HomeMy WebLinkAboutPlanning Commission 2014-02-25 #5CITY OF
Meeting Date: February 25, 2014
Agenda Item:
Case Numbers: Z010-001
Community Development Department — Planning Division
P. O. Box 151560, San Rafael, CA 94915-1560 Project Planner: Kraig Tam borrlfni (5) 485-3092
PHONE: (415) 485-3085/FAX: (415) 485-3184
REPORT TO PLANNING COMMISSION
SUBJECT: San Rafael Municipal Code Amendments Title 14 (Zoning Ordinance), Title 6 and
Title 17. Amendments to the Zoning Regulations, Animals and Title Tideland Permit
requirements (text -only edits), applying City-wide. Case Number(s): Z010-001
EXECUTIVE SUMMARY
The Planning Division is recommending edits to the San Rafael Municipal Code that would primarily
address the following goals:
• Implement state laws including housing requirements for providing emergency shelters for the
homeless, cottage food industry (for food related home occupations);
• Address sustainability with new solar energy, wind energy, electric vehicle charging stations and
parking lot landscaping regulations;
• Streamline discretionary review processes and reduce reviews (downgrade permits);
• General code updates for accessory structures, animal keeping, hillside and wetland overlay districts,
design review requirements, zoning code definitions and various minor revisions to regulations.
The code updates include changes to Chapter 17.10 (Tideland Permits) and Chapter 6.04 (Animals).
The proposed changes are identified and discussed in detail below. The revisions are not intended to
provide a comprehensive or significant update to the City zoning regulations, but rather address new
topics and update existing code provisions. This set of amendments represents a second round of
revisions to complement amendments adopted in 2010. The revisions include review of other City
departments, neighborhood interest groups and the Design Review Board. More detailed discussion of
the revised code sections has been provided in this report.
In addition, staff was asked to report back to the Commission regarding amendments made to the
Parking Ordinance, Chapter 14.18, West End.
This project has been noticed for discussion by the Planning Commission at its February 25 and March
11 meetings.
REPORT TO PLANNING COMMISSION - Case No: Z010-001
RECOMMENDATION
Staff recommends the following:
Page 2
1. At the February 25, 2014 meeting that the Planning Commission should accept the staff report
and a presentation by staff on the proposed amendments, conduct a public hearing, and continue
discussion of the amendments to its March 11, 2014 meeting.
2. At the March 11 meeting staff recommends that the Planning Commission consider adoption of
the draft resolution to the City Council recommending amendments to San Rafael Municipal Code
Title 6 (Animals), Title 14 (Zoning), and Title 17 (Tidelands Permits) as outlined in Exhibit 1-A.
BACKGROUND
The Community Development Department, Planning Division is responsible for conducting a periodic
review of the San Rafael Municipal Code (SRMC) Title 14 (Zoning), and consider whether a
comprehensive review or updates are necessary in order to respond to changes in state and federal
regulations, local policies, or updates to the City of San Rafael General Plan. The City Zoning Ordinance
underwent a comprehensive update in 2004, following adoption of the City of San Rafael General Plan
2020. Prior to that, the code was updated in 1991 following the adoption of General Plan 2000. This
current amendment is not comprehensive, but consists of selective revisions addressing amendments
made to the General Plan 2020 policies, changes in state requirements, and various staff initiated
changes.
In 2009, Planning Division staff had initiated a set of amendments to the zoning code as a general
'clean-up' effort, as well as to streamline certain types of discretionary review, broaden and improve
interpretations, and reduce the discretionary permit process for new and existing businesses in response
to the economic recession. The City Council adopted this group of amendments on June 21, 2010, by
Ordinance No. 1882 (File Z009-001). At that time, staff noted that additional amendments were being
considered that might require more detailed review and discussion by the Design Review Board,
Planning Commission and City Council (e.g., Phase II Amendments). Items identified for consideration
as part of Phase II included evaluation of the design review requirements for upper story residential
additions and consideration of revisions to the —H hillside overlay district regulations. Work on the Phase
II amendments was re-initiated in June 2012.
On September 17, 2013, at a duly noticed public meeting, staff presented a set of the recommended
Phase II zoning ordinance amendments to the Design Review Board. On October 8, 2103, November 5,
2013 and December 3, 2013 the Board discussed the amendments, requested and reviewed additional
information and provided its recommendation to the Planning Commission. The Board meetings can be
viewed at http://www.cityofsanrafael.org/meetings by selecting the desired Design Review Board meeting
date.
PROJECT DESCRIPTION
Municipal Code Amendments
The project primarily consists of amendments to the San Rafael Municipal Code, Chapter 14 — Zoning,
with minor amendments included to Chapter 6 and Chapter 17 of the Municipal Code. The Zoning
Ordinance is organized into the following Divisions and Chapters:
REPORT TO PLANNING COMMISSION - Case No: Z010-001 Page 3
Division I. General Provisions:
Chapter 14.01 Title, Components and Purpose
Chapter 14.02 Organization, Applicability and Interpretation
Chapter 14.03 Definitions
Division II. Base District Regulations:
Chapters 14.04 through 14.11 Land Use Tables and Development Standards for all City zoning
districts (i.e., Residential; Commercial and Office; Industrial; Planned Development; Marine;
Public/Quasi-Public; Parks/Open Space, and; Water)
Division III. Overlay District Regulations:
Chapter 14.12 Hillside Development Overlay District (-H)
Chapter 14.13 Wetland Overlay District (-WO)
Chapter 14.14 Eichler and Alliance Homes Overlay District (-E/A)
Chapter 14.15 Canalfront Review Overlay District (-C)
Division IV. Regulations Applying in All or Several Districts:
Chapter 14.16 Site and Use Regulations
Chapter 14.17 Performance Standards
Chapter 14.18 Parking Standards
Chapter 14.19 Signs
Division V. Administrative Regulations:
Chapters 14.20 through 14.30 Zoning Administrator Authority, Administrative Permits, Use
Permits, Variances, Exceptions, Environmental and Design Review Permits, Request for
Reasonable Accommodation, Amendments, Appeals, Public Notice and Enforcement
The amendments reflected in Exhibit 1-A would address the following Municipal Code and Zoning
Ordinance Chapters:
• Chapter 6.04 animal keeping permit requirements are proposed to be revised to be consistent
with the Zoning Code Chapter 14.17 Animal Keeping Regulations.
• Chapter 14.03 definitions are proposed to be revised to improve the existing list of definitions, to
coincide with other code changes, and to provide definitions for undefined terms. In particular,
Height Definition has been updated to provide a current definition and replace the outdated
Uniform Building Code (UBC) method of measurement.
