot limitation for structures in a residential side yard location.
o Remove a current limit of two (2) accessory structures allowed in the rear yard.
o Remove a current 6' separation requirement between an accessory structure and primary
structure.
o Permit only small decorative improvements in front yard.
o Allow 0' setback in side and rear yards for small accessory structures up to 8' in height,
decorative improvements up to 6' and retaining walls up to 4' (revised per October 8
comments); subject to a 3' separation between structures.
o Require 3' setback in side and rear yards for accessory structures over 120 square feet and up
to 15' in height, and certain other accessory improvements.
o Add non-residential regulations for storage containers.
The Board may wish to provide further comments on these changes.
➢ Exclusions to the required minimum yards — 14.16.130
This draft section would be revised consistent with Board recommended change to allow 4' retaining
walls in yard areas (page A-51).
➢ Fences and Walls — Section 14.16.140
This section provides height limits for retaining walls and fences in side and rear yards. As noted, the
Board has already recommended that 4' retaining walls be permitted in yard areas. The Board also
suggested that height of fences located on walls should be measured based on the combined height,
unless the two features are grade separated (4' was recommended). Further discussion and comment
is requested (page A-52 and A-53).
➢ Additional Sections
The following additional new proposed sections are intended to establish city-wide standards for
matters typically addressed through design review, or as encouraged by new local and state rules, and
may warrant review and comment from the Board:
14.16.227 Light and glare (page A-56); proposed as a city-wide standard
• 14.16.243 Mechanical equipment screening (page A-57); proposed as a city-wide standard
• 14.15.295 Sight distance (page A-57); proposed as city-wide standard
• 14.16.305 Small wind energy systems (page A-57); new regulation
• 14.16.307 Solar installations (page A-58); new regulation
• 14.16.320 Swimming pools, hot tubs and other residential equipment (page A-59); revised standard
2
14.16.360 Wireless communications facilities (pages A-59 through A-67); revised to establish
ministerial review and revised discretionary review authority.
Chapter 14.17 — Performance Standards
Staff recommends the Board consider review and comment on new proposed Outdoor storage
standards — Section 14.17.120 (page A-72).
Chapter 14.18 — Parking Standards
Staff recommends the Board consider and comment on Section 14.18.160 Parking lot screening and
landscaping (pages A-80 and A-81) that has been revised in an effort to improve effectiveness of tree
canopy coverage and stormwater runoff measures. A draft Parking Lot Tree Species list has also been
prepared, and attached.
Chapter 14.19 — Signs
A new temporary sign type has been recommended (page A-86).
Chapter 14.25— Design Review
The Board has commented that second story additions should not be exempt from review without
criteria being applied (pages A-88 through A-90). Further discussion and comment is warranted.
Recommended Action
Staff recommends that the Board conclude its deliberations and provide its recommendation on the
draft zoning edits. Based on the discussion above, staff expects that the Board will require a report
back on its comments, before providing its final recommendation to the Planning Commission.
Attachments
Exhibit A - Draft Zoning Ordinance Amendments
N
EXHIBIT A - DRAFT
CHAPTER 14.03 - DEFINITIONS
1. Delete definitions in Section 14.03.030 for "Duplex", and relocate to residential definitions with
revisions, and for "Height" and replace with revised definitions:
2. Add the following definitions to Section 14.03.030 addressing currently undefined land uses listed in
the commercial and residential land use tables, to relocate Duplex, Residential with other residential
land use definitions, add new definitions for "Height" to memorialize the method of measurement for
hillside and nonhillside, "Emergency Shelters" in response to SB2, and "Wind Energy Systems" in
accord with General Plan 2020 Sustainability Element and concurrent with new proposed Site and Use
regulations Sections 14.16.115 and 14.16.305:
"Emergency shelters" means housing as defined under the State Health and Safety Code Section
508010• i.e., with minimal supportive services for homeless person that is limited to occupancy of six
months or less by a homeless person No individual or household may be denied emergency shelter because
of inability to pay.
"Food service establishment" means a business, serving food and/or beverages such as a restaurant,
cafe coffee shop, cocktail lounge or brew pub Food service establishment is distinguishable from a "food
service establishment high volume" and "fast food restaurant" by volume food type and/or service.
"Height non -hillside " is the vertical distance above a reference datum measured to 1) the highest point
of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest
gable of a pitched or hipped roof. See Figure 3 for various roof types The reference datum shall be selected
by either of the following whichever yields a greater height of building_
1 The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal
distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more
than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of
the exterior of the building. (See Figure e 2A)
2 An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described
in Item 1 above is more than 10 feet above lowestrg ade (See Figure 2B).
The height of a stepped or terraced building may be determined based on the existing grade
condition at each building segment as determined by the community development director.
Revised 09.11.2013
MMM.
iuk ra-109
2. Add the following definitions to Section 14.03.030 addressing currently undefined land uses listed in
the commercial and residential land use tables, to relocate Duplex, Residential with other residential
land use definitions, add new definitions for "Height" to memorialize the method of measurement for
hillside and nonhillside, "Emergency Shelters" in response to SB2, and "Wind Energy Systems" in
accord with General Plan 2020 Sustainability Element and concurrent with new proposed Site and Use
regulations Sections 14.16.115 and 14.16.305:
"Emergency shelters" means housing as defined under the State Health and Safety Code Section
508010• i.e., with minimal supportive services for homeless person that is limited to occupancy of six
months or less by a homeless person No individual or household may be denied emergency shelter because
of inability to pay.
"Food service establishment" means a business, serving food and/or beverages such as a restaurant,
cafe coffee shop, cocktail lounge or brew pub Food service establishment is distinguishable from a "food
service establishment high volume" and "fast food restaurant" by volume food type and/or service.
"Height non -hillside " is the vertical distance above a reference datum measured to 1) the highest point
of the coping of a flat roof or to the deck line of a mansard roof or 2) to the average height of the highest
gable of a pitched or hipped roof. See Figure 3 for various roof types The reference datum shall be selected
by either of the following whichever yields a greater height of building_
1 The elevation of the highest adjoining sidewalk or ground surface within a 5 -foot horizontal
distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more
than 10 feet above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of
the exterior of the building. (See Figure e 2A)
2 An elevation 10 feet higher than the lowest grade when the sidewalk or ground surface described
in Item 1 above is more than 10 feet above lowestrg ade (See Figure 2B).
The height of a stepped or terraced building may be determined based on the existing grade
condition at each building segment as determined by the community development director.
Revised 09.11.2013
Figure 1
Determination of reference datum
6-0"
Extedor wall
of building
I
:
Low ;
point I
1 -
Elevation
lines
High
i ( point
Figure 2
Building height by Building Code provisions
Figure 2A
<10'-0"
H
Height
(
of
Building
1
Figure 2A
<10'-0"
eight
of
ilding
figure 213
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_2
ZOIO-001
H
!_ 1
.11
Bu
;
Datum_..
_ I J
eight
of
ilding
figure 213
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_2
ZOIO-001
Figure 3
Building height for various roof types
A --
UBC
Gable
UBC
Mansard
l'r _ ^ _.
aUBC
Y_.
Hip
uec
Mansard
"Height hillside" means the vertical height of all structures fences and walls measured vertically from
the existing; "natural" grade to the uppermost point of the roof edge wall parapet mansard or other feature
perpendicular to thatrg ade•
Hillside Height Measurement
Ht.
1\� Excavated grade
Existing grade
"Residential duplex" means one structure on a single lot containing; two (2) dwelling units, each of
which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household
for "transitional housing" and "supportive housing as defined under the State Health and Safety Code.
"Residential multifamily" means medium and high density residential development, including a
"transitional housing development" as defined under State Health and Safety Code Section 50675.2 (and
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-3
Z010-001
i UBC
UBC
Gambrel
Shed
"Height hillside" means the vertical height of all structures fences and walls measured vertically from
the existing; "natural" grade to the uppermost point of the roof edge wall parapet mansard or other feature
perpendicular to thatrg ade•
Hillside Height Measurement
Ht.
1\� Excavated grade
Existing grade
"Residential duplex" means one structure on a single lot containing; two (2) dwelling units, each of
which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household
for "transitional housing" and "supportive housing as defined under the State Health and Safety Code.
"Residential multifamily" means medium and high density residential development, including a
"transitional housing development" as defined under State Health and Safety Code Section 50675.2 (and
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-3
Z010-001
subsequent amendments) containingte (33) or more attached dwelling units in -one or more structures
located on a single parcel or common lot.
"Residential single-family" means low density residential development containing one (1) primary
residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a
single-family dwelling and/or second dwelling unit as a household for "transitional housing" and
"supportive housing" as defined under the State Health and Safety Code.
Single -room occupangy development. see `Boarding house."
"Small wind energy system" means a wind energy conversion system consisting of a freestanding or
roof mounted wind turbine and associated control or conversion electronics which is intended to produce
energy for use primarily on site.
"Supportive housing" means housing as defined under State Health and Safety Code (HSC) Section
50675.14(b), i.e., with no limit on length of stay, that is occupied by the target population as defined in
HSC subdivision (d) of Section 53260 (i.e., adults with low-income having one or more disabilities
including mental illness H1V or AIDS substance abuse or other chronic health conditions, or individuals
eligible for services provided under the Lanterman Development Disabilities Services Act Division 4.5,
commencing with Section 4500 of the Welfare and Institutions Code and may include, among other
populations families with children elderly persons ung adults aging out of the foster care system,
individuals exiting_ institutional settings veterans or homeless people) and that is linked to on- or off-site
services that assist the supportive hosing residents in retaining the housing improving his or her health
status and maximizing his or her ability to live and when possible, work in the community.
"Transitional housing" and "transitional housing development" mean rental housing developments as
defined under State Health and Safety Code Section 50675.2• i.e. buildings configured as rental housing
developments but operated under program requirements that call for the termination of assistance and
recirculation of the assisted units to another eligible program recipient at some predetermined future point
in time which shall be no less than six months.
"Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical
energy, which it then converts into electricity.
3. Amend the following definitions of Section 14.03.030 to be consistent with terms used in San Rafael
General Plan 2020, and to coincide with modifications proposed to Chapter 14.13 Wetland Overlay
District Standards and amendments made to Chapter 14.16 Site and Use Regulations related to accessory
structures, lot coverage and setbacks:
"Accessory structure" means a structure detached from a principal building on the same lot and
customarily incidental and subordinate to the principal building and use that requires a foundation or
structural support on therg ound. if __ _*_ _ _±_ _ _ is eenneetedto the albuilding by a continuous
r-eefline of by a covefed (feefed) breezeway no grea4ef than ten gaet (10') in length, the building shall be
^nside -ed attae ed Accessory structures include but are not limited to g;ara eg s/cMorts gazebos,
greenhouses, storage sheds freestanding solar 12anel arrays small wind energy systems cabanas studios
sport courts spas hot tubs and pools Accessory structure would not include a "tree house" that does not
have a foundation support on the ground or require building permit.
"Creek" means aft- a perennial, intermittent or ephemeral open watercourse which has a defined bed and.
bank and connectixgs to other water bodies, as shown on the San Rafael General Plan geaefM plan
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-4
ZO10-001
watershed and creeks map. Creek also includes unmapped tributaries to the bay to the point at which
they have a defined bed and bank. Creek is distinguishable from a "drainagewa
"Drainageway" means: (1) an open Swale in or localized depression that lacks defined
banks, whieh seasona4ly eelleets, eeneentfates which transports stormwater to creeks, wetlands or water
bodies such as the bay; and (2) man-made open ditches or channels (typically with low habitat value) which
drain developed properties. Drainageway is distinguishable from a "creek."
"Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section
14.16.225).
"Lot coverage" means that portion of the lot covered by buildings, including stairways; covered
walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches
(30") in height; and detached recreational and storage structures that are greater than one hundred (120)
square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and
paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and
uncovered parking and driveway areas, detached garden shed tool shed playhouses and similar detached
accessory structures that do not require a building permit and are not greater than one hundred twenty (120)
square feet in size and no taller than eight feet (8') in height, and portions of structures that are located
below egg grade,
squafe etor- le
Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental
health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical
office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services
by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists,
respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts
for humans licensed for such practice by the State of California. Medical office uses typically require use of
specialized medical equipment and medical training to evaluate diagnose and administer treatments,
medication or therapies which require a prescription (including administering oU en or performing
dialysis and sleep diagnostics facilities);; increased support staff needs;.; multiple patient treatment rooms;,
and patient waiting areas. Counseling services and other services provided by nonmedical professionals
may also be included under "offices, general."
"Structure" means anything constructed or erected that requires a foundation or a structural support on
the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the
height does not exceed six feet (6); retaining walls miler three feet (3') or less in height; in Wound
^ae ; and improvements built at -grade such as parking lots and access drives or walks;—awl
storage sheds or r-eer-eationa4lay struetur-es fliat are afte hutidr-ed and twenty (120) square fiaet or less i
,
r
rrovr-azca.
Yard, side. "Side yard" means an open area extending between the front yard andte the rear yard
and 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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-5
2010-001
CHAPTER 14.04 – RESIDENTIAL DISTRICTS (R, DR, MR, HR)
4. Amend the Residential Land Use Table 14.04.020 Residential Uses to identify `Animal Keeping' use as
subject to Administrative -level review, and the `Emergency Shelter for the homeless, Permanent' to
reference additional proposed site and use regulations provided in Chapter 14.16:
14.04.020 Land use regulations (R, DR, MR, HR, PD).
P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed.
Table 14.04.020
Type of Land Use
R
DR
MR
HR
PD
Additional Use Regulations
Residential Uses
Single-family residential
P
P
P
P
C
Duplex residential
P
P
P
C
Multifamily residential
P
P
C
Animal keeping
_\�
^.F
�_ �'.
\E
\E
See standards, Chapter 14.17.020
See Chapter 6.04
Boardinghouse or roominghouse
C
C
C
Conversion of senior housing to
nonsenior housing
C
C
C
C
C
Emergency shelters for the
homeless
Permanent
C
See standards, Section 14.16.115
Temporary or rotating
C
C
C,
P
C
C
Home occupations
P
P
P
P
See standardsteg ions,
Chapter 14.16
Mobile home parks
C
C
See standards, Chapter 14.17
Residential care facilities for the
handicapped
Small (0-6 residents)
P
P
P
P
C
Large (7 or more 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 (800 square
feet in size or less)
P
P
P
P
P
See standards, Chapter 14.16
Second dwelling units (greater
than 800 square feet in size or in a
separate building not meeting
required setback or height
requirements)
C
C
C
C
C
See standards, Chapter 14.16
Visitor Accommodations
Bed and breakfast inns
C*
C
C
C
*On nonhillside lots, 20,000
square feet or larger.
Hotels and motels
C
C
Day Care
Day care facility, child or adult
Family day care home
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-6
ZO10-001
Type of Land Use
R
DR
MR
HR
PD
Additional Use Regulations
Small (0-8 children or adults)
P
P
P
P
P
Large (9-14 children)
CZ
CZ
CZ
CZ
CZ
See standards, Chapter 14.17
Large (9-14 adults)
C
C
C
C
C
Day care center (15 or more
C*
C
C
C
C*
*Prohibited in R2a, R1 and PD
children or adults)
districts, and R20 hillside
residential lots.
Public and Quasi -Public Uses
Clubs and lodges, including youth
C
C
C
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 -
hillside districts, and R20 hillside
residential lots.
Schools
Public
P*
P
P
P
C*
*Prohibited in R2a, Rla and PD -
hillside districts, and R20 hillside
residential lots.
Parochial, private
C*
C
C
C
C*
*Prohibited in R2a, R1 and PD -
hillside 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; counseling
groups and those private business
uses which would be permitted
as home occupations. *Prohibited
in R2a, Rla, and PD -hillside
districts, and R20 hillside
residential lots.
Offices and Related Uses
Medical services (medical, dental
and health-related services with
sale of articles clearly incidental to
the services provided)
Hospitals
C
C
Major medical facilities,
C
C
C
including extended care
facilities (treatment and
convalescent) and children's
treatment facilities
Commercial Uses
Plant nurseries and garden supply
C
C
C
C
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_7
ZO10-001
Type of Land Use R DR
MR
HR PD Additional Use Regulations
Transportation Facilities
1110
R7.5
Parking lot, public or private
C
C C See regulations, Chapter 14.18
Accessory Structures and Uses
Accessory structures and uses P P
customarily incidental to a
permitted use and contained on the
same site
P
P P See regulations, Chapter 14.16
5. Amend the Residential Development Standards Table 14.04.030 concurrent with revision to Chapter
14.25 to exempt upper story additions of 500 square feet or less in size from design review:
14.04.030 Property development standards (R).
N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use
Regulations, for additional regulations pertaining to site development standards. See Chapter 14.23,
Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25,
Environmental and Design Review Permits, a listing of improvements subject to review (including upper
story additions r_ egr aterthan 500 square feet), and design guidelines and criteria for development.
Table 14.04.030
(A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square feet. See
Section 14.16.300, Small lots.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-8
2010-001
R2a
Rla
R20
1110
R7.5
R5
Additional
Standards
Minimum lot
2 acres
1 acre
20,000
10,000
7,500
5,000/6,00
(A)
area (sq. ft.)
0 (corner)
Minimum lot
150
150
100
75
60
50/60
width (ft.)
(corner)
Minimum
yards
Front (ft.)
20
20
20
20
15
15
(B), (C)
Side/street
15
15
12'6"
10
6
10% of lot
(D), (E)
side (ft.)
width, min.
3', max. 5'
Rear (ft.)
25
25
10
10
10
10
Maximum
30
30
30
30
30
30
(F)
height of
structure (ft.)
Maximum lot
20%
25%
30%
40%
40%
40%
coverage
Maximum
50%175%
50%/75%
50%/75%
50%/75%
50%/75%
50%/75%
(F), (G),
upper story
of lot
of lot
of lot
of lot
of lot
of lot
(H)
floor size
coverage
coverage
coverage
coverage
coverage
coverage
calculation
calculation
calculation
calculation
calculation
calculation
Private yard
NR
NR
NR
NR
NR
NR
area
Parking
*
*
*
*
*
*
* Based on
use. See
14.18.040
(A) Second dwelling units shall not be added if the lot is less than five thousand (5,000) square feet. See
Section 14.16.300, Small lots.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-8
2010-001
(B) Where two (2) or more lots in a block have been improved with buildings, the minimum required
shall be the average of improved lots on both sides of the street for the length of the block. For purposes of
determining average front setback on developed lots, setback should be measured from the property line to
closest wall of any principal structure.
(C) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992, or
carport built after January 1, 2006, shall be set back twenty feet (20').
(D) On a reverse corner lot, the rear twenty feet (20') of the street side yard shall have a fifteen -foot
(15') setback.
(E) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved with
buildings, the minimum required shall be the average of improved lots within the same district on both sides
of the street for the length of the block.
(F) In the -EA Combining District, maximum height of seventeen feet (17') to peak, and one habitable
floor.
(G) For design criteria for upper -story construction, see Section 14.25.050(F)(6), Upper -Story
Additions.
(H) For lots less than five thousand (5,000) square feet, the maximum upper story shall be fifty percent
(50%) of the maximum lot coverage calculation; for lots five thousand (5,000) square feet or larger,
maximum upper story size shall be seventy-five percent (75%) of maximum lot coverage calculation.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-9
ZO10-001
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2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-10
Z010-001
CHAPTER 14.05 — COMMERCIAL AND OFFICE DISTRICTS
6. Amend the Commercial Land Use Table 14.05.020 for Commercial Uses `Kiosks' to downgrade review
from CZ (Conditional Permit) to A (Administrative Permit) and to reference proposed Section 14.16.225
for additional land use regulations for specific types of kiosk uses, and to downgrade Residential Uses
`Emergency Shelter for the homeless, Permanent' from C (Conditional) to P (Permitted) use in certain
districts and reference proposed Section Chapter 14.16.115 for additional land use regulations:
14.05.020 Land use regulations (GC, NC, O, C/O, R/O, FBWC).
A. Francisco Boulevard West Commercial District (FBWC): Land use regulations for new
development and/or redevelopment.
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 specified in subsection (A)(3) of this section;
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 subsection (A)(2)(a) or (A)(2)(b) of this section, 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.
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.05.020
Type of Land Use
GC
NC
O
C/O
R/O
FBWC X
Additional Use
Regulations
Commercial Uses
Animal sales and service,
excluding exterior kennels, pens
or runs
See Chapter 10.24
Animal care facilities
CZ
CZ
CZ
Animal retail sales
P
P
P
Boat sales
CZ
CZ
Building materials and supplies
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-1 1
Z010-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
Additional Use
Re ulations
Brick, gravel, rock, concrete,
lumber and tile sales
P*
P*
C
*See Outdoor storage.
Electrical supply stores
P*
P*
C
Equipment rental business
P*
P*
C
Glass and window stores
P*
P*
C
Hardware stores
P*
P*
P*
P*
C
Paint stores
P*
P*
C
Plumbing stores (and ancillary
service)
P*
P*
C
Business sales and service
Blueprint and photocopy shops
P
P
P
P
Computer services
P
P
P
P
Locksmith shop
P
P
P
P
Office furniture sales and
rentals
P
P
P
P
C
Office supply and business
machine shops
P
P
P
P
C
Printing shops
P
P
P
CZ
Card rooms
See Chapter 10.36
Coffee roasters
CZ
CZ
Food and beverage service
establishments
Brew pubs
CZ
CZ
CZ
Catering establishments
P
CZ
P
Cocktail lounges
C _,
C
Fast food restaurants
C
C
C
Food service establishment,
high volume
C
C
Food service establishment
(with or without incidental
serving of beer or wine or
ancillary bar), but without a
cocktail lounge, live
entertainment as defined under
Chapter 14.03, and/or dancing
(1) 1,000 sq. ft. or less in
size
P
P
P
P
P
C
(2) More than 1,000 sq. ft.
in size
P
CZ
CZ
P
CZ
CZ
Food service establishment
with a cocktail lounge, live
entertainment, and/or dancing
CZ
CZ
CZ
CZ
Live entertainment/dancing
(without food service)
C
C
C
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-12
ZO10-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
Additional Use
Regulations
Outdoor eating areas
A"
A*
A*
A*
A*
A*
For outdoor eating
areas on private
property see Section
14.17.110 standards.
For outdoor seating
areas located on city
sidewalks or rights-of-
way, see Section
14.16.277 standards.
Food and beverage stores
Bakeries, retail (and ancillary
P
P
P
P
P
C
food service)
Candy stores and
P
P
P
confectioneries
Convenience markets
CZ
CZ
CL
CZ
Grocery stores and
P*
P*
P*
C
C
*Operating between
supermarkets
11 p.m. and 6 a.m.
requires a use permit
(CZ) to review
lighting, noise, and
compatibility with
surrounding
residential uses.
Liquor stores
(1) Less than 200 ft. from
CZ
CZ
CZ
CZ
CZ
residential district
(2) 200 ft. or more from
P
P
P
C
C
residential district
Fortunetelling
A
A
See Chapter 14.17
standards. *Rear
ground level or 2nd
floor or above.
Funeral interment services
CZ
CZ
(including mortuaries, but
excluding crematories)
Kiosks
AC4
ACZ
ACS
n �Gz
See Section 14.16.225
standards
Motor vehicle sales and service
(including automobiles,
motorcycles, trailers, trucks and
recreational vehicles)
Auto detailing
CZ
Coin -op washing
C
C
C C
Gasoline stations (including
C
C
C
C C
C
See Section 14.16.160
mini -markets, and minor-
regulations. For
repair, such as tune-ups,
repair, see Chapter
brakes, batteries, tires, and
14.17 standards.
mufflers)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-13
ZO10-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
Additional Use
Regulations
Rentals
CZ
CZ
CZ
Repairs, major (engine work,
painting, and body work)
CZ
See Chapter 14.17
standards.
Repairs, minor (tune-ups,
brakes, batteries, tires,
mufflers and upholstery)
CZ
CZ
CZ
CZ
C
See Chapter 14.17
standards.
Sales, new or used vehicles
(1) Five or fewer vehicles
displayed or stored on-site
CZ
CZ
CZ
(2) More than five vehicles
displayed or stored on-site
C
C
C
Sales, parts and supplies
P
P
C
Sales, tires and ancillary
service
CZ
CZ
CZ
Music rehearsal/recording studios
CZ
CZ
Outdoor storage, including
temporary or permanent storage
containers
CZ
CZ
CZ
CZ
C
Personal service establishments
Artistic and photographic
studios, without sale of
equipment or supplies
P
P
P
Barber shops/beauty salons
P
P
P
P
P
C
Dry cleaning establishments,
with no on-site processing
P
P
P
P
P
Dry cleaning establishments,
with on-site processing
CZ
CZ
CZ
CZ
CZ
Laundromats (self service)
P
P
P
P
Massage and/or bodywork
offices or establishments
P
P
P
P
P
See Chapter 8.34
Nail salons
P
P
P
P
P
Seamstress/tailor
P
P
P
P
P
Shoe repair
P
P
P
P
P
Recreational facilities (indoors)
Bowling alleys
C
C
C
See Chapter 10.32
Game arcades
C
C
See Chapter 14.17
standards.
Fitness/recreation facility
CZ
I CZ
CZ
CZ
CZ
Poolhalls/billiards
C
C
C
Theaters
C
C
C
C
Retail
Antique stores
P
P
C
Apparel stores
P
P
C
Appliance stores (and ancillary
repair)
P
P
C
Art, craft, music and
photographic supply stores
P
P
P
C
2013 .AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-14
Z010-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
Additional Use
Regulations
Auctions
P
P
See Chapter 10.16
Bicycle shops
P
P
P
C
Book, gift, stationery stores
P
P
P
C
Department stores
P
P
C
Discount stores
P
P
C
Drug stores and pharmacies
P*
P*
P*
C
C
*Operating between
11 p.m. and 6 a.m.
requires a use permit
(CZ) to review
lighting, noise, and
compatibility with
surrounding
residential uses.
Electronics sales (televisions,
P
P
C
radios, computers, etc.)
Florist shops
P
P
P
P
P
Furniture stores and upholstery
P
P
C
shops (and ancillary repair)
Gun shops
C
C
See Chapter 14.17
standards.
Jewelry stores
P
P
Plant nurseries and garden
P*
P*
P*
C
*See Outdoor storage.
supply
Secondhand stores and
CZ
CZ
See Chapter 10.20
pawnshops
Shoe stores
P
P
C
Shopping centers
C
(
C
C
Sporting goods stores
P
P
C
Stamp and coin shops
P
P
Swimming pool supplies
P
P
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-15
Z010-001
Type of Land Use
GC
NC
O
C/O
RIO
FBWC*
Additional Use
Regulations
Tobacco retailer, significant
C
C
C
Shall not be located
within 1,000 feet from
schools (public and
private elementary,
junior high, and high
schools), public parks,
public libraries,
arcades, youth/teen
centers,
community/recreation
centers, licensed day
care centers for
children, shopping
malls, and houses of
worship with
i
organized youth
programs, as
measured from the
property lines of each
parcel.
Toy stores
P
P
P
C
Variety stores
P
P
C
Video sales and rentals
P
P
P
Offices and Related Uses
Financial services and institutions
P
P
_
J,
P
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
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Hospitals
C
Major medical facilities,
C
C
including extended care
facilities (treatment and
convalescent) and children's
treatment facilities
Laboratories
CZ
CZ
CZ
CZ**
CZ
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Medical offices
CZ
CZ
P
P*
P
*4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-16
ZO10-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
Additional Use
Regulations
Offices, general
CZ
P*
P
P**
P
*Rear ground level or
2nd floor or above.
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Public and Quasi -Public Uses
Clubs and lodges, including youth
C
C
C
_
groups
Public facilities
Administrative offices
C
P
P*
P
*Rear ground level or
2nd floor or above.
Day services center
C
C
C
C
C
Job center
C
Libraries, museums and other
C
C
C
C
C
cultural facilities
Public and utility facilities
C
(corporation, maintenance or
storage yards, utility
distribution facilities, etc.)
Public facilities, other (police,
C
C
C
C
C
C
fire, paramedic, post office,
I
etc.)
_.
P
Public parks, playgrounds, and
P
P
P
P
recreation facilities
Religious institutions
C
C
C
C
C
Schools
Parochial, private
C
C
C*
C
*Rear ground level or
2nd floor or above.
Public
P
P
P
P
P
Specialized education and
CZ
CZ
CZ
CZ
training
Residential Uses
*
*
*
*See Chapter 14.17
standards.
Single-family residential
C
Duplex residential
C
Multifamily residential
A
C
P
A
P
A
Only in a mixed-use
development. See
Chapter 14.17
standards.
Animal keeping
CZ
CZ
CZ
CZ
CZ
CZ
See Chapter 14.17
standards.
Caretaker's residence
CZ
CZ
CZ
CZ
CZ
C
Emergency shelters for the
homeless
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-17
ZO10-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*Additional
Use
Regulations
Permanent
C
C
See CAaptej- 14.16
standar-ds Section
14.16.115.
Temporary or rotating
C
C
C
C
C
C
Home occupations
P
P
P
P
P
P
See Chapter 14.16
regulations.
Live/work quarters
A
A
A
A
A
A
See Chapter 14.17
standards.
Mobile home park
C
Residential care facilities for the
handicapped
Small (0-6 residents)
P
P
P
P
P
P
Large (7 or more residents)
P
P
P
P
P
P
Residential care facilities, other
Small (0-6 residents)
P
P
P
P
P
P
Large (7 or more residents)
C
C
C
C
C
C
Rooming or boarding houses
A
C
A
A
A
A
See Chapter 14.17
standards.
Day Care
Day care facility, child or adult
Family day care
Small (0-8 children or
adults)
P
P
P
Large (9-14 children)
CZ
CZ
CZ
See Chapter 14.17
standards.
Large (9-14 adults)
CZ
CZ
CZ
Day care center (15 or more
children or adults)
CZ
CZ
CZ
CZ
CZ
C
Visitor Accommodations
Hotels, motels, or bed and
breakfast inns
C
C
C
C
Transportation Facilities
Bus stations
C
C
C
"Park and ride" facilities
CZ
CZ
CZ
C
Parking facilities, commercial or
municipal
CZ
CZ
CZ
CZ
C
Taxi stations
C
C
C
Transit stations or transitwa s
C
C
C
See Chapter 10.60
Temporary Uses
Temporary uses
A
A
A
A
CZ
A
See Chapter 14.17
standards.
Accessory Structures and Uses
Accessory structures and uses
customarily incidental to a
permitted use and contained on
the same site:
P
P
P
P
P
P
See Chapter 14.16
regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-18
2010-001
* See Section 14.05.020(A).
7. Amend the Downtown Mixed Use/Commercial Land Use Table 14.05.022 Commercial Uses `Kiosks'
to downgrade review from Conditional (CZ) to Administrative (A) permit review and add note (30), delete
unpermitted Commercial and Residential uses from the table, eliminate note (9) for Massage Uses that
are in districts off Fourth Street, update types of permitted Residential Uses `Emergency Shelter for the
homeless' use, and make minor edits to notes for Video sales and rental use:
14.05.022 Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O).
P: Permitted by right; C: Conditional permit/planning commission; CZ: Conditional use permit/zoning
administrator; A: Administrative use permit; Blank: Not allowed.
Table 14.05.022
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
51MR/0
Commercial Uses
Animal sales.and service,
excluding exterior kennels,
pens or runs (1)
Animal care facilities
CZ
CZ
CZ
CZ
CZ
CZ
Animal retail sales
P
P(27)
P
CZ
P
Building materials and
supplies
Br-iek grfevof ,.,,k
Equipment rental
businesses (2)
11(3)
P
P
Glass and Windew stefes
Hardware stores (2)
P
P
P
P
P
P
Paint stores (2)
P
P
P_
P
P
Plumbing Stipp!), stores
Business sales and service
Blueprint and photocopy
shops
P
P
P
P
P
P
P(4)
Computer services
P
P
P
P
P
P
P(4)
Locksmith shop
P
P
P
P
P
P
P(4)
Office furniture sales and
rentals
P
P
P
P
P
P
P(4)
Office supply and business
machine shops
P
P
P
P
P
P
P(4)
Printing shops
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Card rooms (5)
C
Coffee roasters
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Food and beverage service
establishments
Brew pubs
CZ
CZ
CZ
CZ
CZ
CZ
Catering establishments
CZ
CZ
CZ
P
P
CZ
P(4)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-19
2010-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Cocktail lounges (without
C
C
C
C
C
C
C(4)
food service)
Fast food restaurants
C
C
C
C
C
C
Food service
C
C
C
C
C
C
establishment, high
volume
Food service establishment
(with or without incidental
serving of beer or wine or
ancillary bar), but without
a cocktail lounge, live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less in
P
P
P
P
P
P
P(4)
size
(2) More than 1,000 sq.
P
P
P
P
P
P
CZ(4)
ft. in size
Food service establishment
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
with a cocktail lounge, live
entertainment, and/or
dancing
Live entertainment and/or
C
C
C
C
C
C
C
dancing (without food and
service)
Outdoor eating areas (6)
A
A
A
A
A
A
A(4)
Food and beverage stores
Bakeries, retail (and
P
P
P
P
P
P
P(4)
ancillary food service
Candy stores and
P
P
P
P
P
P
P(4)
confectioneries
Convenience markets (7)
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4
Grocery stores and
P
P
P
P
P
P
C(4)
supermarkets (7)
Liquor stores
(1) Less than 200 ft.
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
from residential district
(2) 200 or more ft. from
P
P
P
P
P
P
CZ(4)
residential district
Fortunetelling (8)
A(9)
A(9)
A
A
A(9)
Funeral and interment
CZ,
CZ
services (including
mortuaries, but excluding
crematories
KiosksAGZ
AGZ
ACS
AC-G
A4=6AGZ
I ACS
2013 AMENDMENTS TO SAN RAFAEL Mu iciPAL CODE (PHASE II) A-20
ZO10-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
S/M R/O
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and
recreational vehicles)
Auto detailing
CZ
CZ
Coin -op washing
C
C
Gasoline stations
C
C
C
C
(including mini -markets,
and minor repair, such as
tune-ups, brakes, batteries,
tires, and mufflers) (10)
Rentals
CZ(2)
CZ(2)
Repairs, major (engine
work, painting, and body
work) (11)
Repairs, minor (tune-ups,
CZ
CZ(3)
CZ
Cl
CZ
brakes, batteries, tires,
mufflers and upholstery)
Sales, new or used
C
vehicles
Sales, parts and supplies
P
P
P
P
P
P
P(4)
Sales, tires and ancillary
CZ
CZ
service
Music rehearsal/recording
CZ(9)
CL
CZ
CZ
CZ
CZ(9)
CZ
studios
Outdoor storage, including
CZ
temporary or permanent
storage containers
Personal service
establishments
Artistic and photographic
P
P
P
P
P
P
P(4)
studios, without sale of
equipment or supplies
Barber shops/beauty salons
P
P
P
P
P
P
P(4)
Dry cleaning
P
P
P
P
P
P
P(4)
establishments, with no
on-site processing
Dry cleaning
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
establishments, with on-
site processing
Laundromats (self-service)
P
P
P
P
P
P(4)
(7)
Massage and/or bodywork
P(9)
P(9)
P(9)
offices or establishments
(12)
Nail salons
P
P
P
P
P
P
P(4)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-21
ZO10-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Seamstress/tailor
P
P
P
P
P
P
P(4)
Shoe repair
P
P
P
P
P
P
P(4)
Recreational facilities
(indoors)
Bowling alleys (13)
C
Game arcades (14)
C
C
C
C
Fitness/recreation facility
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Poolhalls/billiards
C
C
C
C
Theaters
C
C
C
C
C
C
Retail
Antique stores
P
P(27)
I P
P
P
P
P(4)
Apparel stores
P
P(27)
P
P
P
P
P(4)
Appliance stores (and
ancillary repair)
P
P(27)
P
P
P
P
P(4)
Art, craft, music and
photographic supply stores
P
P
P
P
P
P
P(4)
Auctions (IS)
P
P
P
P
P
P
P(4)
Bicycle shops
P
P(27)
P
P
P
P
P(4)
Book, gift, stationery
stores
P
P
P
P
P
P
P(4)
Department stores
P
P
P-
P
P
P
P(4)
Discount stores
P
P
P
P(16)
P
P
P(4)
Drug stores and
pharmacies (7)
P
P
P
P
P
P
P(4)
Electronics sales
(televisions, radios,
computers, etc.)
P
P
P
P
P
P
P(4)
Florist sho s
P
P
P
P
P
P
P(4)
Furniture stores and
upholstery shops (and
ancillary repair)
P
P(27)
P
P
P
P
P(4)
Gun shops
C
C
C
C
C
Jewelry stores
P
P(27)
P
P
P
P(4)
Plant nurseries and garden
supply
P(2)
P(2)
P(2)
P(2)
P(2)
P(2)
P(2)(4)
Secondhand stores and
pawnshops (17)
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Shoe stores
P
P(27)
I P
P
P
P
P(4)
Shopping centers
C
C
C
C
C
C
C(4)
Sporting goods stores
P
P(27)
P
P
P
P
P(4)
Stamp and coin shops
P
P(27)
P
P
P
P
P(4)
Swimming pool supplies
P
P
P
P
P
P
Tobacco retailer,
significant
C(28)
C(28)
C(28)
C(28)
C(28)
Toy stores
P
P(27)
P
P
P
P
P(4)
Variety stores (7)
P
P
P
P
P
P
P(4)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-22
ZO10-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Video sales and rentals
P
P(27)
P
P/CZ 32
P
P
P(4)
X000
s€.P
2000*
s€ c -Z
Offices and Related Uses
Financial services and
P(9),
P
P
P
P
P(9),
P
institutions
A(18)
A(18)
Medical services (medical,
dental and health-related
services, with sale of articles
clearly incidental to the
services provided)
Clinics
C(9)
C
C
C
C
C(9),
C
C(18)
Hospitals
Major medical facilities,
C
including extended care
facilities (treatment and
convalescent) and
children's treatment
facilities
Laboratories
CZ(9)
CZ
CZ
CZ
CZ
CZ(9,
CZ
18)
Medical offices
P(9)
P
P
P
P
P(9),
P
A(18)
Offices, general
P(9),
P
P
P
P
P(9),
P
A(18)
A(18)
Public and Quasi -Public
Uses
Clubs and lodges, including
C(9)
C
C
C
C
C(9)
youth groups
Public facilities
Administrative offices
P(9),
P
P
P
P
P(9),
P
A(18)
A(18)
Day services center
C
Libraries, museums, and
C
C
C
C
C
C
C
other cultural facilities
Public facilities, other
C
C
C
C
C
C
C
(police, fire, paramedic,
post office, etc.)
Public parks, playgrounds,
P
P
P
P
P
P
P
and recreational facilities
Religious institutions
C
C
C
C
C
C
C
Schools
Parochial, private
C(9)
C
C
C
C
C(9)
C
Public
P
P
P
P
P
P
P
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-23
ZO10-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Specialized education and
training
CZ (9,
18)
CZ
CZ
CZ
CZ
CZ(9,
18)
CZ
Residential Uses
Single-family residential
Duplex residential
P
P
Multifamily residential (19)
A
A(29)
I A
A(20)
A
A
P
Animal keeping
A
A_
A_
A_
A
A
A
Caretaker's residence
A
A(29)
A
A(20)
A
A
A
Emergency shelters for the
homeless
Permanent
C
C
Temporary or rotating
C
C
C
C
C
Home occupations (22)
P
P
P
P
P
P
P
Live/work quarters (19)
A
A(29)
A
A(20)
A
A
A
Residential care facilities for
the handicapped in dwelling
unit (19)
Small (0-6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more residents)
P
P(29)
P
P(20)
P
P
P
Residential care facilities,
other in dwelling unit (19)
Small (0-6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more residents)
C
C(29)
C
C(20)
C
C
C
Rooming or boarding houses
(19)
A
A(29)
A
A(20)
A
A
A
Day Care
Day care facility, child or
adult
Family day care
Small (0-8 children or
adults)
P
P
P
P
P
P
P
Large (9-14 children)
31
CZ
CZ
CZ
CZ
CZ
CZ
CG
Large (9-14 adults)
C
C
C
C
C
C
C
Day care center (15 or more
children or adults)
CZ(9)
CZ
CZ
CZ
CZ
CZ(9)
CZ
Visitor Accommodations
Hotels, motels, or bed and
breakfast inns
C
C
C
C
C
C
C
Transportation Facilities
Bus stations
C
C
"Park and ride" facilities
CZ
CZ
CZ
Parking facilities, commercial
or municipal
CZ
CZ
CZ(3)
CZ
CZ
CZ
CZ
Taxi stations (24)
C
C
C
Transit stations or transitwa s I
C
C
C
Temporary Uses
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-24
Z010-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Temporary uses 25
A
A
A
A
A
A
A
Accessory Structures and
Uses
Accessory structures and uses
P
P
P
P
P
P
P
customarily incidental to a
permitted use and contained
on the same site (26)
(1) See Chapter 10.24.
(2) See "Outdoor storage."
(3) Use not allowed on lots which have frontage along "A" and "B" Streets.
(4) Use allowed only on cross streets from "C" Street east between Fourth Street and Fifth Avenue.
(5) See Chapter 10.36.
(6) For outdoor eating areas on private property, see Section 14.17. 110 standards. For outdoor seating areas
located on city sidewalks or rights-of-way, see Section 14.16.277 standards.
(7) Operating after eleven p.m. (11:00 p.m.) requires a use permit (CZ).
(8) See Section 14.17.060 (Fortunetelling).
(9) Use allowed est On Fourth Street frontage, use shall only be allowed in a rear ground level demised
space behind a separate retail demised space with a separate entrance or on the second floor or above.
(10) See Section 14.16.160 (Gasoline stations).
(11) See Section 14.17.090 (Motor vehicle repair uses).
(12) See Chapter 8.34.
(13) See Chapter 10.32.
(14) See Section 14.17.070 (Game arcades).
(15) See Chapter 10.16.
(16) Office -support retail only.
(17) See Chapter 10.20.
(18) Office use on the Fourth Street frontage is limited to customer -service office use only. See Section
14.17.050 (Offices and financial institutions in the Fourth Street retail core and the West End Village) of
this title.
(19) See Section 14.17.100 (Residential uses in commercial districts).
(20) Residential use allowed if part of a mixed-use development.
(2 1) Repealed April 2006.
(22) See Section 14.16.220 (Home occupations).
(23) See Section 14.17.040 (Family day care home, large).
(24) See Chapter 10.60.
(25) See Section 14.17.130 (Temporary uses).
(26) See Section 14.16.020 (Accessory uses).
(27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage.
(28) Shall not be located within one thousand feet (1,000") from: schools (public and private elementary,
junior high, and high schools), public parks, public libraries, arcades, youth/teen centers,
community/recreation centers, licensed day care centers for children, shopping malls, and houses of
worship with organized youth programs, as measured from the property lines of each parcel.
(29) Residential use is allowed on the ground floor and above, except on lots facing Fourth Street where
residential use is allowed on the rear ground level and second floor and above.
(30) See Section 14.16.115
(311 See Section 14.17.040
(32) Permitted if less than 2 000sf in size and conditionally permitted subject to zoning administrator
gpl2roval if 2,000sf or more in size.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-25
2010-001
8. Amend the Commercial Property Development Standards Tabke 14.05.030 to exclude solar
installations installed over paved parking spaces from lot coverage in the Office (0) District.
14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC).
NR: Not required unless otherwise noted in Additional Standards. NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio,
and site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for
allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits,
for a listing of improvements subject to review and design guidelines and criteria for development.
Table 14.05.030
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required
for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or
rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted within the required side and rear
yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent
to the side and rear property lines.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-26
ZO10-001
GC
NC
O
C/O
R/O
FBWC
Additional
Standards
Minimum lot area (sq. ft.)
6,000
6,000
7,500
2,000/
building
6,000
6,000
Minimum lot
area/dwelling unit (sf)
(Max. residential intensity)
1,000
1,800
1,000
1,000
1,000
1,000
(A), (N), (0)
Floor area ratio (Max.
nonresidential intensity)
*
*
*
*
*
*
* See Section
14.16.150
Minimum lot width (ft.)
60
60
60
NR
60
60
Minimum yards:
Front (ft.)
NR
NR
20
NR
NR
NR
(B)
Side (ft.)
NR
NR
6
NR
NR
NR
(B)
Street side (ft.)
NR
NR
10
NR
NR
NR
(B)
Rear (ft.)
NR
NR
20
NR
NR
NR
(B)
Maximum height of
structure (ft.)
36
36 feet; 30 feet for a
residential -only
building
36
36
36
36
(C), (D), (E), (F),
(G), (H)
Maximum lot coverage
NR
NR
40%
NR
NR
NR
(h
Minimum landscaping
15%
10%
25%
NR
10%
15%
(I), (J), (K), (L)
Usable outdoor area
NR
NR
NR
NR
NR
NR
(M)
Parking
*
*
*
*
*
*
* Based on use.
See Section
14.18.040
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required
for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or
rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted within the required side and rear
yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent
to the side and rear property lines.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-26
ZO10-001
(C) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter
14.24, Exceptions.
(D) Hotels have a four (4) story fifty -four -foot height limit. A one-story twelve -foot height bonus may be
approved as part of a design review permit by the planning commission if it finds that the hotel will provide
a significant community benefit, and the design is consistent with this title.
(E) Repealed 3/18/96.
(F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height
shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(G) See general plan downtown height map for lot -specific height limits.
(H) A height bonus may be permitted in residential development as provided for in Section 14.16.190,
Height bonus.
(I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the
front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3') of buffer
landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (10) of buffer
landscaping must be provided.
(J) In the GC district, a minimum fifteen feet (15') of the front setback must be landscaped. Landscaped
portions of the public right-of-way may be included, subject to approval by the hearing body.
(K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
(L) A landscaped amenity area for employees and the public is encouraged in office and commercial
projects.
(M) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use
project.