• Chapters 14.04 through 14.11 include minor revisions to the land use tables and development
standards of several districts to be consistent with concurrent revisions proposed in the code, i.e.,
to add or modify land uses.
• Chapter 14.12 hillside overlay district standards are proposed to be revised to codify past
practices and clarify review requirements, consistent with the City Hillside Design Guidelines
Manual, as adopted in 1991.
• Chapter 14.13 wetland overlay district regulations are proposed to be revised to reflect
amendments made to the General Plan 2020 Conservation Element, regarding wetland
conservation. The entire chapter has also undergone a general update to its text.
• Chapter 14.16 proposes amendments to address revisions made to the General Plan 2020
Housing Element, in response to state law (SB2) requiring the City to permit Emergency Shelters
within the City, revise accessory structure and fence requirements, adopt standards to address
REPORT TO PLANNING COMMISSION - Case No: ZO10-001
Page 4
sustainability, including Solar and Small wind energy systems standards, revise review
procedures for wireless antenna facilities in response to amendments and rulings on the federal
Telecommunications Act of 1996 and the Middle Class Tax Relief Act of 2012, etc.
• Chapter 14.17 Performance standards sections including keeping of bees, outdoor storage and
temporary uses.
• Chapter 14.18 Parking lot screening and landscaping standards in in response to state laws
requiring the City to respond to global climate change, and adoption of the General Plan 2020
Sustainability Element.
• Chapter 14.19 Signs, specifically to allow temporary window signage during construction.
• Chapter 14.25 Environmental and Design Review to improve interpretations, past practice, and
consistent application of standards to properties throughout the City. (Consideration of
downgrading review of upper story additions has not been included, based on Boards
recommendation)
• Chapter 17.10 minor change is proposed to designate the public works director as responsible
for review of tideland permits, and delete reference to a tideland committee.
Amendment to the municipal code is a legislative action that requires a public hearing with an affirmative
recommendation by at least four Planning Commissioners and majority vote of the City Council at a
regular meeting. Draft edits to the current regulations are shown in Exhibit 1-A with deleted text stricken
out and new text in underline format. Staff requests comment on the proposed edits that include the
recommendations of the Design Review Board, and any additional revisions that might be recommended
for consideration before this is brought forward to the City Council.
Report on Prior Amendments to WEV Parking
Staff has provided a memorandum discussing the effects of the prior 2010 amendments to the WEV
downtown parking standards, as requested by the City Council and Commission, and which is discussed
further in the analysis section below.
ANALYSIS
As noted above, these amendments are selective and do not address all of the zoning ordinance
chapters. The current land use tables and development standards, which are the heart of the zoning
regulations, have been left substantially unchanged. Rather, the edits being brought forward are
intended to enhance implementation of the current zoning regulations and update the regulations to
reflect new city adopted policies or legislation that applies state-wide. A table has been provided to
evaluate the new regulations for consistency with the general plan. The zoning discussion provides the
analysis of the proposed text changes.
San Rafael General Plan 2020 Consistency:
Amendment of the Municipal Code is warranted where necessary to comply with state law and
implement the General Plan 2020. The attached Exhibit 2 identifies General Plan 2020 goals and
policies identified as pertinent to the proposed amendments. All of the recommended revisions have
been found to be consistent with the General Plan 2020. Draft findings for consistency have been
identified in Exhibit 1.
REPORT TO PLANNING COMMISSION - Case No: Z010-001
Zoning Ordinance Consistency:
1. Chapter 6.04 Poultry, Fowl and Domestic Animals
Page 5
Revisions to this chapter are proposed to delete requirements for permits and investigations to be
obtained from the city health officer for certain types of animal keeping, which are outdated. The city
contracts with the county for its animal control services, which is primarily handled by the Marin Humane
Society. There is no permit process in place through county health to implement the provisions of this
chapter. Rather, keeping of poultry, fowl and domestic animals are addressed and enforced through the
animal keeping regulations found in the Zoning Ordinance, Chapter 14.17. Staff recommends adopting
the edits to Chapter 6.04, as presented.
2. Chapter 14.03 Definitions
New and revised definitions have been proposed to coincide with new land use types, new standards
and to clarify some of the terms used in the zoning ordinance; such as providing new or revised
definitions for transitional housing, accessory structure and office, medical. (See Pages A-2 through A-6
of Exhibit 1-A). Most of the revisions are recommended to provide clarification and internal consistency
with code changes, while some are related to additional code revisions included in Exhibit 1-A.
Staff recommends adoption of the revised definitions, with further review and consideration given to the
proposed definition for "Height".
Height Measurement Definition
The most substantive change is considered to be the new definitions for "Height". The City has relied on
the Uniform Building Code as its basis for measuring non hillside construction. However, this method of
measurement has been revised since the City adopted the new California Building Codes. The Board
and Planning Commission both expressed concerns with this height measurement method, and
suggested a new method should be considered that provided more clarity and certainty; particularly for
complex large, multi-level buildings such as the multi -family residential development that was
constructed on the sloping site at 33 San Pablo Ave.
Staff had proposed to separate the hillside and non -hillside height measurement into two separate
definitions and provide illustrations to memorialize the current method of height measurement. The
Design Review Board had also asked staff to provide a review of definitions used by other agencies
throughout Marin. Staff had initially presented the Design Review Board with a revised definition for non -
hillside height that would memorialize the current UBC method of measurement. The Board suggested
that this method should be eliminated and replaced with a new measurement practice that would be
simpler and more in keeping with practices used throughout the County. The definition for non -hillside as
presented and removed by the Board, and the definitions used by other Marin planning agencies are
provided as follows:
A. Definition for Non -Hillside Height based on UBC (Not Recommended by DRB, and
removed from the draft amendments)
"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 highestabg le of
apitched 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
REPORT TO PLANNING COMMISSION - Case No: ZO10-001
Page 6
above the lowest adjoining sidewalk or ground surface within a 5 -foot horizontal distance of the exterior of the
building. (See Figure 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 2BI.
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.