(N) Outside of downtown, only one (1) unit is permitted, and no additional units are permitted, on lots less
than five thousand (5,000) square feet, per Section 14.16.300 (Small lots).
(0) A density bonus may be granted, as provided for in Section 14.16.090.
(P) The maximum lot coverage restriction established for the Office (0) district shall not apply to solar
panels installed over existing paved parking spaces,• consistent with Section 14.16.307.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-27
ZO10-001
CHAPTER 14.06 -- INDUSTRIAL DISTRICTS (I, LI/O, CCl/O, LMU)
9. Amend the Industrial Land Use Table 14.06.020 to add Commercial Uses `Kiosks' as an A
(Administrative Permit) use in LI/O and reference Chapter 14.16for additional land use regulations,
amend Residential Uses `Emergency Shelter for the homeless, Permanent' as P/C
(Permitted/Conditionally Permitted) in LI/O and reference Chapter 14.16 for additional land use
regulations, and downgrade review from C to CZ for certain industrial uses in the I and LI/O district that
are deemed conditionally compatible uses which could be considered at Zoning Administrator level.
14.06.020 Land use regulations (I, LI/O, CCl/O, LMU).
P: Permitted; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.06.020
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Industrial Uses
Boat building and repair
C
Industry, general
Asphalt mix plants
C
Assembly plants
P
P
P
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Biotechnology firms
C
C
C
C
Cabinet shops
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Candle -making shop
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Ceramic shop
P
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Chemical manufacture
C
or processing
Clothing manufacturing
P
P
P
P
Concrete mix plants
C
Contractor's yards
P
CZ
CZ
CZ
(screened)
Dry boat storage
C
C
C
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-28
ZO10-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Dry cleaning plants
P
P
P
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Electronics industry
CCZ
C
C
Food manufacture or
P*
P*
P*
P*
*Permitted by right
processing
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Fuel yards
C
Furniture manufacturing
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Furniture refinishing or
P*
P*
P*
P*
*Permitted by right
repair
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Laboratories
CZ
CZ
CZ
CZ
Machine shops
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Metal fabrication,
ECZ
C
C
C
forging or welding shops
Packaging plants
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Pharmaceutical
C
C
C
C
manufacturing
Planing mills
C
C
Printing shops
P
P
P
P
Research and
C
development facilities
Research and
E �_ z
C
development industry
Research and
P
P
P
development services
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 1I) A-29
2010-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Re ulations
Rock, sand or gravel
C
plants (crushing,
screening and
stockpiling)
Mini -storage
P
P
P
P
See Section
14.16.150(G)(4) for FAR
exception. For lots facing
Highway 101 or 580 or
the Bay, mini -storage use
must be located behind an
active street front or bay
front use.
Moving companies
P
_
C
C
Storage, warehousing and
P
P
P
P
See Outdoor storage.
distribution
Trucking yards and
C
terminals
Waste Management
Hazardous waste
C
See hazardous waste
transfer, storage,
management plan
treatment and recycling
standards.
Resource recovery and
6
recycling
Solid waste management
C
See Chapter 10.72
(collection, disposal)
i
Transfer stations
C
Wholesale and distribution
P
P
P
P
Offices and Related Uses
Financial services and
CZ
CZ
institutions
Medical services (medical,
dental and health-related
services, with sale of
articles clearly incidental to
the services provided)
Clinics
C
C
Laboratories
C
C
C
C
Offices, medical
C
C
C*
*Max. of 5,000 sq. ft. or
less.
Offices, general
C*
C**
C
C*
*5,000 sq. ft. or less.
**See Section
14.16.150(B)(2).
Commercial Uses
Animal care facilities (with
CZ
CZ
CZ
CZ*
*Without exterior
or without exterior kennels,
kennels, pens or runs (See
pens or runs)
Chapter 10.24).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-30
ZO10-001
Types of Land Use
I
LUO
CCl/O
LNW
Additional Use
Regulations
Building materials and
supplies
Brick, gravel, rock,
P*
P*
P*
P*
*See Outdoor storage.
concrete, lumber, tile
sales
Electrical supply stores
P*
P*
P*
P*
*See Outdoor storage.
Equipment rental
P*
P*
P*
P*
*See Outdoor storage.
business
Glass and window stores
P*
P*
P*
P*
*See Outdoor storage.
Hardware stores
P*
P*_ _
P*
P*
P*
*See Outdoor storage.
Paint stores
P*
P*
P*
*See Outdoor storage.
Plumbing supply stores
P*
P*
P*
P*
*See Outdoor storage.
(and ancillary service)
Business sales and service
Blueprint and photocopy
P
P
P
P
shops
Computer services
P
P
P
Locksmith shop
P
P
P
P
Office furniture sales
P
P
P
and rentals
Office supply and
P
P
P
business machine shops
Printing shops
P
P
P
P
Card rooms
C
See Chapter 10.36
Coffee roasters
P
P
P
C
Food and beverage
establishments
Brew pubs
CZ
CZ
CZ
Catering
P
P
P
P
Cocktail lounges
C
(without food service)
Fast food restaurants
C
C
Food service
C
C
establishment, high
volume
Food service
establishment (with or
without incidental
service of beer or wine
or ancillary bar), but
without a cocktail
lounge, live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less
CZ
CZ
C/,
CZ
in size
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-31
ZO10-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
(2) More than 1,000
CZ
CZ
sq. ft. in size
Food service
C
establishment, with a
cocktail lounge, live
entertainment and/or
dancing
C
Live entertainment
and/or dancing (without
food service)
Outdoor eating areas
A
A
n
A
For outdoor eating areas
on private property, see
Section 14.17.110
standards. For outdoor
seating areas located on
city sidewalks or rights-
of-way, see Section
14.16.277 standards.
Food and beverage stores
Bakeries (with ancillary
food service 1,000 sq. ft.
or less in size)
(1) Retail
P
P
(2) Wholesale
P
P
P
P
Funeral interment services
Mortuaries
P
P
P
Crematories
C
Must be located at least
650 ft. from any
residential zoning district
and/or schools, including
private, parochial, public,
nursery, preschool and
child day care facilities;
Crematory stack and
delivery entrance may not
be visible from public
streets.
Maintenance and repair
services
Appliance repair
P*
P*
P*
P*
*See Outdoor storage.
Building maintenance
P*
P*
P*
P*
*See Outdoor storage.
services
Furniture upholstery
P*
P*
P*
P*
*See Outdoor storage.
General contractors
P*
P*
P*
P*
*See Outdoor storage.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-32
Z010-001
Types of Land Use
I
LI/O
CCI/O
LMU
Additional Use
Regulations
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and
recreational vehicles)
Auto detailing
P
C7,
CZ
C
Coin -op washing
C
C
C
C
Gasoline stations
C
C
C
See Chapter 14.16
(including mini -markets,
regulations. For repair,
and minor repair, such as
see Chapter 14.17
tune-ups, brakes,
standards.
batteries, tires and
mufflers)
Rentals
CZ
CZ
CZ
CZ
See Chapter 10.84
Repairs, major (engine
A
A
A
CZ
See Chapter 14.17
work, painting, body
standards.
work)
Repairs, minor (tune-
A
A
A
CZ
See Chapter 14.17
ups, brakes, batteries,
standards.
tires, mufflers,
upholstery)
Sales, new or used
C/CZ*
C/CZ*
C/CZ*
C/CZ*
*For sales of five or
vehicles
fewer cars.
Sales, parts and supplies
P
P
P
P
Towing businesses
C
C
C
C
Wrecking yards
C
See Chapter 10.52
Kiosks
See Section 14.16.22
Music rehearsal/recording
P
CL
C7
CZ
studios
Outdoor storage
CZ
CZ
CZ
CZ
Personal service
establishments
Artistic and
P
P
P
photographic studios,
without sale of
equipment or supplies
Barber shops/beauty
P
P
P
salons
Dry cleaning
P
P
P
P
establishments with or
without on-site
processing facilities
Laundromat (self
P
P
P
service)
Nail salon
P
P
P
Seamstress/tailor
P
P
P
Shoe repair
P
P
P
2013 AMENDMENTS TO SAN RAFAEL MuNiciPAL CODE PHASE 11) A-33
ZO10-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Recreational facilities
(indoors)
Bowling alleys
CZ
CZ
CZ
Fitness/recreation
CZ
CZ
CZ
facility
Retail
Drug stores and
C
pharmacies
Florist
C
Specialty retail, region-
C
serving
Public and Quasi -Public
Uses
Clubs and lodges, including
C
C
C
youth groups
Public facilities
Administrative offices
C*
P
P
P
*5,000 sq. ft. or less.
Day services center
C
C
C
Job center
C
C
C
Public and utility
C
C
C
C
facilities (corporation,
maintenance or storage
yards, utility distribution
facilities, etc.)
Public facilities, other
P
P
P
P
(police, fire, paramedics,
post office, etc.)
Public parks,
playgrounds and
recreation facilities
Religious institutions
C
C
C
Schools
Parochial, private
C
C
Public
P
P
Specialized education
CZ
CZ
CZ
and training
Residential, Day Care and
Visitor Accommodation
Uses
Live/work quarters
A
See Section
14.17.100(C)(9)
(Live/work quarters).
Caretaker's residence
CZ
CZ
CZ
CZ
Day care centers
CZ
CZ
CZ
CZ
Emergency shelters for the
homeless
Permanent
C
P/C
C
C
See Section 14.16.115
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-34
ZO10-001
Types of Land Use
I
LI/O
CCUO
LMU
Additional Use
Regulations
Rotating or temporary
C
C
C
C
Hotels or motels
C
C
Transportation facilities
Bus stations
C
C
C
Heliport
C
"Park and ride" facilities
CZ
CZ
CZ
Parking facilities,
commercial or public
CZ
CZ
CZ
Taxi stations
C
C
C
See Chapter 10.60
Transit stations or
transitways
C
C
C
Temporary Uses
Temporary uses
A
A
A
A
See Chapter 14.17
standards.
Accessory Structures and
Uses
Accessory structures and
uses customarily incidental
and contained on the same
site
P
P
P
P
See Chapter 14.16
regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-35
2010-001
CHAPTER 14.08 — MARINE DISTRICT (M)
10. Amend the Marine District Land Use Table 14.08.020 Residential and Visitor Accommodation Uses
`Emergency Shelter for the homeless, Permanent' to reference Chapter 14.16 for additional land use
regulations:
14.08.020 Land use regulations (M).
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.08.020
Type of Land Use
M
Additional Use Regulations
Marine Uses
Boat building and repair
C
Boat sales and rentals
P
Charter boat businesses
P
Clubs and lodges, including youth
C
groups, with a marine focus or purpose
(boating, fishing, study of marine
biology, etc.)
Contractor's shops related to marine
CZ
activities, including welding, small
machinery repair and marine engine
repair
Equipment rentals related to boating,
P
fishing, etc.
Fish and bait sales, retail
Indoors
P
Outdoors
C
Fishing enterprises, commercial and/or
C
recreational, including support facilities
(hoist, ice plant, storage, packing and
sales area and related offices)
Fishing supply stores, including bait
P
and stores
Fuel yards strictly for boats
C
Marinas, including boat slips, offices
C
(sales, management, etc.), harbor,
clubhouse, marine -related retail and
support services (restrooms, showers,
laundry, caretaker's residence, pump -
outs, etc.)
Marine electronics: sales,
C
manufacturing, assembly, testing or
repairs (including electrical,
electromechanical or electronic
equipment, or systems related to harbor
or marine activities)
_
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-36
2010-001
Type of Land Use
M
Additional Use Regulations
Marine industry sales, including boat
P
machinery, parts and incidental
hardware
Marine supply stores
P
Marine testing laboratories, research
C
and development facilities
Museum, marine -related
C
Offices, business support for marine
P
industry, including security
Outdoor storage, including temporary
CZ
or permanent storage containers
Parks with marine recreational features
P
or concessions
Schools, sailing, boating, etc.
P
Storage, boat (wet or )
P
Warehousing, strictly for storage of
CZ
boats, boat trailers and fishing ear
Yacht clubs
C
Commercial
Food and beverage service
establishments
Cocktail lounges (without food
C
service)
Food service establishments (with or
without incidental serving of beer or
wine) and without a cocktail lounge,
live entertainment and/or dancing
(1) 1,000 sq. ft. or less in size
_
P
2) More than 1,000 sq. ft. in size
UZ
Food service establishments with a
CZ
cocktail lounge, live entertainment
and/or dancing
Live entertainment and/or dancing
C
without food service
Outdoor eating areas
A
For outdoor eating areas on private property, see Section
14.17.110 standards. For outdoor seating areas located on
city sidewalks or rights-of-way, see Section 14.16.277
standards.
Retail and Office Uses
Retail and administrative, business and
P/C/A*
*See "Retail" heading in the General Commercial district
professional office uses listed as
for permitted and conditional retail and office uses. Non -
permitted or subject to use permit in
marine related office use allowed on second floor or above
general commercial district
in a mixed-use building. Ground floor non -marine office
use is not allowed.
Public and Quasi -Public Uses
Public utility facilities
C
Residential and Visitor
Allowed on the second floor or above in a mixed-use
Accommodation Uses
project.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-37
2010-001
Type of Land Use
M
Additional Use Regulations
Multifamily residential
A
Emergency shelters for the homeless
Permanent
C
See Section 14.16.115 standards._
Temporary
C
Home Occupations
P
See Section 14.16.220 (Home Occupations).
Live/work quarters
A
See Section 14.17.100(C)(9) (Live/Work Quarters
regulations).
Residential care facilities for the
handicapped
Small (0-6 residents)
P
Large (7 or more residents)
P
Residential care facilities, other
Small (0-6 residents)
P
Large (7 or more residents)
C
Rooming or boarding houses
C
See Section 14.17.100(C)(8) (Boarding House
regulations). Allowed on the second floor or above in a
mixed-use project.
Caretaker's residence
CZ
Hotels or motels
C
Transportation Facilities
"Park and ride" facilities
CZ
Parking facilities, public
CZ
Temporary Uses
Temporary uses
A
See Chapter 14.17 standards.
Accessory Uses and Structures
Accessory uses and structures
customarily incidental to a permitted
use and contained on the same site
P
See Chapter 14.16 regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-38
Z010-001
11. Amend the P/QP Land Use Table 14.09.020 to amend the Residential Uses `Emergency Shelter for
the homeless, Permanent' to reference Chapter 14.16 for additional land use regulations.
14.09.020 Land use regulations (P/QP).
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.09.020
Type of Land Use
P/QP
Additional Use Regulations
Public/Quasi-Public Uses
Public facilities
Administrative offices (city and county,
special district, public utility, etc.)
P
Libraries, museums and other cultural facilities
P
Public and utility facilities (corporation,
maintenance or storage yards, pump stations,
utility substations, storm drainage ponds, water
tanks, utility distribution facilities, etc.
C
Safety facilities (police, fire orparamedics)
P
Sewage or water treatment facilities, including
wastewater ponds and irrigation areas
P
Quasi -public service uses, including clubs and
other service organizations, which pursue or
provide programs such as day care, religious or
similar use
C
Schools
Parochial, private
C
Public
P
Business, performing arts, vocational
CZ
Use of school sites for other uses
C*
*May include: child care programs; educational,
recreational, cultural and religious classes,
programs and activities; administrative offices
incidental to educational service uses; churches;
counseling groups; and those .private business
uses which quality as home occupations.
Commercial Uses
Funeral and interment services
Cemeteries, mausoleums
P
Recreation facilities (indoors or outdoors)
C
Transportation Facilities
Bus stations, public
C
"Park and ride" facilities
CZ
Road right-of-ways, slope easements or similar
public improvements
C
Transit stations, public, or transitwa s
C
Residential Uses
Single-family residential
C
Duplex residential
C
2013 AMENDMENTS TO SAN RAFAEL MuNicEPAL CODE (PHASE II) A-39
Zo10-001
Type of Land Use
P/QP
Additional Use Regulations
Multifamily residential
C
See Chapter 14.17 standards.
Rooming or boarding houses
C
See Chapter 14.17 standards.
Home occupations
P
See -Chapter 14.16 standards.
Live/work quarters
A
See Chapter 14.17 standards.
Residential care facilities for the handicapped
Small (0-6 residents)
P
Large (7 or more residents)
P
Residential care facilities, other
Small (0-6 residents)
P
Large (7 or more residents)
C
Rooming or boarding houses
A
Family day care
See Chapter 14.17 standards.
Small (0-6 children or adults)
P
Large (7-12 children)
A
See Cha ter 14.17 standards
Large (7-12 adults)
C
See Chapter 14.17 standards
Emergency shelters for thq, homeless
Permanent
C
See Section 14.16.115
Rotating or temporary
C
Day care center
CZ
Temporary Uses
Temporary uses
A
See Cha ter 14.17 standards.
Accessory Structures and Uses
Accessory structures and uses customarily
incidental to a permitted use and contained on the
same site.
P
See Chapter 14.16 regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-40
ZO10-001
CHAPTER 14.12 — HILLSIDE OVERLAY DISTRICT (-H)
12. Amend Section 14.12.020 Hillside (—H) overlay district to refer to the General Plan land use
"designations"; not districts:
14.12.020 Criteria for establishment of hillside development overlay district.
A. These regulations shall apply to all lots with an average slope of twenty-five percent (25%) or
greater, or located in the hillside resource residential or hillside residential general plan land use
distfie4sdesi agn tions. The hillside development overlay district on the zoning map is placed on those lots
which are in the hillside resource residential or hillside residential general plan land use districts.
B. Lots with an average slope greater than twenty-five percent (25%) not shown in the hillside
development overlay district are presumed to exist in the city and are protected under all of the terms and
provisions of this chapter. Development on such lots requires compliance with the requirements of the
hillside development overlay district, except that such lots need not be rezoned to the hillside development
overlay district.
13. Amend Section 14.12.030.F & .H to incorporate parking and driveway design exception allowances
that have been routinely considered by the hearing body, consistent with the Hillside Design Guidelines
Manual and Hillside Design Guideline Checklist:
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 subsection G, Lot Standards, where the lot size standard of the underlying
zoning district applies when more restrictive than the subdivision ordinance.
A. Building Stepback. 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
twenty -foot (20') height limit measured from existing grade shall be observed within all areas within fifteen
feet (15') of the maximum building envelope limit. To allow for design flexibility, an encroachment into the
street front, street side and interior side stepback is permitted along twenty-five percent (25%) 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 (5') reduction in a front yard setback would
increase the rear yard setback by five feet (5').
C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage
figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural
state. This standard may be waived or reduced for lots zoned I'D (planned district) or developed with
clustered development with the recommendation of the design review board, subject to approval by the
hearing body. This requirement does not apply to properties where the general plan has adopted a medium
density residential or high density residential land use designation.
D. Gross Building Square Footage. The maximum permitted gross building square footage of all
structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited
to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum
gross square footage set at six thousand five hundred (6,500) square feet. This requirement does not apply
to properties where the general plan has adopted a medium density residential or high density residential
land use designation.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-41
ZO10-001
E. Ridgeline Development. Development of new structures within one hundred (100) vertical feet of a
visually significant ridgeline, as shown on the community design map of the general plan, is prohibited
unless this restriction precludes all reasonable economic use of the property. Exception: an exception to the
ridgeline regulation may be granted if the decision-making body makes the findings that:
1. There are no site development alternatives which avoid ridgeline development;
2. The density has been reduced to the minimum allowed by the general plan land use designation
density range;
3. No new subdivision lots are created which will result in ridgeline development; and
4. The proposed development will not have significant adverse visual impacts due to
modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the
visual impacts of the development, as viewed from all public viewing areas.
ILLUSTRATION 14.12.030
ILLUSTRATION OF RIDGELINE HOME STANDARDS
100 100
fCID6E
t -INE
NO BUILDING
WITHIN 100
VERTICAL FEET
F. Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2)
additional on-site parking spaces shall be provided (not on the driveway apron) for single-family residential
development. These spaces should be conveniently placed relative to the dwelling unit which they
predominately serve. This requirement may be waived, modified, or reduced by the hearing body when the
size or shape of the lot or the need for excessive grading or tree removal makes the requirement infeasible.
For lots with a steep downslope from the street the hearing body may approve an alternate parking design
that would allow vehicles to back out onto a street less than twenty-six feet (26') wide if there is adequate
sight distance and backup space provided (e.g., twenty-six feet (26') of combined paved area behind the
parking space), and it would reduce the need for excessive grading or driveway slope or tree removal, and
if recommended by the department of public works.
G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject
to the slope tables established under Chapter 15.07 of the subdivision ordinance.
H. Street and Driveways New street and driveway grades shall not exceed eighteen -percent (18%)
unless an exception has been granted by the hearing body and the design has been recommended by the
design review board public works director and fire marshall to allow a driveway or street slope up to a
maximum twen�five�ercent (25%) grade Streets and driveways with slopes over fifteen -percent (15%)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II)
ZO10-001
A-42
shall be a permanent, durable, non -asphalt hardscape surface. Streets and driveways with slopes over
eighteen -percent (18%) shall have grooves/scoriniz for traction.
1. Design Review Requirement. An environmental and design review permit may be required,
consistent with the requirements of Chapter 14.25, Environmental and Design Review Permits. All
applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-43
2010-001
CHAPTER 14.13 - WETLAND OVERLAY DISTRICT (-WO)
14. Amend Section 14.13.020 (Criteria for establishing the wetland overlay district) and Section
14.13.040 (Property development regulations) to be consistent with the wetland policies of the San Rafael
General Plan 2020 and to improve or clarify text for interpretation and application. Amended text io
read as follows:
14.13.020 Criteria for establishment of wetland overlay (-WO) district for identified and
unidentified wetlands.
A. These regulations shall apply to all lets properties located within the City of San Rafael wh:h
that contain wetlands . at_.a ..:thin the eity of San Rafael. el The wetland overlay district that is classified on
the Ci 's zoning map is phased applied and adopted on those lets properties which have contain wetlands
whiehr that have been identified and confirmed by the U.S. Army Corps of Engineers. An list of nets .,.a>7
inventory of properties that contain known and confirmed wetlands is available in the plannin
dep W"fitCommuni Development Department.
B. gma4l we4lanWetlands are known to exist throughout the community that are not identified or fiet
shown in the wetland overlay district as they are typically discovered and confirmed as part of a site-
specific assessment. Nonetheless, all wetlands aFe presumed to exist in the eity, are protected under all of
a >7 lI b a when theyare :ae„f:f:ea. A 1ropertv
the terms and provisions of this chapter,
containing wetlands that have been confirmed by the U.S. Army Corps of Engineers shall be rezoned to
combine the wetland overlay district with the base zoning adapted for the property.
C. Submerged properties and tidelands lots that are located within the wWater (W) dDistrict, v
requires compliance with the fellents provisions of the . WO District, except
that such lots properties need not be rezoned to the wetland ever -lay dist"' —WO District.
15. Amend Section 14.13.040 (property development standards) to address the current San Rafael
General Plan 2020 wetland policies and to improve the text language for easier interpretation. The
revised text is proposed as follows:
14.13.040 Property development regulations (-WO).
The required and applied Ddevelopment standards shall be those standards adopted —for
underlying zoning district with which a •• efla- a eve -lay distrie —WO District is combined, provided that
the following additional requirements shall apply brei} and shall govern where conflicts arise.
A. Structures in Wetlands. Any structures that are allowed to be placed in wetland areas (see per
Section 14.13.030(A)) must be designed and constructed to minimize adverse impacts on wetlands through
construction on pilings to allow unobstructed flow of water, so as to preserve pfeserAng-the natural contour
of the wetland and to minimizixge impairment, alteration or loss of wetlands.
B. Wetland Setbacks.
1. TheA wetland setback shall be measured from the edge of a wetland, as determined eensist
with through application of the procedures in Section 14.13.05(A), Determination of wetland boundaries,
any struewfe. The setback from a creek or drainage way wetland, or from the San Rafael Canal, shall be
established and measured consistent with the provisions of Section 14.16.080, Creeks and other
watercourses of this title.
2. For wetlands which are neither creeks nor drainage ways, the wetland a development -free
setback of fifty feet (50') including but not limited to paving and structures shall be required. shall be -a
minimum of ik f et (5 0!)t A wetland setback of lap te ene hundred feet (1009 greater than fifty feet (50')
in width may be required on lets -properties larger than two (2) acres in size, as determined through the site
development review rp ocess.
3_h�eptien An exception to the minimum wetland setback requirement may be granted by the
planning commission for minor encroachments which would permit a setback reduction of no more than
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-44
2010-001
ten percent (10%) of the minimum setback requirement. A minor encroachment mawr�44he
planning eommission makes the finding provided that the following can be demonstrated by auaq lified
wetland expert to the satisfaction of the City:
4a. The pr-epesed reduced setback or minor encroachment adequately protects the valae
functions of the wetland to the maximum extent feasible, and habiteA to the sats 'fi^tion of the ei4y after -
review.
by the appropriate publi^ wildlife agencies and the publ.^. AF
-2b. The stFiet applieation of the setbaek requirement would substantially interfere wM
eeenomically,viable use of the prop^ ,z, The environmental values of the wetland will not be impacted bX
the reduced setback or minor encroachment.
City review of an exception from the minimum wetland setback requirement shall include consultation
with and consideration of comments from the appropriate resource agencies such as the State of California
Department of Fish and Wildlife.
C. Buffer A+easMeasures within Wetland Setback. Within the wetland setback -areas, appropriate
measures, such as fencing and screening, landscaping, , and natural
habitat areas are required in to minimize adverse impacts on wetlands and wetland
habitat.
D. Landscaping and Vegetation within Wetland Setback. Landscaping ,,.i.:eh is nen irwasive to
we4laad habiteA AM! be used in r-equiredwedand se4b eks and vegetation installed within the wetland
setback shall be native plant species that are indigenous to the area and selected to enhance and/or protect
habitat for the present wildlife species. Addi4ionally,
the use of nafive plan4s indigenous to the area is eneatiraged.
E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent
the disruption or degradation of adjacent wetlands. The planning department shall --equ re bBest-
management practices shall be required to minimize siltation, sedimentation and erosion, subject to
approval by the dDepartment of pPPublic wWorks. 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. Stormwater Runoff. Stormwater runoff systems shall be designed toD miflifflize the
volume of sterni-watef ftmeff to a wetland from a development ever the eidsting volume of runoff-, as we14
as maintain adequate water flows to the wetland so as to maintain its integrity; and 2) 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 plannip,gcommunity development
department,, planning division and the department of public works.
G. Fill. Loss of wetlands due to filling shall be strictly avoided, unless it is not possible or practical.
Any request for et use pemit for fill must demeastreAe tW the proposed Filling of wetlands is permitted
only when it is demonstrated and determined that, due to site constraints and unique site conditions, wetland
fill cannot be avoided by n r� reducing the size, scope, configuration intensi 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.
1. Mitigation for fill. If fill is ,,.,..voidable -it is demonstrated that wetland fill cannot be avoided,
the Pplanning Ccommission may approve a use permit for -to authorize this fill, provided that the filled
wetland is replaced, in-kind and on-site at a minimum ratio of 2:1 (two acres of new wetland for every one
acre of wetland that is filled). If it is not possible or practical to create new, on-site wetland, off-site, in-
kind replacement shall be required at a minimum ratio of 3:1. there shall be ^ mini... tim of two (2) am
wetlands efeated of restored, on site or off site, for every aere of wetland lost, All wetland fill and
replacement shall be reviewed and authorized consistent with the provisions of Section 14.13.080(C),
Required wetland restoration or creation, and Section 14.13.070, Findings.
finding theA.
1. The st-60 applieation of the r-eguWieas prohibiting fill would substmfially interfere
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-45
Z010-001
2. The wedand is iseiated and an aer-e of less in size, and there is no no less in quafAity ef quali4y e
mss.
2. Waiver. A waiver to the fill regulations may be granted by the planning commission for fill of
small wetlands that are 0.1 -acre in size provided that:
a. the wetland is isolated meaning that it is not within, a part of, directly connected with or
hydrologically -linked by natural flow to a creek, drainageway, wetland or submerged tidelands;
b. it is demonstrated by a qualified wetland expert the preservation of the wetland is not
practical as it would not result in a functioning, biological resources because of its isolation;
c. the city has determined that filling will result in a more appropriate and desirable site plan
for the project; and
d. the city consults with and considers comments received from the appropriate resource
agencies with wetland oversight (e.g., California Department of Fish and Wildlife and/or California
Regional Water Quality Control Board).
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 useable outdoor area may be granted consistent with Section 14.13.080(A), Incentives for
wetland creation.
I. 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).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-46
Z010-001
CHAPTER 14.16 — SITE AND USE REGULATIONS
16 Amend 14.16.010 to clarify its specific purposes and applicability, as additional development
standards that apply to uses in several districts:
14.16.010 Specific purposes and applicability.
Site and use regulations are development standards 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.
17. Amend Section 14.16.020 to preclude construction of an accessory structure on a lot without a
principal building, clarify that accessory structures count towards total lot coverage in addition to the
30% coverage limit for side and rear yards, summarize setback requirements and height allowances for
small and large accessory structures; remove limitation on number of accessory buildings in side yards,
minimum distance to aprincipal building and requirement for screening from view from the frontyard
or street; and add requirements for incidental collection boxes and windmills:
14.16.020 Accessory structures.
An accessory structure (i.e., a customarily incidental structure detached from a principal building on the
same lot) shall comply with all requirements for principal buildings with the following, exceptions and
additional requirementsthe following ^+^n''^"as:
0
,46) of the r-equired
Afear- yard areas.
B. 14eight. The height of an aeeessef), str-uetar-e -shall not exeeed fifteen �� r
), exeept noted inG. Alley Sethaek. An Sh-all be 1-n-e-ated a minimum of five feet I
D R t V NT d t t may 1 1requiredt' within fte t. arid.and the side
e
feet; pr-eviding tha it shall be at least three feet "'I '14rem the -main building. it shall
and, it may be built te the side pr-epef4y 4:k -+e -4t sha!A3e
ser-eened 4om view 4om the front ),afd of stfeet by a fenee and limited tE) the height of the ser-eeping fence.
Aeeessofy struetures shall not be leeated within both side yards. An aeeessoty strueture shall Ffleet sethae
requirements &F reveFse eer-ner- lots, Section 14.04.030(P).
F. Rear Yafd. A maximum of two (2) aeeessefy struetures may be loeated to the rear- of the fnain
building, provided the), shall be at least six feet (6') ffem aft), main building existing ef under- eenstmetio-n-
an the same lot or- any adjoining let. An aeeessofy stmeture shall meet sethaek r-equir-ements for- fe'ver-se
lots, SecAefi 14.04.030(D).
eharaeter- of the premises, and when eenstfueted eeneufr-ent with of subsequent to the pfineipal stT-ttetur-e md
ifl F t, •t4. all applicable oi„ oats of this title.
�
(120) square i�6et in size and ifieludes sanitafy f4eilities shall require (prior- to issuanee of a building permit)
eannet be Wilized as a seeand dwelling unit, unless it eemplies with the fequir-emeiits of Seoien
.
A Applicability. These standards shall apply to all zoning districts that permit accessory structures
e a structure detached from a principal building on the same lot as defined in Section 14.03.030), and
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-47
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shall be in addition to all other standards regulatingdevelopment of the site. Where any conflict is found to
exist, the more restrictive standard shall be an la ied.
B. Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent
to the construction of a principal buildingon n the property.
C. Building code compliance. Additional setbacks from property lines or adjacent structures shall be
provided where required to comply with applicable building codes, as determined by the Building Official.
D. Small Wind Energy Systems. Small wind energy ystems shall be permitted as regulated under
Section 14.16.305.
E. Residential Accessory Structures. The following standards shall apply to residential accessory
structures:
1. Front and Street Side Yard Setbacks.
a. Fountains, trellises, statues and similar decorative yard provements up to four feet (4' in
height, fences, small retaining walls and minor decorative entryway treatments as permitted pursuant to
Section 14.16.140.A.1, decks less than twelve-inches (12") above grade, and access driveways and
walkway may be located within the required front yard setback and/or street side yard setback;ron vided
that such accessory structure shall not conflict with the sight distance triangle of an intersections or
driveway required pursuant to Section 14.16.295.
b. No other structures or improvements shall be placed within a required front yard or street
side yard.
c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach
into an,, front or street side yard setback.
d. Accessory structures shall meet the setback requirements for reverse corner lots, contained
in Section 14.04.030(D).
2. Interior Side and Rear Yard Setbacks.
a. Zero-foot (0') Setback. The following accessory structures may be located within the
required rear and interior side ,yard setbacks, and up to the property line, subject to conformance with any
applicable building code limitations and provision of an unobstructed walkway clearance of at least three
feet (3') between above-grade accessory structures and adjacent buildings or the property line in order to
provide access around the primary building_
i. Accessory structures, unconditioned (e.g., not intended for human occupancy) with a
maximum floor area of one hundred twenty (120) square feet and up to eight (8') in height measured
from grade to roof peak;
ii. Fountains, trellises, statues and decorative yard improvements no taller than six feet
(6') in height;
iii. Retainingwalls alls up to three feet Q'j in height abovergrade (e.g., exposed wall height
above finished grade, as determined by the communi , development director);
iv. At-grade walkways and decks less than twelve-inches (12") above grade.
b. Three-foot (3') Minimum Setback. The following accessory structures may be located_
within three feet of the rear and interior side yard prope line:
i. Accessory structures greater than 120 square feet in floor area and up to fifteen feet
(15') in height measured from grade to roof peak;
ii. Fireplaces, barbecues, self-contained portable spas, spa/pool equipment (additional
setbacks and limitations on the placement of spa/pool pump and filtration systems shall be as specified in
Section 14.16.320);
iii. Uncovered decks twelve-inches (12") or more aboverg ade.
c. Pools/in-groundpas, A setback of at least three feet (3') or a distance equal to one-half the
depth of the pool, whichever is greater, shall be provided from the prol2eiu line.
d. Easements and Property Lines. No structure or portion thereof, including overhangs and
foundations, shall obstruct an easement or cross a prope , line.
e. Accessory Structure with Sanitary Facilities. A residential accessory structure that exceeds
one hundred twenty (120) square feet in size and includes sanitary facilities shall require (prior to issuance
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-48
nolo-ool
of a building permit) recordation of a deed restriction with the County of Marin to reflect that the detached
accessory structure cannot be utilized as a second dwelling unit unless it complies with the requirements of
Section 14.16.285.
f Mechanical equipment shall subject to additional screening and setback requirements, as
specified in Section 14.16.320.
3 Alley Setback An accessory structure shall be located a minimum of five feet (5') from an
aIle .
4 Coverage In addition to counting toward the total lot coverage limit that applies to all
structures on a parcel residential accessory structures shall not exceed a maximum of thirty percent (30%)
of the required side or rear yard areas Required front yard areas shall maintain at least forty -percent (40%)
pervious landscape area.
E Nonresidential Accessory_ Structures The following standards shall apply to accessory structures
where pennitted in a non-residential zoning district.
1 In a nonresidential district above ground accessor structures tructures are permitted when such
structures do not alter the character of the12remises and when constructed in conformity with all applicable
requirements of this title; including floor area ratio requirements of this Chapter 14.16, Chapter 14.18
(Parking Standards) and Chapter 14.25 (Design Review).
2 Shipping and Storage Containers Shipping and storage containers (e.g., containers), or
similar all-weather storage containers may be allowed within an outdoor storage yard that has been
approved consistent with the provisions of the underlying commercial and industrial district land use tables,
and section 14 17 120 (Outdoor storage) In all other instances a storage container shall only be considered
as a permanent structure that shall be subject to all of the underlyingzoning district development standards,
design criteria and provisions of this title (including floor area ratio requirements, parking standards, and
Chapter 14.25 [Design Review]) See section 14.17.130 (Temporary uses) for regulation of a storage
container proposed for a temporary use.
18. Add the following requirement for instg1lation of refuse enclosures on multi family, mixed-use and
non-residential development:
14.16.025 Refuse enclosure requirement.
Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-
family, mixed-use and non-residential development projects Refuse storage areas shall be adequately
screened from view. The refuse area enclosure shall be designed to meet the minimum recommended
dimensional standards of the local refuse collection agency, as well as any requirements of other agencies
responsible for review and permitting of the facility; such as Building Fire Public Works or County
Health See Section 14 16 020 for Accessory Structure standards and Chapter 14.25 for Design Review
requirements.
19. Add the following standards for homeless shelters in compliance with the General Plan 2020
Housing Element and State Law:
14.16.115 Emergency shelters — permanent.
A Purpose This section establishes standards for location and operation of a permanent emergency
shelter for homeless populations in compliance with California Government Code Section 65583, including
allowing shelters as a permitted use in some commercial and industrial district locations. This section is not
applicable.to temporary emergency shelters established by the City in response to an emergency event.
B Applicability. Emergency shelters to provide temporary housing and assistance for families and
individuals who are homeless shall be permitted as of right in the GC and LI/O districts generally bounded
by Bellam Boulevard and 1-580 consisting of those shaded parcels within this area, as shown on Map
14.16.115, and at other locations where conditionally permitted by the Land Use Tables of this Title,
consistent with the provisions herein.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-49
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Map 14.16.115
C. Findings Required. Where a conditional use permit must be obtained to establish an emergency
shelter pursuant to the Land Use Tables of this Title findings shall be made with regard to the performance
standards required herein in addition to the use permit findings required pursuant to Chapter 14.22:
D Performance Standards. An emergency shelter shall meet the followingdevelopment and
_performance standards:
1 On-site management and on-site security shall be provided during hours when the emergency
shelter is in operation.
2 Adequate external lighting shall be provided for security purposes (i.e., one foot-candle at all
doors and enMgys and one-half foot-candle at walkways and parking lots). The lighting shall be
stationary directed away from adjacent properties and public rights-of-way, and of intensfty compatible
with the surrounding area.
3 The development "a provide one or more of the following specific common facilities for the
exclusive use of the residents and staff:
a. Central cooking and dining, room(s).
b. Recreation room.
c. Counselingcenter.
d. Child care facilities.
e. Other support services.
4 Parking and outdoor facilities shall be designed to provide security for residents, visitors,
employees and the surrounding area and consistent with the requirements of Section 14.18.040 (Parking
Requirements).
5 A refuse storage area shall be provided that is completely enclosed with masonry walls not less
than five feet high with a solid -gated opening and that is large_enough to accommodate a standard -sized
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-50
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trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse
enclosure shall be accessible to refuse collection vehicles.
6. The agency or organization operating the shelter shall comply with the following requirements:
a. Shelter shall be available to residents for no more than six months. No individual or
household may be denied emergency shelter because of an inability to pay.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and
income.
c. The provider shall have a written management plan including as applicable, provisions for
staff training neighborhood outreach, security, screening of residents to ensure compatibility with services
provided at the facility, and for training, counseling, and treatment programs for residents.
7. No emergency shelter shall be located within three hundred feet (300') of another emergency
homeless shelter site; unless permitted through review and approval of a conditional use permit where it is
determined the additional shelter location is appropriate and necessary to serve the intended population and
would not result in an over -concentration in the community.
8. The facility shall be in, and shall maintain at all times, good standing with town and/or state
licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.
9. The maximum number of beds or clients permitted to be served (eating, showering and
spendingthg t) nightly shall comply with the occupancy limit established by the buildingcode.
20. Amend section 14.16.130 consistent with concurrent amendments to accessory structures provisions:
14.16.130 Exclusions to the required minimum yards.
A. Architectural features projecting from a structure such as fireplaces, cornices, eaves and canopies
may extend no more than two feet (2') into any required yard. Open and uncovered decks, landings Rlaees
or- eatside and/or stairways may project nomofean up to three feet (3') into any required side or rear yard
and no fner-e than u� to six feet (6') into any required front yard._Open uneovered decks t ^ger *weWe
inches (12") in height, Fet
B. These exclusions to required minimum yards may be combined with a Setback Exception granted
pursuant to Section 14.24.020.13, provided that a minimum yard area is maintained in keeping with the
character of the residential neighborhood.
C. Retaining walls less than few threefeet (4-} 3' or less in height measured from the tee �►€keall
top of the footing_to the top of the wall; and subterranean structures which are located entirely below both
existing and finished grade are allowed anywhere within the required yards: except as otherwise regulated
under Section 14.16.020 (Accessory Structures). Fountains, statues a -ad ethe,. deme , ive
ts, fetw feet (4') er- less in height, may be allowed withia the r-equir-ed front 5efd, aad si�E fee
(cy)or- less :., heigM may be allewed withinr-equir-ed side and rear
D. Elevated parking decks that are proposed to provided necessary driveway access, required guest
parking, and/or access to necessary walkways serving a single-family residence on a steeply downsloping
hillside lot (i.e. twenty-five percent (25%) or greater downslope from the street) y be permitted within
the required front yard setback. See 14.25 for design review requirements.
21. Amend section 14.16.132 consistent with concurrent amendments to accessory structures provisions:
14.16.132 Exclusions to maximum lot coverage. .
The following improvements are not counted as part of lot coverage: ground level landscaped areas, at
grade walkways, at grade including steps, and paved areas, uncovered patios and decks thirty inches (30")
or less in height, uncovered recreational and uncovered parking and driveway areas, paved parkin areas
reas
covered by solar Danel installations Dursuant to Section 14.16.307, Dlav and storage structures not requirini
a building Dermit that are one hundred and twentv (120) square feet or less in size and eight feet (8') or less
in height, and structures that are located entirely below both existing and finished grade, play and storage
stmetffes that are one hmdfed twenty (120) square feet or- less in size.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-51
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22. Amend section 14.16.140 to clarify fence height regulations, allow for replacement of legal non-
conforming fences, and to apply the sight distance requirement to all driveways and intersections:
14.16.140 Fences and walls.
This section establishes regulations for the height, location and materials of fences, retaining walls and
privacy walls. The regulations are intended to prevent fences or walls 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 is provided and maintained at street intersections and driveways.
A. The following height limitations shall apply to the height of fences and walls:
1. Residential Districts.
a. Fences not exceeding four feet (4') in height may be located within the front or street side
yard, provided that at least eighty percent (80%) of any portion of the fence above three feet (3') in height is
open and nonview obscuring (see illustration 14.16.140).
b. Retaining walls up to three feet (3') in height measured from exterior finished grade mU
be located within a required yard setback, provided that the wall shall not conflict with the sight distance
requirements of section 14.16.295.
c. Retaining walls over three feet (3' in height shall not be permitted within required yards
except when recommended by the design review board for development on a hillside parcel (i.e., property
that contains a slope of twenty-five percent 25%) or greater or designated —H Overlay) to minimize
grading and/or tree removal impacts. Retaining walls located outside of required setbacks shall otherwise be
reviewed subject to the regulations that apply to an accessory structure in Section 14.16.020.
d. Fences not exceeding eight feet (8') in height may be located in an interior side or rear
yard, and subject to additional provisions of subsection C below.
e. Minor decorative entryway treatments no taller than eight and one-half feet (8.5') in height,
such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that there is
no vehicular view obstruction Le, adequate sight distance shall be provided and maintained pursuant to the
provisions of Section 14.16.295).
Illustration 14.16.140
FE N: t: r; E, �iT
2. Recreation Fences. Fences for swimming pools are subject to the requirements of the building
code. Fences for tennis courts may shall not exceed maximum height limits established for accessory
structures, and in no case shall exceed twelve feet (12').
3. Measurement of Height. 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 maximum height limits, except for minor decorative entryway treatments.
4. Exception. An exception to the residential fence and walls height standards may be allowed,
subject to the provisions of Chapter 14.24, Exceptions. Exceptions for height should include a landscape
setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a
taller fence or wall along the streetscave. A minimum setback buffer of six inches (6") should be provided
for each one -foot (1') of increased height.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-52
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B. Sight Distance. Fenees ,,...,b...........that . _.,u__ visibility and the ------ ---a- --- and egress e
vehieles or- pedes#iafls shall not eKeeed a height ( ) within fifteen fee4 (151) eA any
intffsee6ea, or- within the sight distanee triangle ef a driveway as de4eFmined by the #affie e —i
Fencing, vegetation and retaining walls located near a driveway or street intersection shall not conflict with
the vision triangle requirements established to assure adequate sight distance is maintained for vehicles and
pedestrians pursuant to the provisions of Section 14.16.295."
C. Permits Required. Fences over six feet (6') shall be subject to administrative environmental and
design review, Chapter 14.25 of this title. Note: A building permit May be is required for fences over six
feet (6') in height and retaining walls over three feet (3' or that support the adjacent hillside or property
improvements as determined by the building code.
D. Replacement of Fences and Walls. An existing, nonconforming fence or wall is subject to the
following regulations:
1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep
the fence or wall in sound condition.
2. Alterations and additions may be made to a nonconforming fence or wall, provided that such
addition or alteration is consistent with these fence and walls provisions.
3. No nonconforming fence or landscape retaining wall shall be moved or replaced at its n
leeatien unless it conforms to these fence and walls provisions except for certain residential fences as
provided below.
b fenee aJ r-eplaeed only if made te eaeafeffn to the &a�e r«
existing nonconforming residential fence that is located in a front yard or street side yard may be replaced
in the same location provided that:
a The fence was previously_ permitted or authorized by the City, or existed on or before
JanuM 1 1992 The property owner shall provide sufficient documentation including photographs, written
testimony, etc. to verify the pre-existing condition.
b The replacement fence may be rebuilt to its previously existing and documented height.
However, in no instance shall any replacement fence or wall exceed a height of six (6') feet, or three feet
(3') within the sight distance triangle of a .driveway or intersection.
c. The replacement fence, shall be consistent with the prevailing character of both sides of the
street for the length of the block (e.g., exhibiting a pattern of tall fences walls or hedges in the front yard
and/or street side yard).
d A landscape buffer should be provided consistent with the recommendations in subsection
A.4 above where it is determined to be feasible to do so,• between the fence or wall and adjacent sidewalk,
and/or from the top of any retaining wall and the fence. The purpose of the setback is to maintain visual
open space and minimize the appearance of a tall fence or wall abutting public rights of way.
e All necessM permits shall be secured from the ci (e.g., approval of a license agreement
or encroachment .permit if fence is located within the public right-of-way), and
f An administrative environmental and design review permit shall be obtained for
replacement of the fence.