Figure'
Determination of reference datum
Elevation
linos
V_0•
—
Exterfuwall H
of bWWing ( i t ? _ -- point of 1
Lax _ t _ �t-_-.__- f •.
potnl
Figure 2
Building height by Building Code provisions
Heighl
of r
sutldng
[ 6•p k
Figure 2A
Figure 3
Building height for various roof types
j 1I ueo
l --
Gable
'F
Height
of
BuildiN
M
Figure 2B
UBG
Hip
UBC UBC
IAanserd Mansard
i
UBC UBC
I._ —.. __ ._1 —... ._
Gambrel Shed
REPORT TO PLANNING COMMISSION - Case No: ZO10-001
B. Definitions used in surrounding Cities and the County
Page 7
County of Marin
Height of building means the vertical distance from the natural or finished grade to the highest
point of the structure. Maximum height is measured from natural or finished grade to an imaginary
plane located the allowed number of feet above and parallel to the natural or finished grade. Any
structure built prior to April 8, 1980, shall be exempt from becoming nonconforming, with respect to
height, by the application of this section.
Grade means:
1. For buildings adjoining one street only, the elevation of the sidewalk at the center of that
wall adjoining the street.
2. For buildings adjoining more than one street, the average of the elevations of the sidewalks
at the centers of all walls adjoining streets.
3. For buildings having no wall adjoining the street, the average level of the finished surface
of the ground adjacent to the exterior walls of the building.
4. All walls approximately parallel to and not more than five feet from the street line shall be
considered as adjoining the street.
City of Novato
Height Measurement. The maximum allowable height shall be measured as the vertical
distance from finished grade at the base of the structure to an imaginary plane located the allowed
number of feet above and parallel to the finished grade at any point. See figure 3-3. Finish grade shall
be established in a manner consistent with _ -
parcels in the vicinity as determined by the ,,,,,g.UUY&n@
Director, and shall not be artificially raised toparaW so pv do
gain additional building height. ma�s,Wmn.,rpht
/�
Grade. The elevation of the finished -- - M
ground surface immediately adjacent to the
exterior base of a structure, typically used as
the basis for measurement of the height of
the structure. For buildings or structures
located within five feet from the street line, Flg,rc3,3
the elevation of the sidewalk at the center of Heighthlemurenfent
the wall adjoining the street. For buildings or
structures adjoining more than one street, the average of the elevations of the sidewalks at the centers
of all walls adjoining streets.
San Anselmo
Building Height means the vertical distance measured from the average level of the highest
and lowest point of that portion of the lot covered by the building to the highest point on the roof, ridge,
or parapet wall including all antennas (television, radio, cellular, and satellite). Public utility transmission
and distribution lines are not included in this definition.
Mill Valley
Building Height means the vertical distance from the natural grade to the highest point of the
structure. Maximum height is measured from natural grade to an imaginary plane located the allowed
number of feet above and parallel to the natural grade.
Tiburon
Height. The plumb vertical distance, measured using a plane, established by the lower of the
natural or finished grade at the perimeter of the exterior surface of the building, structure, fence, or wall.
No point of the roof edge, fence, wall, parapet, mansard, structure, or other building feature shall
extend above the plane established by the maximum height line from grade, except as specifically
excluded in subsection 16-30.050.D (exceptions to height limits).
Sausalito
Standard Building Height. Building height is the vertical distance from the average level of the
natural ground surface under the building to the highest point of the building or structure. To determine
the height of a building, the highest and lowest points of contact with the natural grade are identified
and the average of these two elevations is the point from which the permitted maximum height is
measured. The highest and lowest points of contact are determined where the maximum vertical
projections of the perimeter walls of the building contact the natural grade. Where more than one
structure is proposed for construction, the permitted height shall be individually computed for each
detached structure. Balconies, decks and similar appurtenances and projections shall not be included
in measuring the primary structure's building height.
Sloped and Level parcels. In addition to the provisions contained in subsection B
(Measurement of height), height restrictions shall apply to all sloped (uphill and downhill) and level lots,
as the lots are sloped from abutting streets. For lots that abut more than one street, more than one
REPORT TO PLANNING COMMISSION - Case No: Z010-001
Page 8
restriction will apply. The Community Development Director shall review and make a determination for
proposals that do not meet the site conditions described below.
1. Uphill. Any slope greater than ten (10) degrees slope computed upward from a parcel line
that abuts a street at the front of the property to the rear of the property. On the uphill side of a street, a
sloped roof that exceeds the height
restriction identified in Section 10.40.060.B (Measurement of Height) may be
permitted subject to the following conditions (see Diagram 10.40-4):
a. The roof slopes to meet a front wall of less than 32 feet toward the front
property line, measured as stated above;
b. The maximum height within the first 15 feet does not exceed 40 feet; and
c. The sloped roof is subject to review and approval by the Planning
Commission as governed by Chapter 10.54 (Design Review Procedures) of this Title.
2. Level. Any slope between ten (10) degrees up and ten (10) degrees down computed from a
parcel line that abuts a street at the front of the property to the rear of the property. On level parcels, no
portion of a building, including any portion of a roof, chimney or other appurtenance, shall exceed a
height of 32 feet, as measured from a point located at the centerline of the paved portion of the road
opposite the midpoint of the front parcel line. See Diagram 10.40-3.
3. Downhill. Any slope greater than ten (10) degrees slope computed downward from a parcel
line that abuts the street at the front of the property to the rear of the property. The following provisions
apply (see Diagram 10.40-5):
a. Height restrictions. On the downhill side of a street no portion of a building, including any
portion of a roof, chimney, or other appurtenance shall exceed a height of twenty-four feet, as
measured from the centerline of the paved portion of the road opposite the midpoint of the front parcel
line.
b. Exception for parking. On the downhill side of a street, that portion of a building devoted to
covering the off-street parking spaces and building access may project above the thirty-two foot
required height limit subject to the following conditions: (1) The overall height of the structure and all
appurtenances does not exceed 40 feet; (2) The portion of new proposed structures exclusive of
covered parking does not exceed the 32 foot height limit; (3) The covering does not violate any other
provisions of this Title; (4) The covered parking is the highest structure on an uphill lot; and (5) The
covered parking is subject to review and approval by the Planning Commission as governed by
Chapter 10.54 (Design Review Procedures of this Title.
The Board recommended that the non -hillside height definition should be simplified, in keeping with the
hillside height method of measurement, and that an example diagram be provided. In response, staff
revised the height definition (as currently proposed in Exhibit 1-A) and added a standard height
measurement graphic, as follows:
Height. "Height of a building" means of a structure, including fences and walls, as measured vertically
from an aiunronriate finished grade elevation established for the site. Finished arade shall be subiect to review
and determination by the community development director in consultation with the building official. Grade
elevation shall not be artificially modified for the sole purpose of increasing overall height he ,.��
detet-iiiiiied b), the tnetheds in the latest edition of the Unifefm Building Gode adopted by the -e*. For
residential lots subject to the hillside residential design guidelines, the height of all structures, fences and walls
shall be measured vertically from the existing (e.g., natural) grade to the uppermost point of the roof edge, wall
parapet, mansard or other feature above the existing grade at anyig ven point with
the intent of minimizing grading to development footprint and maintaining naturalrg ade planes). See
illustrations below.