E. Prohibited Materials. In all districts, concertina 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 any yard which fronts a
public street, right-of-way or waterway, except as may be required as an environmental mitigation measure.
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.
G Non -Residential Fences. An administrative environmental and design review permit shall be
required for all non-residential fences to assure the fence would conform to the design and development
standards of the underlying district.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-53
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23. Amend section 14.16.220 Home Occupations to implement the California Homemade Food Act
(AB1616), and clam that `animal keeping' for commercial purposes is generally not an allowed home
occupation, consistent with the provisions of Chapter 14.17.
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 instireensure
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 clearly 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 multiple -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 e, ¢
that a cottage food operation (as defined in the State of California, Health and Safety Code HSC 113758)
shall be permitted to have no more than one full-time equivalent employee, not including members of the
household.
2. No more than twenty-five percent (25%) 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. One vehicle, associated with the home occupation(s), may be kept on-site,
within a designated parking area, and shall not exceed two and one-half (2'/2) gross tons in unladen vehicle
weight provided that the business vehicle license number shall be indicated on the certificate of use and
occupancy permit home occupation or similar.
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. Nameplate 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
square foot in area, shall be nonilluminated, and attached flat to the main structure or visible through a
window. The limitation to one nameplate applies to all lots, including corner lots.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-54
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E. Examples of Uses that Frequently Qualify as Home Occupations. The following are typical
examples of uses which often can be conducted within the limits of the restrictions established in this
chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited
to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a
home occupation): accountant, architect, artist, attorney-at-law, author, beautician/barber, computer repair,
consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring,
insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair, and a cottage
food operation as defined in Section 113758 of the State of California Health and Safety Code, ( e.g.,
producing non -potentially hazardous foods in the kitchen of the residence for retail sale at or below sales
limits established by the State of California in compliance with all required environmental health permits
and clearances and with no more than one full-time equivalent employee not including members of the
household.).
F. 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 or
cannot operate in compliance with applicable licensing requirements or the home occupation performance
standards and thereby substantially impair the use and value of a residential area for residence purposes
(e.g., the use would generate impacts on the surrounding neighborhood that are more frequent than that
traffic associated with the business outside of normal daytime business hours or on Sundays, or other
impacts not Wically associated with a home occupation use such as excess vehicle parking or storage of
materials or equipment). Therefore the uses specified below and any use determined by the Community
Development Director to be similar in its operations or potential impacts, shall not be permitted as home
occupations:
a animal keeping for commercial purposes (such as commercial pet sitting boarding or animal
training);
b. auto repair, minor or major;
c. auto sales;
d! carpentry;
e. dance instruction;
f dental ef€Iees, or medical offices;
g. painting of vehicles, trailers or boats;
h_photo-developing; or photo studios;
L --private schools with organized classes;
j_.upholstering;
k_ fortunetelling.
1_A medical marijuana dispensary, which is not permitted as ., home eeeupatien in any district
within the city of San Rafael.l
in. Ffirearms dealer is + perfn•t4a as a home eeeupation in any ,gist. et within the eity of c.
Rafael.;
n. taxi service dispatch or vehicle tow service.
24. Add Section 14.16.225 to establish standards for kiosks and similar uses where permitted on
commercial and industrial properties:
14.16.225 Kiosks - temporary or permanent.
A Applicability. Operation and establishment of a commercial kiosk at a fixed location on private
property shall require submittal of an administrative use permit application, where such use may be
conditionally permitted under the Land Use Tables of this Title. These provisions do not apply to a
commercial eddler vendor or itinerant merchant activity that is not proposing to operate from a fixed
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-55
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location on a commercial site; which are not permitted to operate on private property. See Chapter 10.48 for
the regulations applying to a commercial peddler, vendor and itinerant merchant.
B. Standards.
1. A permanent retail kiosk structure shall be subject to compliance with all site and use, parking
and design review requirements of this Title.
2. Food and beverage kiosks shall include a Marin County Health Department letter of approval.
3. A movable food and beverage small trailer or cart may be permitted to operate on a
commercially developed site, where a kiosk use may be conditionally permitted by the land use tables of the
underlying district, subject to the recommendation of the Department of Public Works and a determination
that the activity would comply with the following standards:
a. The use would primarily serve existing customers, employees and commuters already
traveling to or in the area (e.g., pass -by and shared vehicular trips).
b. The use shall not obstruct required walkways, driveways or create traffic congestion in the
area.
c. Adequate parking shall be available for the primary uses on the property with the additoin
of the proposed kiosk use (temporary and permanent). The use shall not impact parking demand for the
primary use(s) of the site or obstruct access to required parking spaces, or have a negative impact on site
circulation.
d. A maximum of two employees including the owner shall be permitted to operate the facility;
except that an additional employee may be allowed as needed to provide traffic control.
e. The food and beverage equipment shall be apl2roved by the Marin Coun , Health
Department.
f. The trailer or cart associated with the use shall be moved and stored in a permitted screened
location on-site or at an approved off-site commissary location when the business is not in operation.
g. The use may be permitted to operate between the hours of 6AM to 9PM weekdays and 7AM
to 9PM weekends, and subject to further restrictions on the hours of operation as deemed necessary to
mitigate potential traffic or circulation impacts in the area.
25. Add Section 14.16.22 7 in order to codify past practices and apply the standards for light and glare
uniformly throughout the City, which arecurrently only reviewed for projects that are subject to design
review:
14.16.227 Light and Blare.
Colors. materials and lighting shall be designed to avoid creating undue off-site light and glare impacts.
New or amended building or site colors, materials and lighting shall comply with the following standards,
subject to review and recommendation by the police department, public works department, and community
development department:
A. Glossy finishes and reflective glass such as glazed or mirrored surfaces are discouraged, and
prohibited where it would create an adverse impact on pedestrian or automotive traffic or on adjacent
structures; particularly within the downtown environs and in commercial, industrial and hillside areas.
B. Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view
off-site and avoid spillover onto adjacent properties.
C. The foot-candle intensity of lighting should be the minimum amount necessary to provide a sense
of security at building entryways, walkwaysnd parkin log tIn general terms, acceptable lightinglevels
would provide one foot-candle ground level overlap at doorways, one-half foot-candle overlap at walkways
and parking lots, and fall below one foot-candle at the property line.
D. Lighting shall be reviewed for compatibility with on-site and off -sight light sources. This shall
include review of lighting intensity, overlap and type of illumination (e.g., high-pressure sodium, LED,
etc.). This may include a review by the city to assure that lighting installed on private property would not
cause conflicts with public street lighting,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-56
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E Installation of new lighting fixtures or changesghtin ing tensity on mixed use and non-
residential properties shall be subject to Environmental and Design Review Permit review as required by
Chapter 14.25 LDesign Review).
F Maximum wattage of lamps shall be specified on the plans submitted for electrical permits.
G All new fighting shall be subject to a 90 -day post installation inspection to allow for adjustment and
assure compliance with this section.
26. Add Section 14.16 243 to codify past practices and apply general standards for screening of
mechanical equipment on rooftops or exterior yard areas of nonresidential buildings.
14.16.243 Mechanical equipment screening.
Equipment placed on the rooftop of a building or in an exterior yard area shall be adequately screened
from public view. See Chapter 14.16 for exclusions to maximum height requirements and Chapter 14.25 for
design review requirements.
27. Add Section 14.16.295 to establish general requirements for maintaining adequate sight distance at
intersections and driveways, currently only implemented for fences and vegetation:
14.16.295 Sieht distance.
Fencing vegetation and improvements shall be established and maintained only in a manner that does
not reduce visibility for the safe ingress and egress of vehicles or pedestrians within a required vision
triangle,e.g., fifteen feet (15') from the curb return at an rection or driveway, or as determined by the
director of public works In general fencingand improvements or vegetation located within the established
vision triangle (as determined below) shall not exceed a height of three feet (3') as measured above the
adjacent street pavement The vision triangle shall be kept free of any visual obstruction between a height of
three feet (3') to eight feet (8') above the street.grade elevation.
The typical vision triangle area shall be determined as follows:
Illustration 14.16.295
CURB RETURN
CURB RETURN
/ISION TRIANGLE
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-57
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For locations that have obstructions due to unique site constraints or topography, the vision triangle
shall be determined by the director of public works.
28. Add Section 14.16.305 to establish standards and allow `Small Wind Energy Systems' as a permitted
use in all zoning districts, except Open Space.
14.16.305 Small wind energy systems.
A. Purpose. This section establishes standards to regulate the design and placement of small wind
energy systems on public and private property to minimize the potential safety and aesthetic impacts on
neighboringpropeM owners and the community.
B. Applicability. Standards for small wind energy systems shall apply in all residential, commercial &
office, industrial, planned development, marine, and public/quasi-public zoning districts. Small wind energy
systems shall not be permitted in the parks/open space and water zoning districts.
C. Development Standards.
1. Height. Tower height of freestanding small wind energy system shall not exceed the
maximum height limit above grade established for principal structures in the applicable zoning district;
except as may be allowed through design review and consistent with the provisions of section 14.16.120.
The tower height shall not include the wind turbine itself. The total extended height shall include the
distance above grade to a blade tip of a wind turbine at its highest point of travel.
2. Setbacks. Small wind energy systems shall be located a minimum distance from all property
lines equal to one-half of the total extended height of the unit above grade or the roof mounting point.
Small wind energy systems may not be located in a front or side yard setback area.
3. Noise. Small wind energy systems shall operate within the noise limitations established in
Chapter 8.13 of the Municipal Code, except that these limits may be exceeded during severe wind storms.
4. Access. If a climbing apparatus is present on the tower within twelve feet (12') of grade,
access to the tower shall be controlled by one of the following means:
a. Removal of climbing pegs or rungs within twelve feet (12') of grade,
b. Installation of a locked anti -climb device on the tower,
c. Installation of a locked, protective fence at least six feet in height that encloses the tower,
or
d. Other means of security deemed comparable by the building official.
5. Lighting. No illumination of the turbine or the tower shall be allowed, except where required
by the Federal Aviation Administration.
6. Signage. No signs, other than the manufacturer's or installer's identification, appropriate
warning signs, or owner identification shall be allowed on a small wind energy Ustem.
7. Requirement for Engineered Drawings. Building permit applications for small wind energy
systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered
eered
drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.
D. Abandonment. A wind turbine which is inoperable for six (6) consecutive months or deemed
unsafe by the building official shall be removed by the owner.
29. Add Section 14.16.307 standards for solar installations, consistent with the City General Plan 2020
Sustainability Element (Policy SU -4), 2009 Climate Change Action Plan, Green Building Ordinance,
State Law, and City policies that support and encourage establishment of solar energy systems and solar
energy producers within the City:
14.16.307 Solar installations.
A. Solar installations on developed properties. As provided under federal law, installation of solar
panels on the roof of permitted structures and paved parking areas or on the grounds of developed property
that are intended to offset the energy demand of the use of the property and in compliance with all
2013 AMENDMENTS TO SAN RAFAEL MuNIcIPAL CODE (PHASE 11) A-58
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applicable zoning; district development standards shall be permitted by right, subject to issuance of a
building permit and ministerial review for compliance with the following standards:
1 An environmental and design permit shall not be required for a solar installation proposed on a
developed property consistent with the these provisions and Section 14.25.040.D.4.
2 A solar installation shall include all associated equipment, such as an inverter required to
convert power from direct current "DC" to alternating current "AC" and connections made between the site
and power grid equipment. Associated equipment does not include a substation.
3 The solar installation shall not be placed within any required front or exterior side yard setback
or within a required landscape area Further, the solar installation shall not require removal of any required
landscaping improvements or native vegetation that is within a required natural state area established
pursuant to the Hillside Overlay District regulations of Chapter 14.12. Landscaping modifications may
require design review approval, pursuant to Chapter 14.25.
4. Consistent with state law (Ca Civil Code Section 714.1 — Solar Rights Act, amended 2004),
private covenants conditions and restrictions (CC&R's) cannot prohibit installation of solar equipment on
buildinas.
5 The City may impose reasonable restrictions that do not significantly increase cost of s std ems
for solar heating more than 20 -percent or photo -voltaic more than $2,000, or decrease efficiency more than
20 -percent.
6 The City may require that panels be designed with low -reflectivity or glare -resistant surfaces to
the extent necessary to protect public health safety and welfare be placed as close to roof or grade surface
as feasible and provide screening; of the structural supports as deemed necessary and feasible,• subject to
limitations imposed by state law regarding impact upon the cost and efficiency of the solar energysy tem.
The facility may not be denied solely for aesthetic reasons.
7. Consistent with the provisions of State law, shade control protections, private parties can
resolve any disputes with respect to the Solar Shade Control Act (Ca Public Resources Code Div. 15
Section 25980 et. seq. Solar Shade Control Act) through a civil action.
B Solar energyproduction facilities for off-site power distribution A conditional use permit approval
shall be required to establish a solar energy production facility that is intended to produce energy for
distribution to thepower grid that is proposed other than on existing buildings or paved parking lots (e.g.,
solar power plant or "energy farm" as regulated under Ca Codes Public Utilities Code Section 2868-2869,
as it may be amended from time to time). So tar energy production facility(s) shall only be established where
"utility facilities" are listed as a conditionally permitted quasi public use in the underlyingzoning dig 'strict
land use table(s).
30. Amend section 14.16.320 to be consistent with concurrent amendments to the accessory structures
standards:
14.16.320 Swimming pools, hot tubs, and other residential equipment.
RT swimming poo1 shall o nl, „t., any F e t_ yard et1 aek ATS, 1-- tab shall o nl+ into any
required cont yard etl aek r be less than five feet rs>>_away fr-ofn . pr- petty 1: eNo pump or filter
installation air conditioning unit or similar mechanical equipment shall be less than five feet (5') from any
property line. If a pump or filter or mechanical equipment unit is located within fifteen feet (15') of any
bedroom window on an adjacent lot, a three (3) sided solid enclosure with baffles to screen the equipment
from the bedroom, or equally effective measure(s), shall be provided to reduce noise impact.
3L Amend section 14.16.360 to update wireless facilities regulations in an effort to streamline review
consistent with provisions of the Federal Telecommunications Act & Middle Class Tax Relief and Job
Creation Act of 2012, further encourage stealth design solutions, amend and downgrade review authority
for existing and stealth facilities, and extend the annual City RF review period from 3 years to S years:
14.16.360 Wireless communication facilities.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-59
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A. Purpose. This section establishes standards to regulate the design and placement of towers,
antennas, and other wireless communication transmission and/or reception facilities (hereinafter called
wireless communication facilities) on public and private property to minimize the potential safety and
aesthetic impacts on neighboring property owners and the community and to comply with applicable state
and federal laws including the Federal Telecommunications Act of 1996. To fulfill this purpose, this
section is intended to:
1. Establish review and approval requirements application submittal requirements and
development standards to regulate the design and placement of wireless communication facilities so as to
preserve the visual character of the city and to ensure public health and safety, consistent with federal law
and Federal Communications Commissions (FCC) regulations.
2. Acknowledge the community benefit associated with the provision of wireless communication
services within the city.
3. Encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single-use towers.
4 Allow the community development director, or delegated staff, to make certain determinations
under the provisions of this section.
B. Pers Zoning Review Required.
1. Ministerial Review.
a No discretionary use permit or environmental design review planning permits shall be
required for the following wireless communications facilities which shall be subject to a ministerial-level
review by the community development director to assure compliance with the requirements of subsections
G, H, I, J, K, L and M of this section:
i Co-located facilities on an existing approved monopole or tower structure that utilizes
or improves stealth design characteristics of the facility, and/or does not substantially increase the visible
height or overall dimensions of the structure and/or ground lease area; and
ii. Building-mounted facilities including modification to existing permitted facilities that
are architecturally compatible with and entirely integrated into the existing building facade (i.e., stealth
design). In general to be deemed architecturally compatible and entirely integrated with the building
fagade the modification shall utilize or improve existingroof-top oof-top screening solutions shall not increase the
building height and shall be flush with and designed to blend into the existing, building walls or facades.
b Ministerial review shall not apply to modifications of monopoles or towers, new building
additions extensions projections etc made to existing facilities which the community development
director determines would increase the visual impacts of the facility. This shall include extensions to height
of a facility that exceeds the height limits of the base zoning district. In such instances, an environmental
and design review permit shall be required for the stealth design modifications pursuant to theprovisions of
Chapter 14.25.
2. Discretionn Review. A zoning administrator level use permit and an environmental and
design review permit shall be required for the following new wireless communication facilities pursuant to
the requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review
Permits, consistent with the provisions of this section--
a. New ground-mounted facilities (towers and monopoles) or significant additions proposed
to existing facilities that would increase its visual height overall dimensions and/or lease area (e.g., more
than ten-percent (10%) increase in the existing permitted height overall dimension, lease area and
b An fy acility which in conjunction with existing facilities in the area, exceeds the Federal
Communications Commission (FCC) standards for public exposure for radio frequency emissions.
Minor additions or- fnedifieatiens to exisfing permitted f4eilities that will not signifieantly affeet fadiE)
r-equir-ements of a use permit by the eemmunity development direeten in suah ease, the minor- addition e
fnedifieeAien h ii be bjerat t an adfninistFa4iye level a n4al and ao _ .,
a e it
c The community development director may determine that minor modifications to an
existingfacilb shall be subject to an administrative level design review. In general, to be deemed a minor
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-60
Z010-001
modification the alteration or addition shall not significantly changeppearance of the existingfacility
or its stealth design or increase visual height overall dimensions or ground lease area by more than ten -
percent (10%).
d The community development director may elevate the project for review and action by the
planning commission or refer a project to the design review board for its recommendation, as .
determined necessary_to assure that that appropriate stealth designs are being proposed to the maximum
extent practicable that the facility location is suitable that development appropriately responds to its
setting and that the requirements of this section are substantially addressed.
C Appeals All discretionary decisions of the community development director, zoning administrator,
or the planning, commission may be appealed in accordance with the provisions of Chapter 14.28, Appeals.
QD. Application Requirements. Applications for a use permit and/or an environmental and design
review permit shall be initiated by submitting all of the following information:
1. A completed application form, signed by the property owner of .,,,*>1e fizoa agentor
accompanied by a letter of authorization that states the property owner has read and agrees to the
Conditions of Application, and accompanied by the required fee. Application procedures and processing
timeframes shall be in accordance with state law requirements and the procedural guidelines established by
the community development director.
2. Six (6) sets of materials and plans showing the following information:
a. Project Description. A complete project description, including the following information on
the proposed wireless communication facility:
i. Number and sizes of antennas and approximate orientation,
ii. Other technical information regarding transmission equipment such as maximum
power output and frequencies,
iii. Copy of FCC license,
iv. Heights of proposed facilities,
v. Equipment enclosure type and size,
vi. Materials and colors of antennas and any equipment enclosure,
vii. Description of towers or other structures necessary to support the proposed facilities,
and
viii. Description of lighting, signage and landscaping proposed.
b. Site Plan. A site plan showing the overall site and a detail of the project area on a twenty-
four -inch -by -thirty -six-inch (24" x 36") sheet of paper and an eleven -inch -by -seventeen -inch (11" x 17")
reduction, including the following information:
i. Vicinity map,
ii. Parcel lines of the subject parcel,
iii. Contextual map showing structures on adjacent properties,
iv. Location and names of adjacent streets and drives proposed to serve as access to the
facility,
v. Topography of the subject parcel and location of any drainages within or adjacent to
the site,
vi. Location of all existing buildings, structures, utilities, parking areas, significant trees
and other natural forms, or other features which might affect the proposed use of the property,
vii. Setbacks of proposed structures and improvements from the property lines,
viii.Location and height of required cuts and fills for the grading of land and any retaining
walls proposed,
ix. Location of proposed development including all towers, structures, buildings, utility
line extensions, driveways or roads, and parking areas,
x. Schematic drainage and grading plan, and
xi. North arrow, graphic scale, the applicant's name, assessor's parcel number and date
prepared.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-61
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c. Elevations. Elevations showing all sides of the proposed facility set forth on a twenty-four-
inch-by-thirty-six-inch (24" x 36") sheet of paper, and an eleven-inch-by-seventeen-inch (11" x 17")
reduction, including the following information:
i. Elevations and sections of the site displaying site topography, proposed facilities
including towers, equipment shelter and existing buildings,
ii. Wall, roof, tower and antenna materials,
iii. Fencing, air conditioning units and outdoor lighting, if any,
iv. Rooftop or building features such as vents, chimneys and antennas, and
v. Building or tower height as measured from natural grade.
d. Photo-Simulations. Photo-simulations of the proposed facility from key public viewpoints
based upon consultation with city staff. Photo-simulations shall display existing and proposed views in an
eleven-inch-by-seventeen-inch .(11" x 17"), or larger, format, with the dates shown when the base photo was
taken.
e. Landscape Plan. A landscape and irrigation plan, showing all existing and proposed
improvements, location of proposed plantings and type of landscape material, for proposed ground-mounted
facilities including equipment cabinets.
3. Alternative Site Analysis. An alternative site analysis is required if the proposed facility is:
a. Located within any district other than a commercial or industrial district;
b. Located within fifty feet (50') of a "Less Preferred Location," as defined in subsection
(G)(2) of this section (i.e., parks, open space or residential zoningdistrict);
c. Lacking stealth design; or
d. Not co-located with an existing approved facility.
The alternative site analysis shall be presented in a narrative form with supporting maps and other
graphics that identify the other site locations considered and rejected in favor of the proposed site. The
applicant shall provide supporting reasons why the alternate sites were infeasible and rejected, why co-
location or building-mounted location has not been pursued (if applicable), and why the proposed site is
superior from a technical or other standpoint to the others considered.
4. Future Co-Location. For new towers or monopoles, a signed statement that the applie Hitcarrier,
or its future successors, will cooperate with the city to allow future co-location of antennas at the proposed
site if it is approved and that the carrier has reviewed and agrees to comply with all post-approval
requirements of this section.
5. Story Poles. Story poles or mock-ups may be required if deemed necessary by the community
development director.
6. RFR Study and FCC Compliance Details. For the sole purpose of verifying compliance with
the FCC radio frequency emission standards, an emissions report which measures the predicted. and actual;
'abler levels of electromagnetic field radiation emitted by the proposed facility operating alone and in
combination with radiation emitted from other existing or approved facilities that can be detected at the
proposed facility site. Radiation measurements shall be based on all proposed (applications filed and
pending), approved, and existing facilities operating at maximum power densities and frequencies. The
study shall identify the existing and predicted electromagnetic field radiation in table form, identify any
measures required to comply with the FCC standards for predicted exposure levels provide a summary of
the conclusions of the report and provide details for any signage, barriers or similar mitigation that is
recommended or required. If mitigation is required, the details for signage, barriers or other physical
improvements shall also be included on the project plans prepared for the facility. It is the responsibility of
the applicant to determine the location and power of existing facilities.
7. Noise Analysis. A noise analysis for emergency generators or other noise-producing facilities.
8 Peer Review. The city may require a peer review of the project, conducted by qualified RF
engineering consultant selected by the cityand paid for by the project applicant, to confirm the adequacy of
the RFR study and/or technical design requirements of the facility.
D. Review A+Mer-ity. Auther-ity ever- the previsions and requir-ements of this Seetien shall lie with the
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-62
2010-001
1. Gemmunit�, Development Difeeter. The eemmunity develepmen4 dir-eeter or his or- her- designee
has the autherity to;
permit, and take action to appfeve, eenditionally appr-eve or deny an administfative level envir-onmental
and design feview pemit;
b. Refer applications to the design feview beafd for- adviseny review and reeofamendation; a -Rd
e. Hofer . plie.,tions to the pl v,,,: ,T „ f review and aet;.,,,
2. 'Design Review Beard. The design feview board shall seizve as an adviso body to the planning
eemmission, zoning administraler or eemmttni4�, development direeter en all use permit and eavir-onmental
a -ad design feview pefmit applieations with the exeeptien of applieations for minor additions of
fnedifieations to existing permitted facilities, as deser-ibed in subsee4ion (P)(1) of this seetion, whiek afe
subjeet to an administrative level envifenmental and design feview permit.
a. New ground m nted faeil:ties (tower -s of mon4oles);
b. Any f4eility, whieh in rVan'Jul-fleiion with existing faeilities in the area, e)ieeeds sevent�, five pefeent
(75-0,4) of the FCC standatd fee uI rI
e. Any applieation refeffed to them by the eemmunib, development direet
4, Zoning Administrator-. The zoning administrator- has the author -it), to appr-eve, eonditionally appfove
or- deny use peFmit and envir-onmental and design feview per-mit,applieations for the fellowi
a. Go laeated f4eilities on an existing appfeved str-tietufe; and
b. Building fneunted f4eilities.
5. Appeals. All deeisions of the eemmunib, development difeeter, zening administmter or- the
.
E. Exemptions. The following types of facilities are exempt from the provisions of this section:
1. Facilities for which zoning permit applications were approved by the city and/or building
permits were issued on or prior to the effective date of this section and which remain valid (i.e., not expired)
shall be exempt from the review and approval requirements of this section, except that fof the requirements
for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed
modifications to existing facilities shall be applicable;
2. Facilities owned and operated by public agencies; and
3. Proposed facilities that would be located entirely within a building and only serve that building.
F. Public Notice. Notice of a public meeting or hearing for a wireless communication facility subject
to a use permit and/or environmental and design review permit shall be given in accordance with Chapter
14.29, Public Notice, except that a public notice shall be mailed to all property owners within one thousand
feet (1,000') of any proposed facility that includes a tower or monopole. Public hearing and notice shall not
be required for minor modifications made to existing facilities that the community development director
determines, pursuant to the provisions of Section 14.16.360.B.3, would require only an administrative level
environmental and design review permit.
G. General Location Standards. The most desirable location for new wireless communication facilities
is co -location on existing facilities or buildings. All wireless communication facilities shall be sited to avoid
or minimize land use conflicts in compliance with the following standards:
1. Preferred Locations. The following list of preferred locations for wireless communication
facilities is in order of preference from most to least preferred: Industrial, public or quasi -public,
commercial and office zoning districts are the preferred locations.
2. Less Preferred Locations. The following less preferred locations are listed in order of
preference from most to least preferred: Parks or open space and residential zoning districts.
3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within
residential, designated open space or conservation areas unless sufficient technical and other information is
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-63
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provided to demonstrate to the satisfaction of the planning commission or zoning administrator that location
in such areas is appropriate, subject to the following findings:
a. The location of the proposed facility site is essential to meet the service demands of the
carrier and no other alternative co-location, existing development or utility facility site, or type of antenna
support structure is feasible. This shall be documented by the applicant providing a list of the locations of
preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure
these preferred sites, and the specific reasons why these efforts and measures were unsuccessful.
b. The use of a monopole for the proposed facility by itself or in combination with other
existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use
compatibility, visual resources and public safety.
4. Avoid Significant Buildings and View Sheds. Wireless communication facilities shall not be
located on historically or architecturally significant structures unless visually and architecturally integrated
with the structure, and shall not interfere with prominent vistas or significant public view corridors.
H. Design Requirements.
1. Co-Location. All new wireless communication facilities service providers shall co-locate with
other existing and/or planned new wireless communication facilities whenever feasible. Service providers
are encouraged to co-locate with other existing facilities such as water tanks, light standards and other
utility structures where the co-location is found to minimize the overall visual impact of the new facility.
2. Stealth Design. All wireless communication facilities shall have a stealth design to screen or
reduce visual impacts and blend the facility into the existing environment. Examples of stealth design are
facade-mounted antennas located within architectural features.so they are screened from view, or an
antenna design that mimics architectural features so they appear to be architecturallyiinte integrated as a part of
the building design, or facilities with colors and materials to minimize visibility such as a non-reflective
finish in a color compatible with the surrounding area. Stealth tower, monopole or building design should
seamlessly integrate with its setting and/or building farade..A seamless integration would include facade
mounted facilities that are flush with the existing building wall or window plane and that are finished to
match the existing textures and finishes or a high-_quality faux tree or similar monopole/tower design that
would match existing surrounding vegetation or site characteristics. Referral to the design review board
may be required to confirm whether a particular design solution would clearly integrate into an existing
building or site and meet the intent of stealth design.
3. Ground-Mounted Facilities. All new ground-mounted wireless communication equipment,
antennas, poles, dishes, cabinet structures, towers or other appurtenances shall be:
a. Co-located on existing structures to the extent feasible. Co-location is preferred over new
monopoles or other towers erected specifically to support wireless communication facilities unless technical
evidence demonstrates that there are no other alternative sites or feasible support structures or the use of a
monopole or tower would avoid or minimize adverse effects related to the view shed, land use
compatibility, visual resources and public safety.
b. Sited to be screened by existing development, topography or vegetation to the extent
consistent with proper operation of the wireless communication facility. Additional new, irrigated
vegetation, or other screening, may be required as a condition of approval.
c Designed using high-qualms techniques to minimum surrounding vegetation or features in
order to blend into the site to the maximum extent practicable.
4. Roof and Building-Mounted Facilities. Roof and building-mounted antennas and equipment
shall be:
a. Sited and designed to appear as an integral part of the structure or otherwise minimize their
appearance. Placing roof-mounted antennas in direct line with significant view corridors shall be avoided.
Where appropriate, construction of a rooftop parapet wall to hide the facility may be required.
b. Integrated architecturally with the stile-design, color, materials and character of the
structure or otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within
an existing or newly-created architectural feature (e.g., cupolas, dormers, chimneys or steeples) so as to be
2013 AMENDMENTS TO SAN RAFAEL MuNiciPAL CODE (PHASE II) A-64
2010-001
completely screened from view. To the extent feasible, building -mounted antennas shall not be located on
the front, or most prominent facade of a structure, and shall be located above the pedestrian line -of -sight.
c. Whenever possible, base stations, equipment cabinets, back-up generators, and other
equipment associated with building -mounted antennas shall be installed within the existing building or
underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or
otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend
with the surrounding natural and built environment.
5. Signage. No advertising signage or identifying logos shall be displayed on any wireless
communication facility except for small identification plates used for emergency notification and legally
required hazard warnings.
6. Waiver Request. A waiver from these requirements may be requested if the applicant can show,
by substantial evidence, that compliance with a particular requirement is technologically infeasible or
would result in an unreasonable interference with signal quality. The applicant will be required to prove that
there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review
conducted by a qualified RF engineering consultant selected by the City and paid for by the project
applicant.
I. Development Standards.
1. Height. The maximum height of building -mounted antennas shall be in compliance with the
height limitations for the zoning district in which they are located. An exception to antenna height may be
granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of
the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and
mechanical screening features related to wireless communication facilities, shall be regulated subject to
Section 14.16.120 of this chapter.
2. Setbacks.
a. Towers, guy wires, and accessory structures, including equipment cabinets, shall comply
with the setback requirements of the applicable zoning district. Towers and support structures shall be
located a minimum of two hundred feet (200) or at least three (3) times the height of the tower, whichever
is greater, from existing residential units or vacant residentially zoned property.
b. Building -mounted facilities may be permitted to extend up to two feet (2) horizontally
beyond the edge of the structure regardless of setback requirements through the application review process,
provided that the antenna does not encroach over an adjoining parcel or public right-of-way or otherwise
create a safety hazard.
J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night
maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting
shall be constructed or located so that only the intended area is illuminated and off-site glare is fully
controlled.
K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and
enhances existing vegetation and provides new landscape material to screen proposed facilities through the
following measures:
1. The emphasis of the landscape design shall be to visually screen the proposed facility and
stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible
with the predominant natural setting of the adjacent area.
2. Existing trees and other screening vegetation in the vicinity of the proposed facility shall be
protected from damage both during and after construction. Submission of a -tree protection plan prepared by
a certified arborist may be required.
3. All vegetation disturbed during project construction shall be replanted with compatible
vegetation and soils disturbed by development shall be reseeded to control erosion.
4. Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan.
The city may impose a requirement for a landscape maintenance agreement as a condition of approval.
L. Noise. Wireless communication facilities shall be constructed and operated in a manner that
minimizes noise. Noise reduction shall be accomplished through the following measures:
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1. Wireless communication facilities shall operate in compliance with the noise exposure
standards in San Rafael Municipal Code Chapter 8.13, Noise.
2. Normal testing and maintenance activities shall occur between eight a.m. (8:00 a.m.) and six
p.m. (6:00 p.m.), Monday through Friday, excluding emergency repairs.
3. Backup generators shall comply with the same noise standards referenced in subsection (L)(1)
of this section and shall only be operated during power outages, emergency occurrences, or for testing and
maintenance.
M. Radio Frequency Radiation (RFR).
1. RFR Standards. Wireless communication facilities operating alone and in conjunction with
other telecommunication facilities shall not produce RFR in excess of the standards for permissible human
exposure as adopted by the FCC.
2. RFR Report. Applications for wireless communication facilities shall include a RFR report,
prepared by a qualified expert, which identifies the predicted and actual (if available) levels of RFR emitted
by the proposed facility operating by itself and in combination with other existing or approved facilities
which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed,
approved, and existing facilities operating at maximum power densities and frequencies.
N. Post-Approval Requirements.
1. Validation of Proper Operation. Within forty-five (45) days of commencement of operations,
the applicant for the wireless communication facility shall provide the community development department
with a report, prepared by a qualified expert, indicating that the actual RFR levels of the operating facility,
measured at the property line or nearest point of public access and in the direction of maximum radiation
from each antenna, is in compliance with the standards established by the FCC for RFR.
2. T4weeFive-Year Review. The owner or operator of a wireless communications facilLty shall
participate in the measurement by the city of the RFR of the facility, which shall be conducted on a five (5)
year cycle.
that they shall participate in the fneastir-ement b , the city of the RFR of the facility, The requirement for a
thfeefive-year review shall be made a condition of approval for all wireless communication facilities. The
city will contract to perform the testing with a qualified expert and the owners or operators shall bear the
proportionate cost of testing for its facility. The city will establish procedures for:
a. Scheduling the thmefve-year review period;
b. Hiring an expert to perform RFR testing;
c. Collecting reasonable fees; and
d. Enforcement actions for nonpayment of fees.
3. Notification of Abandonment of Use. The owner or operator of an approved wireless
communication facility shall remove any abandoned facilities or restore the existing approved use of a
facility within ninety (90) days of termination of use.
4. Changes Affecting RFR. Any operational or technological changes to an approved wireless
communication facility affecting RFR exposures shall be reported promptly to the city, including any
change of ownership. The city may require new RFR testing within forty-five (45) days of notification.
5. Changes to FCC Standards. Owner or operators of all approved wireless communication
facilities shall make necessary changes or upgrades to their facilities in order to comply with any newly
adopted FCC standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after
notification of the changed FCC standards and the owner or operator shall notify the city in writing that the
upgrades have been completed.
6 Co-Location and Facility Upgrade Agreement. Owners or operators of all approved wireless
communications facilities shall agree to make their facility available for co-location with other carriers.
Modifications to the facility design shall be allowed to accommodate additional carriers on a site, as well as
to restore replace or upgrade any screening that is deemed obsolete and removed as a result of
modifications made to the primary site structure or concurrent with any upgrades proposed to the subject
facili .
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7 Owners or operators of all approved wireless communications facilities shall be responsible for
maintaining the effectiveness of screening of its facilities in compliance with project approvals This shall
include pursuing modifications of existing approvals as necessary, should changes be made to the site or
primary structure that would reduce the effectiveness of screening provided for the facility.
32. Amend section 14.16.3 70 to incorporate all existing and future updates to the Marin Municipal
Water District water -efficient landscape ordinance:
14.16.370 Water -efficient landscape.
A. Purpose and Authority. Effective January 1, 2011, certain new construction and rehabilitation
projects that include landscape and irrigation improvements are required to comply with water -efficient
landscape requirements and to monitor water usage for irrigation, as mandated under California
Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San
Rafael hereby adopts by reference, the Marin Municipal Water District (MMWD) Ordinance No. 414
(Water Conservation) as adopted and periodically amended, and designates MMWD, the local water
provider, to implement, enforce, and monitor the requirements of this ordinance. For projects that are
subject to the water -efficient landscape requirements, the city defers to MMWD to administer the
provisions of this chapter, which include:
1. The application and monitoring of a "maximum applied water allowance," that is established
for applicable projects.
2. The review of required landscape and irrigation plans, specifications and supportive documents
prepared for applicable projects for compliance with water -efficient landscape restrictions, including
limitations on the type and amount of landscape materials and plant species.
3. The review, inspection and approval of landscape and irrigation that is installed for applicable
projects to ensure compliance with the approved landscape and irrigation plans and specifications.
4. The post -installation monitoring of water usage for irrigation by applicable projects.
B. Applicability. The provisions of this section and the MMWD Ordinance tale -44 -4 -as adopted and
periodically amended are applicable to the following projects:
1. Any project that proposes pew or rehabilitated landscapes which are developer -installed in
single-family residential and all other residential developments, regardless of size, where the proposed
landscape area is equal to or greater than two thousand five hundred (2,500) square feet;
2. Any project that proposes new or rehabilitated landscapes which are homeowner provided
and/or homeowner -hired in single-family residential, two-family residential and multiple -family residential
developments, where the proposed landscape area is equal to or greater than five thousand (5,000) square
feet;
3. Any new nonresidential construction projects exceeding one thousand (1,000) square feet of
landscaped area;
4. Any project that proposes new or rehabilitated landscapes which are developer -installed in
nonresidential developments where the proposed landscape area is equal to or greater than two thousand
five hundred (2,500) square feet.
C. City Review of Applicable Projects. City review of applicable projects shall be processed as
follows:
1. Projects Requiring Approval of an Environmental and Design Review Permit. When an
applicable project is subject to an environmental and design review permit pursuant to chapter 14.25 of this
title, the landscape and irrigation plans required by and submitted with this permit application shall be
designed and prepared to comply with the provisions and requirements of MMWD Ordinance as adopted
and periodically amendedl'1&.-4474. The approval of an environmental and design review permit shall be
conditioned to require the applicant to provide written verification of plan approval from MMWD prior to
the issuance of a building permit and/or grading permit.
2. Projects Requiring a Building Permit and/or Grading Permit only. When an applicable project
is not subject to an environmental and design review permit but is required to secure a building permit
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-67
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and/or grading permit, such permits shall not be issued until the applicant has secured, in writing, MMWD
approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance as adopted
and periodically amendedNe-444.
D. Inspections and Post -Installation Monitoring and Enforcement. MMWD shall be responsible for:
1. Inspecting and approving all landscape and irrigation installed for applicable projects prior to
project completion and/or occupancy; and
2. Monitoring water usage for installed landscapes to ensure compliance with MMWD Ordinance
as adopted with amendment -WA 414. All enforcement actions for ordinance noncompliance or violations
shall be administered by MMWD.
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CHAPTER 14.17 — PERFORMANCE. STANDARDS
33. Amend Section 14.17.010 specific purposes to clarify that the intent of this Chapter is to impose
performance standards on uses subject to minor discretionary review:
14.17.010 Specific purposes.
Performance standards provide criteria for issuing administrative use permits and certain other use
permits that require minimal discretion and review, and to assure compliance with the performance
standards specified in this section. (See Chapter 14.21 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.
34. Amend Section 14.17.020 regarding non-commercial animal keeping in residential districts:
14.17.020 Animal keeping.
A. Purposes. Performance standards related to noncommercial 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. Applicability. Performance standards for the noncommercial keeping of animals as an ancillary
activity associated with a residential land use of property, including mammals, birds, reptiles and bees
unless specifically exempted by this subsection 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, and therefore are considered
to be permitted by right as an ancillary activity associated with a residential land use of properly:
1. Fish;
2. Three (3) or fewer domestic dogs, not including wolf -hybrids, over the age of four (4) months
per dwelling unit;
3. Ten (10) or fewer domestic cats over the age of four (4) months per dwelling unit;
4. Any number of domestic dogs, cats or potbellied pigs under the age of four (4) months;
5. Three (3) or fewer potbellied pigs (not including hybrids over seventy (70) pounds);
6. Four (4) or fewer hens (i.e., female domesticated chicken);
7. Ten (10) or fewer of the following:
a. Soft -billed birds (myna, toucan, toucanettes, not including ducks or geese), birds of the
Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries,
b. Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and
c. Nonnative, nonpoisonous snakes, chameleons and iguanas.
C. Bees. Keeping of bees on residential property shall be subject to review and compliance with the
following standards:
1. The bee -keeping use shall be limited to Apis mellifera (european/western common honeybees)
and must be an accessory use to a single-family dwelling;
2. The property owner must sign the application consenting to the bee-keepinguse on the
promm,
3 The applicant shall noti all adjacent owners and occupants of contiguous developed property
of the intent to keep honeybees at the subject property, and shall provide proof of notification to the
commurifty development department, planning; division.
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4. The maximum number of bee colonies (hives) that maybe kept per single-family dwelling shall
be limited to two (2) colonies on lots that are ten thousand (10,000) square feet and less in area, and four (4)
colonies on lots greater than 10,000 square feet in area.
5. Permit holders shall operate and maintain the bee -keeping use in accordance with recognized
best management practices that provide safe and healh, living conditions for the bees while actively
conducting inspections of colony(s) and avoiding nuisance impacts on surrounding properties and persons
(i.e., managing and controlling colonies to reduce occurrence of swarms) and protecting the public health,
safety and welfare.
6. The applicant(s) shall submit written evidence that they have obtained bee-keepin training,
aining,
which shall be subject to the satisfaction of the community development director.
7. A convenient and adequate source of water shall be available to bee colonies on the propert.;�at
all times.
8. Bee colonies shall be maintained in hives capable of inspection to determine compliance with
these standards, and shall consist of moveable frames and combs. Hives must be maintained in a sound and
usable condition at all times.
9. A bee hive box (colony) shall only be located within a fenced, private residential yard area
generally located behind the residential dwelling unit. In no event shall a bee hive box be located less than
ten feet (10',) from any residential property line and less than twenty-five feet (25', from any dwelling unit
on an adjacent property.
10. A barrier of at least six feet (6' in height consisting of a solid fence, wall and/or dense
vegetation shall be installed and maintained between the bee hire colony(s) and all abutting properties.
Fencing, walls and vegetation shall comply with the Fences and. Walls regulations of Section 14.16.140.
11. Hive entrances shall face away from the nearest residential property line(s).
12. Bee colony(s) shall be promptly and properly removed if the permit holder discontinues the bee
keeping use on the property.
13. Bee keeping permits are issued to the permit holder at the specific location identified on the
permit, and shall not run with the land. A new bee keeping permit shall be required for a new bee keeping
use to be operated by an existing permit holder at a different location, or for a new permit holder to keep
bees on a site that has been previously .used for bee keeping,
D. "Other nonexempt animals are subject to individual case review, and may be subject to the
following types of standards:
1. Requirements for identification of animal guardianship, such as tagging or microchipping;
2. Requirements for spaying or neutering of animals;
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 code enforcement manager or code enforcement officer,
or other code enforcement officials, and the county health officer;
8. Verification of receipt of appropriate California Department of Fish and Game permits;
9. Verification of required vaccinations.
In approving the application for an administrative use permit for the keeping of animals, the community
development 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.
DE.Findings. In order to grant an administrative permit for the keeping of animals the following
findings shall be made:
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1. Compliance with Applicable 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, Safety, 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.
8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects
nearby properties or the natural habitat.
EF. n f,ei4izat;en of Nonconforming Animal Keeping,
Or-dinanee No. i the ordinance eedified in this i
period, shall be subject to an amoi4iza4ion period
illegal,any stieh pr-epefty or dwelling unit shall beeome
title,required !a-nd use pefmit in eenfei:manee with this or- h6s applied for- an ex4ension of the ameAization
pefied as pfevided hereafter-.
2. The eeninitinity developmeat depaAmeRt shall publish and post a writ4en notiee at least ninety
(90) days pfief to the empir-ation of the amoffiza4ion pef i
units,unless the owners have applied for- and not been denied any requir-ed land use permit for- sueh pr-epefties of
or- appliedfor-rAe of the amortization period as pr-ovided 1 efeaft f.
3. The owner of any sueh fieneonfor-ming pr-opefty or dwelling unit may f4le an applieation with
the eammunity de el „t .de artme+t F + of the ,-t' at' r1 The 1; at:., shall
.,.. �v,'�ccnac��rrvrcrr�—arnvmz'ccccvir�enoa�c� :t.l:.,........,..,.. �...,...
b made in writing in a f appfove.7 by tl. eommufi't, development .d; et, and shall be_aeeoffl
e d
tinless the eemmunity development dir-eetor- deteFmines that geed eatise exists for- the late filing o
}�period,
the
4. Within &rty five (45) da�,s following r-eeeipt of a eompleted applieation for an ex4ension of the
ameftization pefied, the eammunity development dir-eetor- shall hold a publie hearing en the i
after- giving notiee to all pr-opert�, ewner-s within tht:ee hundred (300) feet of the prepefty. The eofnmtiai�,
development direetOF shall eensider the evidenee and testimony presented at the publie i
thereafter- gr -a -PA or deny an ex4easion. in r-ender-ing its deeision, the eommunity development direetor shall
detefmine whethef the noneonfer-ming pfopefty or- dwelling unit has been providedwith a reasonable
determines giat the amoftization period is not he/she shall pfeser-ibe an amoffization period th
i
irate with the investment ifivelved. The bur -den shall be on the applieatA fef the ex4ension to
establish that the ey.4ension should be gr-an4ed. No more than a single eidension may be grafited.
S. in making its detefmination on the appliemien for an i
dir-eetor- shall eonsider the following 1J
\ Thowner-investment i , dwelling it o prope.•t., improvements madaeeemmoe +
d + the neneonfofming animal lie
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-71
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sur -founding Mended;
A tl teat o ide orelevant t tt determination
„o eJ b.l ..t' t'
r
1. the investmefA iwvolved.
6. A eopy of the community development dir-ee4or-'s deeisio-44 Shal-l'be sent by regular fnail to the
applieant.