REPORT TO PLANNING COMMISSION - Case No: ZO10-001
Standard Height Measurement
Correct Height
Wiasarecnent From
Finished Grade Mang
Etdanor Elevation
LA
— r IIIII
Finished Grade
Hillside Height Measurement
Excavated grade
Existing grade
Page 9
This revised definition would create legal nonconforming conditions within the City; particularly with
respect to structures with sloped roof forms and/or on sites resulting in a grade differential of ten feet or
more along the building perimeter.
However, this definition would achieve the goal of provided a simplified and consistent method for height,
which is relatively comparable to methods used throughout the County. In order to address the fact that
legal nonconforming conditions would be created, the Board has recommended concurrent adoption of
an exception process. Staff has proposed a draft exception provision to Chapter 14.24 for existing
structures in residential districts that would exceed the height limit using the revised method. There
already is a method for requesting a height exception in other districts. Staff has also included examples
of the revised definition as applied to 33 San Pablo and Marin Lofts multi -family residential projects
(Exhibit 4).
3. Chapter 14.04 through 14.11 Land Use Tables and Development Standards
Land Use Tables & Development Standards Tables
Minimal changes have been made to the Land Use Tables and Development Standards Tables. A
summary of these changes is as follows:
• Residential Land Use Table 14.04.020 include downgraded review of 'Animal Keeping' from a major
Use Permit (C) to administrative review (A), a reference to new 14.16.115 standards for 'Emergency
shelters' for the homeless;
• Commercial Land Use Table 14.05.020 includes downgraded `Kiosk' review and reference to new
14.16.225 standards and `Emergency shelters';
HeightRe-
-
Finished Grade
-sj
Building Fvea Below
Finished GradE
Finished Grade
Hillside Height Measurement
Excavated grade
Existing grade
Page 9
This revised definition would create legal nonconforming conditions within the City; particularly with
respect to structures with sloped roof forms and/or on sites resulting in a grade differential of ten feet or
more along the building perimeter.
However, this definition would achieve the goal of provided a simplified and consistent method for height,
which is relatively comparable to methods used throughout the County. In order to address the fact that
legal nonconforming conditions would be created, the Board has recommended concurrent adoption of
an exception process. Staff has proposed a draft exception provision to Chapter 14.24 for existing
structures in residential districts that would exceed the height limit using the revised method. There
already is a method for requesting a height exception in other districts. Staff has also included examples
of the revised definition as applied to 33 San Pablo and Marin Lofts multi -family residential projects
(Exhibit 4).
3. Chapter 14.04 through 14.11 Land Use Tables and Development Standards
Land Use Tables & Development Standards Tables
Minimal changes have been made to the Land Use Tables and Development Standards Tables. A
summary of these changes is as follows:
• Residential Land Use Table 14.04.020 include downgraded review of 'Animal Keeping' from a major
Use Permit (C) to administrative review (A), a reference to new 14.16.115 standards for 'Emergency
shelters' for the homeless;
• Commercial Land Use Table 14.05.020 includes downgraded `Kiosk' review and reference to new
14.16.225 standards and `Emergency shelters';
REPORT TO PLANNING COMMISSION - Case No: Z010-001
Page 10
• Downtown Commercial Land Use Table 14.05.022 deletes uses that are not allowed and notes the
`Emergency shelter' and 'Kiosk' provision changes;
• Commercial Property Development Standards Table 14.05.030 provides an exception from lot
coverage for solar installations;
• Industrial Land Use Table 14.06.020 includes minor changes to downgrade review for Electronic,
Research and Development industry and other similar use types in I and LI/O districts (these use
types are not as intensive as they had been in the past and appropriate in these heavier industrial
districts), allow'Kiosk' uses in LI/O as an administratively permitted use, and incorporate the
'Emergency shelter' changes consistent with the new Section 14.16.115, and;
• Marine Land Use Table 14.08.020 and P/QP Land Use Table 14.09.020 have been amended to
reflect the new 'Emergency shelter' standards.
No revisions have been proposed or required for the PD (14.07), Parks/Open Space (14.10) and Water
(14.11) tables.
Staff recommends accepting the changes presented in the revised tables, with further review and
consideration given to provisions related to 'Emergency shelters' and 'Upper story additions', as
discussed below:
Emergency shelters
The Emergency Shelter provisions have been incorporated in response to CA Senate Bill S132, Best
Practices for Emergency, Transitional and Supportive Housing, and the following General Plan Policy
adopted in 2010 response to the state S132 housing regulations:
H -16d. Emergency Shelters. Consider revisions to zoning regulations to include shelters as a permitted use in
some commercial and industrial districts. Continue to allow shelters with a use permit in areas zoned for office
and commercial uses, in areas designed as General Commercial, Retail/Office, Residential/Office, Industrial,
Light Industrial/Office, and Public/Quasi-Public on the Land use Map.
The Emergency housing amendments in the revised Land Use Tables and Section 14.16.115 provisions
can be found in Exhibit 1-A, Pages A-7 through A-39 and A48 through A-50. Emergency housing
(homeless shelters) are permitted in GC and LI/O districts shown on Map 14.16.115, which is in
compliance with the requirements of S132. The proposed standards are modeled after other sample S132
ordinances.
Transitional and Supportive Housing
Additionally, S132 has required that the zoning ordinance must explicitly include "transitional" and
"supportive" housing as a residential use, subject only to restrictions that apply to other residential use of
the same type in the same zone. Therefore, definitions for transitional and supportive housing have been
included, which comply with S132 and allow such housing as a single-family or multi -family use. For
example, if a supportive housing use is established in a residential dwelling with no limit on length of stay
and residents share common living and kitchen facilities, it would be a permitted residential use.
Similarly, a transitional housing program established in a multi -family development under certain
qualifying program requirements may be established as a permitted use.
Upper Story Residential Additions
Staff proposes to eliminate design review for upper story additions up 500 square feet or less in size.
This was suggested in order to provide a streamlined review and greater certainty for residents desiring a
modest addition to their home, and in response to direction to reduce staff reviews. However, the Design
REPORT TO PLANNING COMMISSION - Case No: Z010-001 Page 11
Review Board recommended that review should not be eliminated even for such small additions without
providing some additional development standards to regulate design.
As an alternative, the Board suggested downgrading design review for additions of 500 square feet and
less at the administrative level. Staff has maintained revisions to Ch14.25 to downgrade review for
additions less than 500 square feet, as discussed further below.
4. Chapter 14.12 Hillside Overlay District
Staff has proposed amendments to Sections 14.12.030.F&H (Parking Requirements)/(Streets and
Driveways) in order to allow staff to consider permitting vehicles to backout of driveways on hillside lots,
where this would result in less grading and tree removal impacts and would not create safety hazards,
and to incorporate design standards for steep driveways. These revisions are consistent with past
practices and the provisions of the Hillside Design Guidelines. (See Exhibit 1-A, Page A-41, Hillside
Design Guidelines Manual page 46-47 and the Hillside Compliance Checklist)
In addition, the Design Review Board had recommended adding standards specifying a reduced
driveway transition area at the top and base of steep driveways, in order to allow vehicles to transition
from the steep driveway portions to roadways and parking areas. Further, the Board recommended a
design standard for driveways on hillside lots at the parking apron, to assure the graded conditions of
driveway slopes would be appropriate. Staff referred this request to the Department of Public Works.
However, staff recommends that this should be considered on a case by case basis in response the
unique characteristics of each hillside parcel.
5. Chapter 14.13 Wetland Overlay District
This chapter has been amended to be consistent with revised General Plan 2020 wetland policy CON -3
adopted in 2012, and to improve and clarify the text for interpretation purposes. Primarily, the revisions
provide more flexibility in allowing fill and replacement of isolated and low quality wetlands. See revised
Section 14.13.040 B &G Property Development Regulations reflected on Exhibit 1-A, Page A-43 through
A-45, and as further discussed in Exhibit B General Plan compliance table. Staff recommends adoption
of the changes as presented.
6. Chapter 14.16 Site and Use Regulations.
The Site and Use regulations consist of development standards that apply to certain types of uses
throughout the City. Revisions have been made to the following provisions:
• Accessory structures and Fences and walls standards
Requirements have been revised in an effort to provide greater flexibility and improve applicability of
these requirements to the varied lot types and configurations that exist throughout San Rafael, and to
assure these sections are internally consistent with other zoning code provisions. This has included
allowing retaining walls up to 4' tall in required yards for non -hillside properties, establishing a
setback between terraced fences and walls in required yards, and allowing detached accessory
structures such as carports to be located within side yard areas.
• Light and glare, Sight Distance, Kiosk, Mechanical Equipment Screening and Refuse Enclosures
Requirements are proposed that would apply city wide for these types of improvements.
REPORT TO PLANNING COMMISSION - Case No: Z010-001
• Small wind energy system and Solar installation Standards
Standards are proposed to implement General Plan 2020 Sustainability Element policies.
• Emergency shelters
Standards are proposed to implement General Plan 2020 Housing Element policies.
• Home occupations
Page 12
The provisions have been amended to allow for Cottage Food industry uses consistent with State
law.
• Wireless communication facilities
These standards have been revised to provide for ministerial review of facilities that would be stealth
design or co -located on an existing pole resulting in minimal change. The revision are intended to
address revisions to the Federal Telecommunications Act of 1996 the establishes a shot clock rule
intended to streamline local jurisdictional review of permits and narrow some of the local discretion
applied to existing monopoles and towers. Under the current FCC rules, the City must determine
whether an application is complete within a total of 30 days (more stringent than the permit
streamlining act allowance), and must act on a request for co -location within 90 days and other
applications within 150 days (total processing time excluding environmental review but including
review for completeness). (The permit streamlining act provides that the City must take action within
60 days of making its environmental determination on the project, and allows a one-time 90 day
extension of processing time). Further, the new federal rules state that the City must approve
changes to existing facilities that do not substantially alter the facility. Revisions have been made to
downgrade discretion, define substantial changes and ground -mounted facilities for purpose of
meeting the FCC rules, and comply with all applicable time restrictions. Currently, the rules do not
provide for an automatic approval if timelines are exceeded. Wireless service providers may seek
redress in a court of competent jurisdiction within 30 days if a "failure to act" within prescribed
timeframes has occurred.
• Water efficient landscape requirements
Minor edits are proposed to track changes with the Marin Municipal Water District regulations.
Revisions to the above regulations are recommended as presented in Exhibit 1.
7. Chanter 14.17 Performance Standards.
Performance Standards are considered for certain land use types typically subject to an administrative
review, and assure ongoing compatibility with adjacent land uses. The following provisions have been
amended:
• Animal keeping regulations have been revised to incorporate performance standards for bee
keeping, which is a growing residential activity. These standards would provide staff with necessary
tools to regulate this activity.
• Outdoor storage provisions have been included to provide staff and the general public clear direction
on what is permitted and expected of such activities.
• Temporary uses have been revised to allow for recycling and a -waste collection events.
REPORT TO PLANNING COMMISSION - Case No: Z010-001 Page 13
Draft revisions for 'large -family, day care" uses are planned as a separate, future code amendment. Staff
recommends approval of these revisions as presented.
8. Chapter 14.18 Parking Standards.
Minor changes to the Parking Tables are proposed, along with a requirement for pre -wiring for electric
vehicles. More significant changes have been made to Section 14.18.160 Parking lot screening and
landscaping standards, which have been revised to increase tree coverage and distribution. A tree
planting list has also been prepared which is proposed to be provided as a supplemental handout to
designers.
The parking lot landscape revisions have been drafted to respond to solar heat gain and improve
coverage, and to consider impacts of federal NPDES stormwater runoff requirements that would apply to
parking lots. Revisions to the parking lot and landscaping sections are intended to reduce greenhouse
gasses by improving tree growth and coverage, reduce solar heat gain and support alternative fuel
vehicles. The City had hired former director Bob Brown to conduct workshops to discuss this issue. The
Board asked to staff to review provision for requiring structural soils in parking lots which would improve
tree growth, and discussed by the committee in development new standards for reduction of solar heat
gain. Additional discussion of NPDES and soils treatment options is provided below.
Structural Soils vs Other Tree Planting Provisions
Staff reported that this type of solution has been considered difficult to implement, particularly when
renovating an existing lot. Staff chose instead to recommend enhanced landscaping, tree selection and
larger tree canopies to achieve the desired outcomes. Also, the City consultant's investigations found
that improved planting and larger canopy tree sizes distributed within interior landscape islands would be
more successful than prescribing a percent coverage standard. The revised standards in Exhibit 1-A
include most of the final recommendations of the consultant; with the exception that Section 14.18.160.B -
C has been modified to deviate from the consultants recommended edits, as follows:
Staff recommended draft amendment to 14.18.160.8 — Exhibit 1-A (Zoning Amendments)
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. 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 (21) to forty (40)
cars, subject to recommendation by the design review board and approval of a minor design review permit.