7. Any interested pefson may appeal the eommunity development 1
eouneil, within five (5) wor-king days after- the eommunity development 1
vvith the provision of Chapter- 14.28 of the Munieipal Code.
Declaration of Public Nuisance. The city council declares to be a public nuisance any lot where the
animal keeping is operating in a manner that is not in conformance with this section
where the amortiza4ien period as a noneonfeffning use has expired, and (a) no pefmit required by this fid -e
has been obtained or b) no ptj!�tapplieatieti fet: an extension of the afaeftization period is on file or- has
been gFanted
35. Amend Section 14.17.040 to delete the reference to "administrative" use permit review, to be internally
consistent with the higher use permit review levels required under the residential ad non-residential zoning
district land use tables:
14.17.040 Family day care home, large.
A. 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.
B. Applicability. 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 use permit process.
C. Standards.
1. Fences and Walls. For purposes of noise abatement, a six foot (6') 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 Play 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 seven a.m. (7:00 a.m.) to nine p.m. (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 (2) spaces is required in all cases.
5. Passenger Loading. 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 Licensing. All family day care facilities shall be state licensed and shall be
operated according to all applicable state and local regulations.
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36. Add Section 14.17.120 to establish regulations for outdoor storage:
14.17.120 Outdoor storage.
Outdoor storage may be permitted where the incidental storage of equipment and materials would be
apRropriate and related to a primary use or ongoing business operation. Such activities would typically be
associated with industrial and light industrial storage yards or utilily yard uses, and commercial contractor
or commercial building supply uses.
A The following standards shall apply to the establishment of outdoor storage uses on non-residential
properties where such activities are listed as a conditionally permitted use in the land use tables of the
underlying district.
1 Outdoor storage uses shall be screened from public view with fencing enclosure, structure and/or
landscaping as appropriate and necessary for the underlyingzoning oning district to provide a buffer between
adjacent uses and to screen the use from public view.
2 Outdoor storage shall not be placed within required yard setbacks landscape or parking areas
required for the use or site.
3 Outdoor storage may also be subject to design review, as required by Chapter 14.25.
B An "outdoor storage" land use is not permitted within a residential district. Temporary placement of
moving or storage containers or debris boxes on a residential property within a driveway or required yard
area, may be allowed for a limited duration generally not to exceed 90 days or as otherwise provided under
the terms of a building permit issued for the site.
37, Add Section 14.17.130.C.5 to "Temporary Uses " provisions in order to allow recycling or a -waste
collection events to occur with requiring a temporary use permit:
14.17.130 - Temporary uses.
A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or
less) of activities on privately or publicly owned property with appropriate regulations so that such
activities will be compatible with surrounding areas.
B. Applicability. Performance standards for specified temporary uses shall apply in any district where
a temporary use is a conditional use. Performance standards for temporary uses shall be administered
through an administrative use permit in all commercial, office and industrial zoning districts, or a use
permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an
approved or valid development plan). The following temporary uses are subject to performance standards:
1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for
periods not exceeding thirty (30) consecutive calendar days;
2. Trailers/mobilehomes that provide residences for security personnel associated with any
construction site;
3. Trailers/mobilehomes 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 plalgcommunity development director,
are compatible with the district and surrounding land uses.
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Temporary uses may be subject to additional permits, other city department approvals, licenses and
inspections as required by applicable laws or regulations. Temporary uses which may have specific
regulations specified in the municipal code include such uses as: Meetings, Assemblies and Parades in
Public Places (Chapter 5.70) and Carnivals, Circuses (Chapter 10.44).
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 seventy-two (72) hours and sponsored by the San Rafael business
improvement district;
4. Events which receive street closure approval from the city council.
5 Recycling or "e -waste" collection events conducted or sponsored by a public agency for the
purpose of collecting non -recyclable items such as electronics paint or other materials and preclude deposit of
such items into the sanitary landfill when located on a developed non-residential property for a maximum
duration of three (3) consecutive days and no more than (2) times annually (calendar year).
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.
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 community development
director.
In approving the application for an administrative permit for a temporary use, the planniftg community
development 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 Parking Facilities. Appropriate traffic control measures and adequate temporary
parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city
tfaffie-engin public works department 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 plannigcommunity development department, planning division.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment
shall be reviewed by the Planning community development department, =planning division for consistency
with base district regulations and other zoning ordinance requirements.
4. Sanitary/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 planni agcommunity development
department planningdivision.
6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to
the satisfaction of the plannigCommuni , development department, planning division.
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 community
development department, planning division.
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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 Safety. 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.
2013 AMENDMENTS TO SAN RAPAEL MUNICIPAL CODE (PHASE II) A-75
ZO10-001
CHAPTER 14.18 — PARKING STANDARDS
38. Amend Chart 14.18.040 to include parking rates for music studio that currently has no specified rate:
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 plunging community development director or public works 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 community development director may require the
submission of survey data from the applicant or collected by the Wig-communi development
department, _planning division at the applicant's expense. Parkin sg urveys conducted for this purpose shall
be subject to the review and recommendation by the department of public works.
B. Parking Modification. The parking requirement for any specific use listed may be modified so as to
provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such
modification shall require an application for a use permit and shall be subject to review by the community
development director and e4y *r-^ffie engineer -public works director, and approval by the zoning
administrator.
C. For properties located within the downtown parking assessment district, see also Section 14.18.060,
downtown parking assessment district, for additional information on parking requirements. For properties
located in the downtown, west end and environs area, see Section 14.18.061 (Downtown's West End and
environs), for additional information on parking requirements.
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.
E. For properties in the downtown area, residential parking is not required to be covered.
F. Off-street parking is not required for FAR increases up to ten percent (10%) of the building or
seven hundred fifty (750) square feet, whichever is larger, as granted under Section 14.16.150(G)(2)(b).
Chart 14.18.040
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-76
Z010-001
Use Classification
Off -Street Parking Required
Residential
Note: No parking is required for up to 3 units in the
parking assessment district, provided the units are an
infill addition to an existing nonresidential structure,
and that the units are 2 bedroom or less and no larger
than 900 square feet in size.
Single-family residential
2 covered spaces per unit.
Single-family residential, hillside
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 size
1.5 spaces per unit (including 1 covered space).
Downtown: 1 space per unit.
Studios (multifamily unit)
1 covered space per unit.
One -bedroom units
1.5 spaces per unit (including 1 covered space).
Downtown: 1 space per unit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-76
Z010-001
Two-bedroom units
Off -Street Parking Required
Parking
Downtown
San Rafael
1 space per 5 units. Note: Guest parking not required
downtown, unless within 200 feet of a residential
district.
Mobilehome parks
Assessment
(Outside District)
(Outside
Emergency shelters for the homeless,permanent:
District
1 space for each employee on maximum staffed shift
plus 1 s ace per five beds:
Downtown)
1 s ace plus staff parking.
Less than 900 sq.
1 space
1.5 spaces
2 spaces (1
Commercial and light industrial/office districts
ft.
1-10 beds
1 space plus staff parking.
covered)
2 spaces plus staff parking.
900 or more sq. ft.
1.5 spaces
1.5 spaces
2 spaces (1
Emergency shelters serving children and/or families
with children
1 space per family based on maximum program
capacity plus 1 space per employee on the maximum
staffed shift.
Residential care facilities for the nonhandicapped:
covered)
Use Classification
Off -Street Parking Required
Three or more bedroom units
2 spaces per unit (including 1 covered space).
Guest parking, multifamily
1 space per 5 units. Note: Guest parking not required
downtown, unless within 200 feet of a residential
district.
Mobilehome parks
2 covered spaces per unit.
Senior housing projects
.75 space per unit, or asspecified by use permit.
Emergency shelters for the homeless,permanent:
Residential district
1 space for each employee on maximum staffed shift
plus 1 s ace per five beds:
1-5 beds
1 s ace plus staff parking.
6-10 beds
2 spaces plus staff parking.
11-15 beds
3 spaces plus staff parking.
Commercial and light industrial/office districts
1 space for each employee on maximum staffed shift
plus 1 space per 10 beds:
1-10 beds
1 space plus staff parking.
11-20 beds
2 spaces plus staff parking.
2130 beds
3 spaces plus staff parking.
Emergency shelters for the homeless, temporary or
rotating
As specified by use permit.
Emergency shelters serving children and/or families
with children
1 space per family based on maximum program
capacity plus 1 space per employee on the maximum
staffed shift.
Residential care facilities for the nonhandicapped:
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 more 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, restaurant
or meeting facilities, etc.
Parking in addition to the hotel requirement is
required, as determined by a parking study. Parking
requirement as specified in use permit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-77
Z010-001
Use Classification
Off -Street Parking Required
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.
Day care center
1 space per five children. In addition, one of the
following must be provided and approved by the cry
tfa ffie efig or public works director 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 eity tfa€e
eaginee public works director for safety purposes.
General commercial uses
Retail sales (non-bulky items)
1 space er 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
1 space per 250 gross building sq. ft.
Animal care facilities
1 space per 300 gross building sq. ft.
Food and beverage service establishments, excluding
I space for each 50 sq. ft. of floor area intended for
fast food restaurants
public use.
Fast food restaurants
I 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 interment services
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.
Motor vehicle sales and service:
Coin-op washing
1 space at each washing stall and vacuum stall.
Gasoline stations
3 s aces per station, plus.
With minor repairs such as tune-ups, brakes,
2 spaces per service bay.
batteries, tires, mufflers
With mini-market area
1 space per 250 sq. ft. of gross retail.
Rentals
1 space per 500 gross sq. ft. of floor area plus 1 space
per 1,000 sq. ft. of outdoor rental storage area.
Repairs, major and/or minor
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.
Sales, new or used vehicles
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 I space per 2,000 sq. ft. open lot area,
whichever is greater.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 1I) A-78
2010-001
Use Classification
Off -Street Parking Required
Music rehearsal/recordin studios
1 s ace er 500 gross building sq. ft.
Personal service establishments
1 space per 250 gross building sq. ft.
Barber/beau shop/nail salon
2 spaces per chair or workstation.
Dry cleaning establishment
2 s aces 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 buildings . ft.
Poolhalls/billiards
2 spaces for each table or as determined through a
arking study.
Theaters
Parking study required. Parking subject to the
approval of the plannin community development
director or the hearing review body for the
develo ment.
Offices and related uses
Financial services and institutions
1 s ;ace for each 200 sq. ft. gross buildings . ft.
Downtown: 1 space for each 300 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 extended care
facilities
Parking study required.
Offices, excluding mental health practitioners
1 space per 225 gross buildings . ft.
Offices, mental health practitioners
1 space per 250 gross building sq. ft.
Administrative, business and professional offices
1 space per 250 gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building
sq. ft.
Industrial
Industrial uses
1 space per 500 gross building sq. ft.
Light industrial/office mixed-use: '
Light industrials . ft. of building
1 space per 500 gross buildings . ft.
Office sq. ft. of building
1 space per 250 gross building sq. ft.
Mini -storage
Parking study required. Subject to approval by the
plying communi . development director or hearing
review body for the development
Public utility facilities
Parking study required. Subject to approval by the
planning community development director or hearing
review body for the development.
Storage, warehousing and distribution
1 space per 500 gross buildings . ft.
Wholesale and distribution
1 space per 500 sq. ft. gross building sq. ft.
Marinas
3 spaces for every 4 boat slips. Plus parking for
support uses in the marina, such as restaurants or retail
uses.
Public/quasi-public uses
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-79
Z010-001
Use Classification
Off -Street Parking Required
Libraries, museums and other cultural facilities
Parking study required. Subject to approval by the
10-25
plannin community development director or hearing
r
26-50
review body for the development.
Public service and utility
Parking study required. Subject to approval by the
76-100
plannin community development director or hearing
101-150
151-200
review body for the development.
Religious institutions
1 s ace per 4 seats.
Schools (Note: The following are guidelines for public
schools)
Parochial, private
K-8
3 spaces per classroom or 1 space per 100 sq. ft. of
auditoriums ace, whichever is greater.
9-12
1 space for each 4 students based on maximum school
capacity, or asspecified by use permit.
Vocational, business trade schools
1 space per 150 gross buildings . ft.
Performing arts or other
1 space per 250 gross building sq. ft.
Transportation facilities
Bus stations, park and ride facilities, public transit
Parking study required. Subject to approval by the
stations
pla*ng community development director or hearing
review body for the development.
39. Add requirement to Section 14.18.045 for installation of electrical conduit for future electric vehicle
charging stations for new or substantially renovated parking lots of 25 or more spaces in compliance
with the City Climate Change Action Plan and General Plan 2020 Sustainability Element.
14.18.045 Designated parking for clean air vehicles.
A. Applicability. Parking spaces serving new nonresidential buildings shall be designated for any
combination of low -emitting, fuel-efficient, and carpool/van pool vehicles, as defined by Section 5.102 of
the California Green Building Standards Code, California Code of Regulations, Part 11 of Title 24.
B. Number of Short -Term Spaces Required. Parking spaces for clean air vehicles shall be provided in
accord with the following chart:
Total Number
of Parking Spaces
Number of Required
Clean Air Vehicle Spaces
0-9
0
10-25
1
r
26-50
3
51-75
6
76-100
8
I 11
�16
101-150
151-200
201 and over
At least 8% of total fl
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-80
ZO10-001
C. Parking Stall Marking. The following characters shall be painted, using the same paint for stall
striping, such that the lower edge of the last word aligns with the end of the stall striping and is visible
beneath a parked vehicle: "CLEAN AIR VEHICLE".
D Prewiring for Electric Vehicle Charging Stations. In new or substantially renovated parking
facilities of 25 or more spaces electrical conduit capable of supporting suitable wiring for an electric vehicle
charging station shall be installed between an electrical service panel and an area of Clean Air Vehicle
Parking Spaces as required by this section. The conduit shall be capped and labeled for potential future use.
40. Amend regulations for tree well size in Section 14.18.130.D to be consistent with changes to Section
14.18.160 (Parking lot screening and landscaping):
14.18.130 Parking facility dimensions and design.
D. Tree Wells. Tree wells shall have a minimum area of thirty-six (36) square feet and a minimum
interior width of six feet (6'), exclusive of curbs. See Section 14.18.160, Parking lot screening and
landscaping for additional landscape design standards.
41. Amend Section 14.18.160 to increase the recommended ratio of parking lot trees for smaller crown
diameter trees, redefine the objectives for tree distribution in parking lots to focus on shading paved
surfaces, encouraging trees distributed throughout the parking lot or clustered on the southerly and
westerly boundaries, recommend increased minimum planter widths for large trees, and add
requirements for soil treatment, landscape maintenance, solar shading and bio -filtration and a title for
Illustration 14.18.160:
14.18.160 Parking lot screening and landscaping.
New or substantially renovated parking lots with more than five (5) spaces shall provide landscaping in
accordance with the following standards. Substantially renovated parking lots shall be those for which
paving material and curbing is removed and the resulthig lot is reconfigured. The following provisions
shall also be used as guidelines for parking lot improvements on remodel projects.
A. Screening. Parking areas visible from the public right-of-way shall be screened to headlight height
through the use of landscaped A94 berms, low walls, fences or hedges in combination with trees and
plantings, or similar means. Fences, walls, and hedges need not be solid.
B. Minimum trees. A minimum of one canopy tree shall be provided for every four (4) parking
spaces Trees shall be distributed throughout the parking area to shade cars and paved areas. Clustering of
trees may be considered subject to approval of the decision making; body, where it is demonstrated that the
intent will be met to provide ample shading and screening of parking areas and enhance the visual
appearance of parking lots., shall b provided, and distributed th ghetA the par -king " to provide shade
for- eafs, enhanee the visual appeaFanee of par -king lots and sereen views of eaf,s 4em buildings whirsh
ever -look par -king areas. Clustering of trees within par -king lots may be eensi&r-ed, subjeet to the appr-ey
the planning direeter- (of the planning difee4er's designated appointee) or the appropriate hear -i —
body. The r-equirment for eanepy trees in par -king lets shall alse apply to the top level of paFking stmc4ures.
In downtown, this section does not apply to parking lots for twenty (20) or fewer cars, and the standards in
this section may be reduced for parking lots for twenty-one (2 1) to forty (40) cars, subject to
recommendation by the design review board and approval of a minor design review permit.
C. Planting areas shall have a i i t of thifty six (36) square feet and a minimum width e
feet (62) o.,,.',.sive of eur-bs. Tree Selection and Distribution. Parking lot trees shall be selected and located
to achieve maximum shading of paved surfaces through utilization of the followingtechniques:
1 Distribute trees uniformly throughout parking areas incorporating use of regularlypaced
finger islands (see illustration below) and landscape medians between parking rows to the extent
practicable.
2. Cluster trees on southerly and westerly perimeters of parkinglots.
2013 AMENDMENTS TO SAN IZAFAEL MUNICIPAL CODE (PHASE II) A-81
ZO10-001
3 Provide minimum tree canopy diameters of fifteen feet (15') and include tree species with large
canopy diameters e g greater than thirty feet (30').
4 Increase tree planting ratios as necessary to provide equivalent canopy coverage of the site
where less than half of the required trees are proposed as large canoe tree ree species.
D. >
or par -king lets shall be
eensider-ed, subjed to the approval of the planning dir-eetef (or- the planning dir-eeter!s designated appointee)
the + evie body. Minimum Size of Planting Areas and Tree Wells. Planting areas
containing_ trees and tree wells shall have a minimum area of thirty-six (36) square feet and a minimum
interior width of six feet (6') exclusive of curbs For large canopy tree species tree wells shall have a
minimum area of sixty-four (64)square feet and a minimum width of eight feet (8') exclusive of curbs, to
the extent this larger planting area is practicable and can be accommodated on-site.
E. Curbs and Wheel Stops A maximum overhang of two feet (2') shall be allowed for overhang of
vehicles into planting areas All planters and sidewalks located adjacent to driveways loading areas, or
parking lots shall be protected along the parking lot side with concrete curbs or wheel stops. Alternative
treatments may be considered subject to the approval of the community development director (or the
director's designated appointee) or the appropriate hearing review body.
F. Irrigation. Permanent, automatic irrigation systems shall be provided for all planted areas, in
compliance with Section 14.16.370 Water -Efficient Landscape.
G Soil Preparation and Verification Planting areas and tree wells shall be prepared by excavation to
a minimum depth of three feet 3') scarifying sides of tree wells (to promote soils integration, water
absorption and healthy rootrg owth), amendment of soil (as rec mmended based on soils analysis), and
compaction to no more than seventy --five percent (75%) within twelve inches (12") of a curb or sidewalk.
For parking lots containing twenty-five (25) spaces or more a licensed landscape architect shall monitor tree
well excavation soil preparation and tree planting and provide written verification to the Planning Division
that excavation soil preparation and tree planting have complied with the standards established by this
subsection to promote normal health treerg owth Such written verification shall be received by the
Planning Division prior to use of the parking facility and/or occupancy of the use.
H. Maintenance Landscaped areas associated with parking lots shall at all times be maintained in a
healthy and clean condition with replanting as necessaryto maintain compliance with the previously
approved landscape plan For parking lots containingtwenty-five (25) spaces or more the property owner
shall obtain a minimum one year maintenance contract and warranty for tree growth, and provide
documentation of such to the Planning_ Division prior to use of the parkin f�ty and/or building or site
occupancy.
I Parking Structures The top level of parking structures shall utilize light-colored/high-albedo paving
material (reflectance of at least 0 3) or utilize shade structures photovoltaic carports, landscaped trellises or
trees to achieve at least fify percent 50%) daytime shading.
PJ Bio filtration Persons owning or operating a parking lot gas station area of pavement or similar
facility developed with hardscape surfaces shall undertake all practicable measures to minimize discharge
of pollutants to the city storm drain in compliance with city standards including utilization of all best
management practices and the requirements of San Rafael Municipal Code Title 9.30 (Urban Runoffl
enforced by the department of public works To facilitate compliance with city storm drain pollution
discharge requirements, lmnovative landscape design concepts may be substituted for the above standards
subject to the approval of the appropriate heari+greview body, includinguse se of permeable pavers, bio-
swales at grade curbs and openings in curbs -to allow filtration of runoff through landscape areas.
Landscape plans and alternative measures shall subject to compliance with any recommendations of the
department of public works.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-82
Z010-001
Illustration 14.18.160
L *TA'lO`I CF rARf., Ki LO-
ti-X,
O-
ti- , 1�1-
42. Amend 14.18.170 to refer to new Section 14.16.227 light and glare standards:
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�as well
as to be compatible to the architectural design and landscape plan Light fixtures e.g. pole and wall -mount)
should be selected and spaced to minimize conflicts with tree placement andrg owth. (See Section
14.16.227 for additional standards on foot-candle intensity).
43. Add new "grandfathered" parking provision allowing renovation of parking lots which lose spaces to
meet landscape standards to not be considered nonconforming, provided the Department of Public
Works determines sufficient spaces will be provided:
14.18.240 Grandfathered parking.
A. No use of land lawfully existing on the effective date of the ordinance codified in this title shall be
considered nonconforming solely because of the lack of off-street parking, loading or bicycle facilities
prescribed in this chapter.
B. The number of existing required parking spaces may be reduced to achieve compliance with state
or federal disabled access requirements. In such instances, properties shall not be considered
nonconforming solely because of the lack of off-street parking prescribed by this chapter.
C. The number of required spaces within an existing parkin lot of approved or established prior to
adoption of this Section (i.e. ,insert date of adoption h may be reduced in order to achieve greater
conformity with the city urban runoff pollution prevention standards contained in San Rafael Municipal
Chapter 9.30,as required by the Department of Public Works and/or the parking lot landscape regulations
contained in Section 14.18.160, provided that the property owner can demonstrate to the satisfaction of the
Department of Public Works that sufficient parking and vehicle maneuvering will remain to support the
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-83
ZO10-001
intended uses of the subject property In such instances properties shall not be considered nonconforming
solely because of the lack of off-street parking prescribed by this chapter.
D. 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.
DRA nonconforming structure which has been damaged or destroyed more than seventy-five percent
(75%) 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.
U. Determination of the amount of parking improvements required to upgrade or improve existing
substandard parking conditions shall be made by the plamling communi1y development 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.
2013 AMENDMENTS TO SAN RAFAEL MuNiciPAL CODE (PHASE II) A-84
ZO10-001
CHAPTER 14.19 — SIGNS
44. Amend Section 14.19.070 temporary signs to allow for temporary window covering during
construction
14.19.070 Temporary signs.
The city recognizes that temporary signs are often used as a means of communicating messages,
whether commercial or noncommercial, as to certain temporary or short term matters or events such as
commercial promotions, special events or activities, elections and current events. The regulations in this
section are intended to allow the expression of such communications while minimizing the adverse
aesthetic or public safety impacts that may be caused by the uncontrolled proliferation and abandonment of
such signs, such as visual clutter, traffic obstruction and accumulation of debris. The following signs are
considered temporary and may be posted on site for a limited period of time in accordance with the
provisions of this chapter. Unless noted below as not requiring sign permit approval, temporary signs
require the approval of a sign permit prior to being installed or erected:
A. City -Installed Banners. Banners, signs, and associated supporting structures installed by the city for
events and announcements, which are placed across or over a public street, or affixed to street light poles.