C. Tree Selection and Distribution. Parking lot trees shall be selected and located to achieve
maximum shading of paved surfaces, through utilization of the following techniques:
1. Distribute trees uniformly throughout parking areas, incorporating use of regularly spaced finger
islands (see illustration below) and landscape medians between parking rows to the extent practicable.
2. Cluster trees on southerly and westerly perimeters of parkin Iq ots.
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 canopy tree species.
D. 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.
REPORT TO PLANNING COMMISSION - Case No: ZO10-001
Consultant recommended amendment to 14.18.160.8:
Page 14
B. Minimum trees. A minimum of ^^G Ganep - tree number of trees shall be included in planting
areas within or adjacent to the parking lot at the following ratio:
1. For tree species listed as having canopy diameters of thirty feet (301 or greater on a list of
recommended parking lot trees adopted by resolution of the City Council, or for trees determined by the
design review authority to have the same size and growth characteristics as those contained on the
recommended list of parking lot trees one (1) canopy tree shall be provided for every four (4) parking
spaces_
2. For tree species listed as having canopy diameters of less than thirty feet (30') on a list of
recommended parking lot trees adopted by resolution of the City Council, or for trees determined by the
design review authority to have the same size and growth characteristics as those contained on the
recommended list of parking lot trees one (1.5) canopy trees shall be provided for every four (4) parking
spaces.
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 (21) to forty (40) cars, subject to
recommendation by the design review board and approval of a minor design review permit.
C. Tree Distribution. Parking lot trees shall be located to achieve maximum shade on paved
surfaces by being distributed throughout the parking area and/or clustered on the southerly and westerly
perimeters of the parking lot.
D. 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 width of six feet (6'), exclusive of
curbs, except that planting areas adjacent to street right-of-ways or containing tree species listed as having
canopy diameters of thirty feet (30') or greater on a list of recommended parking lot trees adopted by
resolution of the City Council shall have a minimum area of sixty-four (64) square feet and a minimum width
of eight feet L). These requirements may be reduced by the design review authority through use of
pervious paving materials adjacent to the planting area.
Staff has not proposed to implement consultant's recommendation for subsection B verbatim, that
prescribes tree ratio's by canopy size (e.g., more trees if medium canopy type and fewer if large canopy
trees). Rather, staff has recommended retaining the existing tree ratio and reviewing mix of tree canopy
sizes on a case by case basis, as part of design review and with the recommendation of the Board (to
determine species and size appropriate for given site characteristics). This approach is considered to be
more practical to manage and implement with available staff resources, and considering the built -out
character of San Rafael.
Further, structural soils are not being required which are more expensive by allowing for compaction in a
parking lot situation. The problem that has been noted with structural soils is that it has a high proportion
of inorganic materials (sand and small rock), thus it takes more volume to create a sufficient growing
medium. Rather, draft section 14.18.160.G establishes some minimum best practices and requires
monitoring and certification of work by the project landscape architect. See Exhibit 1-A, Page A-79 for the
proposed revisions.
Bio-Filtration/NPDES Requirements in Parking Areas
Bio -filtration is considered in the draft ordinance by reference to Public Works requirements. The NPDES
(National Pollutant Discharge Elimination Systems) permit requirements are becoming more stringent
and will affect design and monitoring of parking lot landscaping. Bio -filtration requirements are reviewed
and recommended by Public Works on a case-by-case basis. Staff has not received any new or
additional standards based Public Works staff review of this section. It is not known for certain whether
more parking lot landscape area would be required for infiltration/bio-retention and/or if this will be able to
replace need for pollutant filters. Bio -retention areas may impact tree planting opportunities. Thus,
additional enhancement of developed sites could have an impact on existing parking supply. Public
Works staff typically works with the developer's engineers to identify a solution that may include a
combination of bio -filtration and enhanced storm drainage improvements. The revised Parking standards
have been written to allow for parking to be reduced in order to encourage bio -filtration solutions within
REPORT TO PLANNING COMMISSION - Case No: Z010-001 Page 15
developed sites, which are more desirable. At this time, this has remained primarily as an engineering
solution, subject to review and recommendation by Public Works. No further zoning standards have been
identified or recommended to address this topic at the present time.
Recommended Tree Species Exhibit
A list of recommended tree species is included as a companion document to be considered with the
parking landscaping edits. If the amendments are approved, it is recommended that the tree planting list
should be adopted as a preferred list of tree species.
9. Chapter 14.19 Signs.
Section 14.19.070.1 is proposed to be added to allow temporary window sign covering of vacant or under
construction storefronts. No significant revisions are being considered.
10. Chapter 14.24 Exceptions
Section 14.24.060.E is proposed to be amended in order to allow a residential height exception of up to 5
feet in order to maintain design consistency, with recommendation of the design review board. This
revision is proposed as recommended by the Design Review Board, concurrently with the proposed
"Height" definition change which would create legal nonconforming conditions within the City, if adopted.
11. Chapter 14.25 Design Review
Most of the changes to this Chapter are minor in nature. Staff has not made any changes in response to
the recommendation of the Design Review Board to downgrade review of upper story residential
additions of 500 square feet and less in size. This change was recommended in lieu of exempting such
additions from review completely (see discussion of Item 3 above regarding Upper Story Additions). Also,
an administrative design requirement is proposed to be applied for review of accessory structures
proposed on nonresidential and multi -family development. The amendments to section 14.25.040 are
found on Exhibit 1-A, pages A-89 through A-92.
12. Chapter 17.10 Tidelands Permit
This revision consists of a minor change to replace 'tideland fill committee' with 'department of public
works'. The City no longer staffs a tideland fill committee and the responsibility for permit review has
referred back to the Public Works Director. There are no substantive changes.
Report on WEV Parking Amendment
The prior Phase I zoning amendments adopted in 2010 included new off-street parking provisions for the
Downtown West End Village (WEV) district, which allows changes in land use within existing buildings
located along the 4th Street frontage without requiring new or additional parking. This action was
consistent with General Plan Policy NH -27 (Parking) and Program H -18h (Revisions to Parking
Standards), which encourage seeking solutions to Downtown urban parking conditions and directs
revisions to the Zoning Ordinance parking standards, as needed, for the purpose of promoting flexibility
in the requirements. This specific amendment was also made consistent with General Plan Policy NH -15
(Downtown Vision), NH -16 (Economic Success), NH -18 (Economic Center), EV -4 (Local Economic and
Community Impacts), and EV -9 (Business Assistance Programs) in that the amendments would simply
and streamline the land use permit review process and requirements for existing and new businesses.
At the time of adoption of the 2010 amendments, the Planning Commission and City Council asked staff
to provide an update on the success and impact of this change to the WEV parking standard. The
REPORT TO PLANNING COMMISSION - Case No: Z010-001
Page 16
Economic Development Division prepared a memorandum addressing this topic (Exhibit 4). In the past
two years, staff estimates that approximately five businesses have utilized the provision, including two
restaurants and a yoga studio. There is no estimate as to how many re -tenanting actions occurred
where a higher required parking use was replaced with a lower required parking use. The building
vacancy rate in the West End has remained at about the same level.
A parking survey had been conducted in 2009 at noon, mid -week, which was the highest use time. The
on -street parking situation has not changed since this survey and following adoption of the revised WEV
parking standard. Parking on Fourth Street between D and Shaver is nearly full, but the more distant
portions west of Ida and on D Street were available. Parking Services indicated that they have not
experienced an increase in the number parking complaints that can be attributed to the ordinance
change. It is noted that the former Home Depot/Yardbirds building remains vacant, and parking in
downtown and particularly in the downtown residential areas remains at a premium. However, the
ordinance has provided relief to businesses seeking to locate in the West End, the parking situation has
not changed in any noticeable manner, and is expected to continue to perform similarly going forward. In
general terms, the revised standard seems to have proven successful in accommodating re -tenanting of
existing commercial space. No other changes are proposed. It is worth noting that the downtown area
east of parking district would remain subject to review for parking intensification as uses change.
INTER -DEPARTMENTAL REVIEW AND COMMENT
The draft amendments have been referred to the City Attorney, Community Services, Building, Fire and
Public Works departments for review and comment. Staff has incorporated recommended changes and
confirmed the amendments would be compatible with regulations enforced by these other departments.
Public Works Department staff will provide Sight Distance exhibit for inclusion into proposed Section
14.16.295. In addition, staff has discussed Section 14.16.205 with Marin Sanitary Service (MSS) that
would codify the requirement for provision of refuse enclosures, and confirmed that this section would be
compatible with its recommendations on design and planning for trash enclosures.
DESIGN REVIEW BOARD RECOMMENDATION
As discussed in this report, the Design Review Board has conducted a hearing and evaluation of the
proposed changes which has resulted in revisions to the document. The Board recommendations have
been discussed in this report and incorporated into the revised document as deemed appropriate.
ENVIRONMENTAL DETERMINATION
The draft amendments to the San Rafael Municipal Code, Title 14, do not propose any changes to City
policies or regulations that would result in a direct or indirect physical, environmental impact. The
additional regulations either codify existing long-standing interpretations made based on existing
guidelines or policies, or locally implement state and federal laws, or implement new policies adopted as
part of the City General Plan 2020. Therefore it has been determined that this ordinance amendment is
covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects
which have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines
Section 15061(b)(3), and is not subject to environmental review.
NEIGHBORHOOD MEETING / CORRESPONDENCE
Staff referred the draft copies of the proposed Municipal Code amendments to several neighborhood and
interest groups for preliminary review and comment. Exhibit 1-A reflects changes made responding to
some, not all, of the comments received from the public. Groups that either reviewed or received
presentations on the draft zoning code edits, and any comments made, are summarized below for the
purpose of this review by the Board members and public:
REPORT TO PLANNING COMMISSION - Case No: Z010-001 Page 17
• Federation/North San Rafael Coalition. At its May 29, 2013 meeting, staff presented a summary of
the edits. Staff subsequently met with neighborhood representative, Hugo Landecker, and discussed
the administrative draft.
Sustainable San Rafael (SSR). On June 10, 2013 representative, Bill Carney, provided comments on
the draft document. Staff has provided recommended tree species for parking lots, and added
provisions for solar facilities, which are in part in response to SSR comments. Additional suggestions
were made that quick -charging stations should be required for new or major remodeled gas stations.
It was stated that 440V quick -charging stations can bring most electric -vehicles up to 80% capacity in
20 minutes — time for a cup of coffee. Staff agrees this may be a good idea, but does not have
sufficient data to determine if this would be feasible or consistent with trends. At this time, staff is only
requiring pre -wiring for electric -vehicle charging in parking lots.
• Climate Change Action Committee meeting. On July 25, 2013 staff presented a summary of the
proposed changes. One of the recommendations received suggested that allowance for solar on
carports should be provided. Staff has incorporated a new section that would respond to this
comment.
• Chamber of Commerce meeting. On August 20, 2013 staff provided a summary of the suggested
edits.
• Marin Conservation League, Barbara Salzman reviewed and commented on the proposed changes
to the Wetland Overlay —WO district amendments in June 2013. Staff has included suggested
changes to correct and clarify some terms, and define the term "minor encroachment".
Notice of meetings on proposed amendments must be mailed to all interested and affected parties at
least 15 days prior to the hearing. This includes all active business and homeowners or neighborhood
associations (with contact information on file with the City Notice of the Planning Commission meeting
was mailed to the various business, neighborhood and interest groups with addresses on file with the
City, and published in the Marin Independent Journal. Staff will forward copies of any comments received
to the Commission for its consideration.
The project has not required mailing of notices to any individual property owners, nor any interested
public agencies, given that the project consists only of edits to the zoning code text and would not affect
the zoning map or land uses or zoning standards that could impact policies or services provided by any
other agency. Further, no public posting of the proposed edits is required as the amendments are City-
wide and are not related to a specific site. Publication of a notice of the proposed text edits has been
provided in the Marin Independent Journal.