The location, placement and provisions for such banners, signs and supporting structures shall be
established by standards and subject to fees, as set forth by resolution of the city council from time to time.
No sign permit is required.
B. Noncommercial Signs. Temporary signs bearing ideological, political or other noncommercial
message, including, but not limited to, political and election signs may be located on a site or place of
business. The total sign area permitted per site or place of business shall not exceed thirty-two (32) square
feet. Noncommercial signs may be displayed for a maximum of ninety (90) days per calendar year. Signs
relating to an election shall be removed no later than ten (10) days following the election. No sign permit is
required.
C. Real Estate Sale and Leasing Signs. Temporary real estate sale and leasing signs shall be subject to
the following:
1. On -Site Display. Ground -mounted or placed on the building, not exceeding five (5) square feet
and one in number per building for single-family, duplex residential and multiple -family residential uses.
On-site display signs shall not exceed twenty (20) square feet and two (2) in number for all nonresidential
uses.
2. Off -Site Display. A -frame or ground -mounted, placed off-site such as for announcement of an
open house, not exceeding five (5) square feet in size. Open house signs shall be permitted between the
hours of ten a.m. (10:00 a.m.) and seven p.m. (7:00 p.m.) on Saturdays, Sundays, Thursdays (brokers open)
and holidays, and shall be limited to five (5) in number.
3. No real estate sign shall be placed in the public right-of-way, which includes the sidewalk,
travel or parking lane and center median of a street.
4. No sign permit is required.
D. Special Function and One -Time Event Signs. Signs, posters and notices for special functions and
one-time events are permitted subject to the following:
1. A maximum of two (2) signs, not exceeding ten (10) square feet in area for each sign;
2. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on
utility poles, streetlights or fences located on public property;
3. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days
after the function or event;
4. In no instance shall a sign for a special function or one-time event be displayed for more than
thirty (30) days;
5. Signs displayed or placed in a window shall not exceed twenty-five percent (25%) of the
window area;
2013 ANmNDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-85
ZO10-001
6. No sign permit is required.
Examples of special function and one-time event signs include, among others, signs displaying a special
sale, grand opening,. business closing, garage, yard or estate sale, meetings, or fundraisers.
E. Temporary Banners. Banners may be displayed by businesses and uses on a temporary basis in all
zoning districts, except in the single-family residential, duplex residential and multiple -family residential
districts, subject to the following permit requirements and criteria:
1. A sign permit is required and must be obtained prior to the display of a temporary banner. The
submittal requirements for a sign permit for temporary banners are as follows:
a. A complete application form;
b. A photograph of the site showing the proposed location of the banner(s);
c. Three (3) sets of drawings denoting the banner, the location of the banner as it would
appear on the building or property, the total banner area (length and width), the linear street frontage of the
business or use for multiple -tenant buildings, proposed illumination and method of banner attachment.
These drawings need not be prepared by a professional architect or draftsperson, but shall include all
appropriate dimensions and/or scale;
d. A completed and signed (by the business owner) precitation form noting the term or
duration of time for display of the banner;
e. The required application fee for an administrative level sign permit.
2. All temporary banners shall comply with the following criteria:
a. One banner, up to a maximum size of thirty-two (32) square feet is permitted per business
or use frontage. Businesses or uses with two (2) frontages are permitted two (2) banners authorized under
one sign permit, provided that both banners have the same beginning and expiration dates, are each placed
on separate frontages, and neither banner exceeds thirty-two (32) square feet. Temporary banners shall be
excluded from the calculations of the maximum, total permanent sign area for a business or use permitted
by the sign ordinance (San Rafael Municipal Code Title 14, Chapter 19).
b. No banner, in whole or in part, shall include, via attachment or any other means,
windblown devices intended to attract attention such as posters, pennants, ribbons, streamers, strings of
light bulbs, spinners, balloons, or other inflatable objects.
c. Temporary banners maybe displayed for a maximum of sixty (60) days per calendar year,
which can occur all at once or in increments. A separate sign permit shall be required for each increment.
Extensions of an approved sign permit for a temporary banner may be granted, provided that the banner
does not change, the extension request is received in writing no less than two (2) working days prior to
expiration, and the maximum sixty (60) day time limit for display is not exceeded.
d. Banners shall be attached to the building. However, where a business. or use is set back
from the street, or where public visibility of the entrance of a business or use is limited or impaired, a
freestanding banner, supported by a temporary frame, may be placed on-site, between the property line and
the building entrance, in a landscaped or paved area.
e. No banner shall project above the eave line of the building.
f. If any part of the banner projects over public property, public right-of-way, or public
easement, a minimum vertical clearance of eight feet (8'), measured from grade shall be maintained,
provided that an encroachment permit or license agreement has been obtained for said projection.
g. A banner may project a maximum of four feet (4') from the outer surface of the building
(e.g., a banner placed on an awning), provided that it does not project to within two feet (2') of the curbline
of the street or vehicular roadway.
h. If a banner is illuminated, the illumination shall be located and directed so that it does not
create glare, or be capable of reflecting light or directing such light onto or into any adjoining or nearby lot,
structure or public right-of-way. When spotlights or floodlights are used to illuminate a banner, a reflector
shall be provided with proper shields or glass lenses concentrating illumination upon the area of the banner,
so as to prevent glare upon the street, sidewalk or adjacent property. Flashing lights that change color or
intensity are prohibited. All lighting shall comply with National Electric Code (NEC) requirements.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-86
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i. Banners shall be permitted for announcement or advertisement associated with the on-site
business or use only. This requirement shall be tenant -specific for multiple -tenant buildings.
j. Banners shall comply with the sign location and placement provisions of the sign ordinance
(San Rafael Municipal Code Sections 14.19.053(B) and (C)), which prohibits signs from obstructing exits,
windows and safety equipment, and requires that signs maintain adequate sight distance.
k. As regulated by Sections 14.19.080(F), (H) and (L) of this chapter, banners are prohibited
from displaying statements, words or pictures that are obscene or offensive to morals, are imitative of
official signs, or are likely to cause traffic confusion or traffic hazard.
F. Temporary Construction Signs. Maximum of two (2) in number per site and no more than thirty-six
(36) square feet per sign. No illumination is permitted. Examples of such signs include, among others, signs
displaying the construction project, the parties involved in the construction, and subdivision or development
sales. Such signs are subject to the approval of a sign permit and shall be permitted through the duration of
construction and sales and shall be removed no later than one month following completion of construction,
or following the last sale. This temporary sign provision does not apply to the required posting of a sign
giving notice of the city of San Rafael noise restrictions (Section 8.13.050).
G. Temporary, Portable A -Frame Signs in the Downtown Districts. The location, placement and
provisions for temporary, portable A -frame signs permitted in the downtown districts shall be established
by standards and subject to fees, as set forth by resolution of the city council from time to time.
H. Temporary Use Signs. Signs for temporary uses such as but not limited to outdoor, temporary or
seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location and
size shall be established with the use permit required for the temporary use, as required by Chapter 1.4.22.
Temporary use signs shall be displayed for the period of time established by the use permit.
1. Temporary Construction or Vacant Storefront Sims. Window film or similar covering that contains
an artistic graphic or message may be installed in storefront windows for the purpose of obscuring view into
a vacant or under construction tenant space within a building. Temporary window display signs may
include a non-commercial display such as artwork or commercial message announcing "under
construction" "coming soon" or similar information related to a project under construction. This signage
shall be subject to prior review and approval of a temporary sign permit by the Community Development
Director to assure that- sign content message size or proposed artwork design, materials, colors, type and
duration are appropriate and would enhance the appearance of the streetscape during the period of
construction or temporary vacancy. In general, any message content should not exceed twenty-five percent
(25%) of available storefrontIg azing and should not be installed for more than six (6) months (or for the
duration of a valid building permit).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-87
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CHAPTER 14.25 — DESIGN REVIEW
45. Amend Section 14.25.040 to require review of upper story additions over 500 square feet in size and
reflect amendments made to Section 14.16.360 (Wireless Communications Facilities):
14.25.040 Improvements subject to review.
No improvement subject to environmental and design review shall hereafter be constructed, located,
repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as
provided in this chapter. The following items shall be subject to environmental and design review permits,
whether or not a building permit is required.
A. Major Physical Improvements.
1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi -public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units, where the
addition constitutes more than forty percent (40%) of the total square footage of the building,
b. Additions and alterations to existing nonresidential structures where the addition is greater
than forty percent (40%) of the existing square footage. (Note: The community development director may
determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the
visual character or function of a building is subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more
existing dwelling units,
d. Second dwelling units, as prescribed by Section 14.16.285.C.9 whie>, o„+ai' are ineluded
in appef steFy additions to the pFinraipal resideRtiO dwelling whieh exeeed five hundred (500) square feet,
3. Major site design improvements, including but not limited to:
a. Subdivisions located on properties with an average slope of twenty-five percent (25%) or
greater, or with a general plan land use designation of hillside residential or hillside resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two
thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in
accordance with an approved and legally effective tentative and/or final subdivision map, and a legally
effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting
or filling.),
c. Landscaping as part of a development subject to major environmental and design review,
d. Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles
on a development subject to major environmental and design review,
e. Signs for a development subject to environmental and design review. The sign permit
application shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs;
4. Development subject to review as a major physical improvement pursuant to any other
provision of this title;
5. Murals and mural signs painted on the exterior surface of a wall of an existing or new structure.
6. Wireless telecommunications facility, as prescribed under Section
14.16.360.B.
B. Minor Physical Improvements.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-88
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1. New construction and modifications, including, but not limited to:
a. Any new residence or residential additions over five hundred (500) square feet in size,
size, or any modification that increases the height of the roofline, when located
on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside
resource residential and hillside residential general plan land use designations,
b. Any ,
opewaddition or modification that results in lifting the existing ground level floor of a residence to
construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See
Section 14.25.050.F.6. for design criteria),
c. Accessory structures, or additions or modifications to any residential structure located
within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a
roofline, or increases building scale and mass and is determined to be visible from off-site,
d. Additions to multifamily residential structures containing three (3) or more dwelling units,
where the addition constitutes forty percent (40%) or less than the total square footage of the building,
e. Upper story add4iefwNew two-story single-family and duplex residential structures
proposing an upper story level over five hundred (500) square feet in sizeef ���'< ^a
duplex residential See Section 14.25.050.F.6. for design criteria),
f. Upper -story additions to single-family and duplex residential structures over five hundred
(500) square feet in size (See Section 14.25.050.F.6. for design criteria),
g. Accessory structures on developed non-residential properties over one hundred twenty
(120) square feet in size,
h. Accessory structures on developed multi -family residential properties over two hundred
foa (240) square feet in size,
€i. New construction or reconstruction of boat docking facilities,
gi. Additions and alterations to existing nonresidential structures where the addition is forty
percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty
(1,250) square feet,
hk. Structures over the height limit, including flagpoles, aboveground utility distribution
facilities, including communications towers and public water tanks, windmills, monuments, steeples,
cupolas, and screens for mechanical equipment (chimneys are exempt);
il. Wireless communications facilities, as prescribed under Chapter
14.16.360.B.
2. Minor site design improvements, including, but not limited to:
a. Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards
per site per year, or -fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per
site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective
tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also
required where the principal use proposed is cutting or filling.),
b. Landscaping, exterior lighting, fencing, and retaining walls over three feet (T) high,
proposed as part of a minor physical improvement subject to environmental and design review,
c. Landscape revisions determined to be minor revisions to an existing hillside residential,
multifamily or nonresidential development, proposed as part of a minor physical improvement,
d. Parking and loading areas, including driveways, sidewalks and curb cuts, on a development
subject to minor environmental and design review,
e. Commercial parking lots, including private parking and new parking locations for uses with
insufficient parking,
f. Drive -Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for
regulations,
g. Signs for a development subject to environmental and design review. The sign permit
application shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs, of this title;
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-89
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3. Development subject to review as a minor physical improvement pursuant to any other
provision of this title.
C. Administrative Design Permits.
1. Decks, or additions to existing decks, higher than thirty inches (30") above grade, located on
residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside
resource residential and hillside residential general plan land use designations, except no review is required
for decks:
a. Less than a total of one hundred (100) square feet,
b. Not visible from the public street or adjacent properties, or
c. Replacing an existing elevated deck with a deck of same size and configuration;
2. New single -family residences located on a flag lot,
3. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size
or that include addition of a bedroom,
4. Conversion of a single -family residence to a duplex,
5. Design changes to projects that previously obtained Design Review approval. This includes
modifications to upper story additions, modifications to windows or architectural, site design or landscaping
changes. Based on the scope and potential impact of the change(s), the level of review may be increased by
the community development director.
6. Outdoor eating areas (as prescribed by Section 14.17.110
7. Minor exterior alterations to a structure or development, which are subject to environmental
and design review, that, in the opinion of the community development director, have minimal impacts on
the visual character or function of the building or development,
8. Satellite dishes over the height limit in a multifamily or nonresidential district,
9. Fences over six feet (6) in height (residential and nonresidential), and as set forth under the
criteria in Section 14.16.140
10. Nonresidential fencing proposed to be located in a front yard or between the principal building
and public street frontage(s),
11. Detached accessory structures located on hillside residential lots with slopes of twenty-five
percent (25%) or greater or located in areas with a general plan land use designation of hillside residential
or hillside resource residential,
12. Retaining walls over three feet (T) in height (measured from the top of the footing or finished
grade as determined by the community development director, to the top of the wallleweseexe)
located on a hillside lot as identified in Section 14.12.020 (-H hillside overlay district) of this title, or
located within one hundred (100) vertical feet of a ridgeline,
13. Minor landscaping or grading modifications to a hillside lot or ridgeline lot, including retaining
walls three feet (3') or less in height that would potentially impact the hillside character of the site, to assure
compliance with the -H overlay district property development standards,
14. Minor landscaping revisions to existing or approved multifamily or nonresidential development
that are determined to alter the character of the site,
15. Minor modifications to existing parking lots (reconfiguration or expansion),
16. Exterior repainting and refinishing on a development which significantly deviates from the
color scheme and/or palette previously approved through an environmental and design review permit, or on
structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are
not from the approved earthtone-woodtone list,
17. Outdoor storage areas,
18. Design changes to dwelling units that were existing or approved as of January 1991 and that are
being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or dwelling units that are
being replaced pursuant to Section 14.16.270.B.5 (nonconforming structures) of this title,
19. Modifications to properties in the Eichler-Alliance (-EA) combining district which increase the
height of roof structures by more than six inches (6") or change the roof pitch, including the creation of
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-90
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sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting,
but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage,
20. Rooftop equipment and screens visible from off-site,
21. Minor additions or modifications to a wireless communications facility, as prescribed under
Section 14.16.360.13,
22 Non-residential accessory structure one hundred twenty (120)square feet or less in size.
23 Ancillary detached accessory structures on a developed multi -family residential property two
hundred forty (240) square feet or less in size.
2-2-24. Development subject to review for an administrative design permit pursuant to any other
provision of this title.
D. Exceptions.
1. Single-family dwellings when sited on individual lots with frontage on a public street and not
otherwise subject to design review as listed above;
2. Ordinary maintenance and repairs;
3. New decks or additions to decks, except where review is required for decks located in hillside
areas as prescribed in Section 14.25.040.C, above;
4. Installation of solar panels on existing structures or grounds, as provided under state law and in
compliance with all applicable development standards;
5. The community development director may declare improvements which have been determined
to be minor or incidental within the intent and objectives of this chapter to be exempt from review.
46. Amend sub -Section 14.25.050.G.2 (Landscape Desijzn) only of the complete Section 14.25.050
(Review criteria), which is to otherwise remain unaltered and in full force and effect, to omit the
reference to a specific MMWD ordinance number, as follows:
2. Water -Efficient Landscape Design. Water conservation shall be considered and incorporated in
the design of landscape and irrigation plans for all projects. For projects that are required to provide a
water -efficient landscape pursuant to Section 14.16.370 of this Title, the landscape plan and supportive
materials shall comply with Marin Municipal Water District (MMWD) Ordinance -Ne -.4474, and future
amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for
irrigation.
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-91
CHAPTER 17.10 - DUMPING, DREDGING AND CONSTRUCTION WITHIN TIDAL
WATERWAYS
47. Amend Section 17.10.020 to replace tideland fill committee with `Department of Public Works':
17.10.020 Applicability and exceptions.
This title shall apply to all portions of San Pablo Bay and San Rafael Bay, tidelands, shorelines,
waterways, canals, beaches or salt marshes within the city which are below an elevation of 7.5 feet mean
lower low water datum and to contiguous land between that elevation line and either a point one hundred
feet inland or the nearest publicly maintained road, whichever is closer. The following items shall not be
subject to this title:
(1) Any structure, fill or excavation which is not within and which does not encroach on the tidelands
and waterways as defined herein;
(2) Any emergency work necessary to prevent or to minimize imminent damage to land or
improvements from floodwaters. Such emergency work shall be reported in writing within ten days after the
start of such work to the department of public works;
(3) Any structure, fill or excavation which the San Rafael department of public
works finds to be minor or incidental;
(4) Any structure,. fill or excavation which has been approved prior to May 17, 1971, as part of any
application, action or permit by the planning commission or the=,plying community development director,
except that such structure, fill or excavation shall not be deemed to have been approved for a building
permit. Where a development is subject to other provisions of the municipal code, approval of any fill,
excavation, or structure within the scope of this title, which is contained in the development, shall be
subject to the findings of subsection (4) of Section 17.10.040
(5) Any structure, fill or excavation which is behind secure dikes, which existed prior to June 16, 1971,
and which is normally not subject to tidal action by virtue of the dike, or which is only temporarily under
tidal action due to defective tide gates;
(6) Within creeks, estuaries and rivers the applicability of this title shall extend downstream from
certain defined points as follows:
(A) San Rafael Canal: The bridge at the northbound off -ramp of Highway 101 eastward (Irwin
Street),
(B) The north fork of Las Gallinas Creek; Highway 101 eastward,
(C) Any other navigable waters annexed by the city.
48. Amend Section 17.10.040 to replace tideland fill committee with `Department of Public Works'.
17.10.040 Procedure.
(1) Filing and Content of Application for a Tidelands Permit. Application for fill, excavation or
structures within tidelands as defined in Section 17.10.020 shall be made to the department of public works
in the form of a tidelands permit. The application shall include information showing existing and proposed
grades, extent and amount of proposed fill or excavation, location of all existing and proposed structures, a
tentative plan for the future development of the area, and sufficient detail to allow a determination of the
impact of the proposal on the navigability, appearance and safety of the waterways.
(2) Action by San Rafael fidel ad fill commi tee department of public works. If the application
includes only a structure and/or if the proposed fill or excavation covers less than one acre, the San Rafael
tidelaftd fill department of public works, consisting of the city manager or his designated
representative, the director of public works, chief building inspector, and the ming community
development director, shall approve, conditionally approve or deny the application within forty-five (45)
days after the filing date of the application, unless a later date is agreed to by the applicant. The fill
committee shall consider, in arriving at its decision, applicable regional and state plans for tidal waterways
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-92
2010-001
and the criteria, standards, and policies developed by agencies administering such regional and state plans.
The San Rafael tideland fill esemm tee-denartment of public works shall take the above action in meetings
open to the public. Interested parties shall have opportunity to present their views and such views shall be
evaluated along with data gathered from other sources. Failure of the fill committee to act within the
prescribed time shall constitute approval of the application.
(3) Action by Planning Commission. If the proposed fill or excavation covers one acre or more, the fill
committee shall report to the planning commission its recommendations. The planning commission shall
approve, conditionally approve or deny the application within sixty (60) days of the filing date, unless a
later date is agreed to by the applicant. The planning commission shall consider, in arriving at its decision,
applicable regional and state plans for tidal waterways and the criteria, standards, and policies developed by
agencies administering such regional and state plans. The planning commission shall take the above action
in meetings open to the public. Interested parties shall have opportunity to present their views and such
views shall be evaluated along with data gathered from other sources. Failure of the planning commission
to act within the prescribed time shall constitute approval of the application.
(4) Findings. The San Rafael department ofpublic works or the planning
commission shall approve or conditionally approve applications where it is found that:
(a) The encroachment of the tidelands is the minimum necessary to achieve the purpose of the
proposed work;
(b) The proposed fill, excavation or construction will not unduly and unnecessarily:
(1) Inhibit navigation, or access to publicly owned tidelands,
(2) Cause, or increase the likelihood of, water pollution,
(3) Cause, or increase the likelihood of, flooding of adjoining lands,
(4) Destroy, or accelerate the destruction of habitats essential to species of fish, shellfish and
other wildlife of substantial public benefit,
(5) Diminish the scenic beauty of the shoreline in a manner which will impede future
construction of parks, boat harbors and recreation facilities,
(6) Create a safety hazard in connection with settlement of fill or earthquakes, or
(7) Diminish natural waterways by siltation, sedimentation or bank erosion;
(c) The proposal is in substantial harmony with any adopted city general plan or specific plan;
(d) Public benefits will be created to offset some of the detriments which may be caused by the
nature of the proposal. However, this finding is not required:
(1) Where the application covers lands wholly above elevation 7.5 feet mean lower low water
datum, or
(2) Where the size or potential uses of the parcel are so limited that creation of a public benefit
would be unfeasible and where the amount and effect of fill, excavating or structures are minimal,
(3) If the water frontage of any presently existing parcel is less than two hundred fifty (250)
feet or its area is less than two and one-half acres, in the absence of any evidence to the contrary, it shall be
presumed that there will be no detriments which are required to be offset by public benefits.
(4) These public benefits may be realized, through development of new recreational
opportunities; or provision of new public access to the water; or enhancement of shoreline appearance; or
establishment of water transportation; or facilities for land or air transportation where all other alternatives
have been exhausted; or construction of water -oriented industry or development of marine food supplies or
other benefits considered by the planning commission to be of comparable importance.
(5) Filing Date. The filing date shall be deemed the date on which the department of public works
receives the last submission required as part of the application unless the director of public works or his
authorized representative agree in writing to an earlier filing date.
(6) Notices. Not later than ten working days prior to an application appearing before the body to which
it is initially submitted, notice of the time and place where the matter will be considered and a brief
description of the proposal shall be mailed to the owners of record of abutting properties on the adjoining
and opposite shoreline within three hundred feet of the proposed work, as shown on the latest county tax
roll. Failure to mail notice shall not invalidate any proceedings under this title.
2013 AAmNDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-93
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(7) Expiration and Extension of Tidelands Permits. A tidelands permit shall expire one year from the
effective date of the approval, unless a different expiration date is stipulated at the time of approval. Prior to
the expiration of such a permit, the applicant may apply to the department of public works for an extension.
The fill committee may make minor modifications of the permit at the time of extension if it finds that there
had been a substantial change in the circumstances surrounding the original approval. Extensions may be
granted for a period of no more than one year from the time of expiration of the original permit. If a
building permit or excavation permit was issued during the effective life of a tidelands permit the expiration
date of the tidelands permit shall be automatically extended to concur with the expiration date of the
building permit or excavation permit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-94
ZO10-001
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