OPTIONS
The Planning Commission has the following options:
Recommend approval of the amendments to the City Council, as presented (staff recommended)
2. Recommend approval of the amendments to the City Council, with certain revisions.
3. Continue the project to allow staff to address any of the Commission's comments or concerns.
4. Recommend denial of the proposed amendments to the City Council.
REPORT TO PLANNING COMMISSION - Case No: ZO10-001
EXHIBITS
1. Draft Resolution
2. General Plan 2020 Policies
3. Building Height Examples (Marin Lofts and 33 San Pablo Ave)
4. Memorandum WEV Parking
Page 18
Exhibit I
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN RAFAEL PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF AN ORDINANCE OF THE
CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 14 —
ZONING TO IMPROVE CODE INTERPRETATIONS, REDUCE DISCRETIONARY REVIEW
REQUIREMENTS, IMPLEMENT NEW STATE LAWS AND GENERAL PLAN POLICIES, AND AS
OTHERWISE RECOMMENDED BY THE PLANNING COMMISSION, SPECIFICALLY
AMENDING THE ZONING ORDINANCE DEFINITIONS, LAND USE TABLES AND
DEVELOPMENT STANDARDS, OVERLAY DISTRICT STANDARDS, REGULATIONS APPLYING
IN SEVERAL DISTRICTS, AND ADMINISTRATIVE REGULATIONS, AND ADOPTING A LIST OF
RECOMMENDED PARKING LOT TREE SPECIES
AND
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 6 — ANIMALS SPECIFICALLY TO
ELIMINATE ANIMAL PERMIT REQUIREMENTS AND REVISE DESIGNATED CITY
OFFICIALS
AND
AMENDING SAN RAFAEL MUNICIPAL CODE TITLE 17 — WATER AND WATERWAYS
SPECIFICALLY TO DESIGNATE THE CITY ENGINEER AS THE AUTHORITY FOR
REVIEW OF TIDELAND PERMITS
(ZO10-001)
WHEREAS, on the 21st day of June 2010, by Ordinance No. 1882, the City Council
adopted a collective group of amendments to Title 14 — Zoning as a general `clean-up' of the
provisions and to respond to changes in State Law, citywide budget cuts resulting in reductions in
Community Development Department staff, and in order to streamline and modify certain types
of discretionary permit review, broaden interpretations and promote re -tenancy of commercial
vacancies; and
WHEREAS, a second phase of amendments were planned and initiated to further update
the zoning provisions and discretionary review requirements; and
WHEREAS, the amendments to the San Rafael Municipal Code, Title 6, Title 14 and
Title 17 proposed as part of this second phase of amendments would i) implement policies
contained in the General Plan, ii) respond to requirements of State Law, iii) downgrade existing
levels of discretionary review, iv) add standards to codify existing zoning interpretations, and v)
codify standards found in other provisions, policies, and guidelines of the City; and
WHEREAS, the amendments to the San Rafael Municipal Code, Title 6, Title 14 and
Title 17, do not propose any changes to City policies or regulations resulting in an increase in
potential development intensity that would result in a direct or indirect physical, environmental
impact; therefore it has been determined that this ordinance amendment is covered by the general
rule that the California Environmental Quality Act (CEQA) applies only to projects which have
the potential for causing a significant effect on the environment pursuant to CEQA Guidelines
Section 15061(b)(3), and is not subject to environmental review; and
Exhibit 1
WHEREAS, on February 25, 2014 and March 11, 2014, the Planning
Commission held a duly -noticed public hearing and considered the proposed amendments to the
San Rafael Municipal Code, Title 14, Title 6 and Title 17, accepting all public testimony and the
written report of the Department of Community Development, and recommended to the City
Council the approval of the amendments.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends
to the City Council adoption of the amendments to the San Rafael Municipal Code Title 6,
Animals, Title 14, Zoning, and Title 17 Water and Waterways as outlined in the attachment
"Exhibit A", based on the following Endings as required under Zoning Code Section 14.27.060:
1. The amendments to San Rafael Municipal Code are consistent with the policies and
programs of the San Rafael General Plan 2020 in that:
a. As proposed, the amendments would update provisions consistent with the San
Rafael General Plan 2020 Sustainability and Conservation Elements and State
and Federal Laws regarding local regulation of cottage foods industry,
telecommunications and emergency shelters, and in accord with existing City
policies, provisions and design guidelines including the hillside design guidelines
manual and checklist. This action would be consistent with General Plan
Program LU -23a (Zoning Ordinance Amendments), which encourages periodic
updates to the Zoning Ordinance in order to maintain a current and internally
consistent code.
b. As proposed, the amendments would meet the requirements of state law,
specifically Section 65589.5 of the state Government Code by providing
emergency shelter, transitional housing, and supportive housing in compliance
with the Housing Accountability Act, and Section 15401.9 of the Public
Resources Code by establishing water conservation requirements for water -
efficient landscape design. Further, amendments to the wireless communications
facilities provisions would streamline the review process consistent with the
requirements of the Federal Telecommunications Act of 1996. These actions
would be consistent with General Plan Policy LU -23 (Land Use Map and
Categories) and Program LU -23a (Zoning Ordinance Amendments), which
directs that the Zoning Ordinance be updated periodically, and as needed, to
address changes in state law.
c. As proposed, the amendments to the zoning ordinance Title 14 definitions, land
use tables and development standards, overlay district standards, regulations
applying in several districts, and administrative regulations, and the minor
amendments to Title 6 Animals and Title 17 Tidelands, would be consistent with
all pertinent and applicable General Plan 2020 policies, including the following:
Amendments to update transitional and supportive housing needs and
implement emergency shelter provisions are consistent Policy H-13
(Special Needs), H-16 (Residential Care Facilities and Emergency
Shelters), Program H -16c (Residential Care Facilities), and H -16d
(Emergency Shelters) which directs that the zoning ordinance be updated
to provide for and address local housing needs, including emergency
shelter housing.
Exhibit 1
ii. Amendments to update the wetland overlay district appropriately
implements General Plan Policy CON -3 (Wetland Protection and
Mitigation) by establishing updated wetland fill and replacement
requirements, including amount, timing and project mitigation
requirements.
iii. Amendments to provide solar, wind energy and revised alternative fuel
vehicle and parking lot landscaping requirements, updated home
occupation provisions allowing for cottage food industry, updated animal
keeping regulations specifically pertaining to bee keeping, and
provisions to allow for e -waste recycling events implements Policies SU -
3 (Alternative Fuel and Fuel Efficient Vehicles), SU -4 (Renewable
Energy), SU -5 (Reduce Use of Non -Renewable Resources), SU -6 (New
and Existing Trees), SU -7 (Local Food Production), and SU -9 (Zero
Waste).
iv. Amendments to parking lot design standards would promote Policy AW -
8 (Reduce Pollution from Urban Runoff), encouraging and supporting
landscape design solutions to reduce runoff pollutants.
V. Amendments to the code provisions including but not limited to the
zoning definitions, land use tables and development standards, site and
use regulations, performance standards and administrative regulations are
consistent with General Plan Program LU -23a (Zoning Ordinance
Amendments), which encourages periodic updates to the Zoning
Ordinance in order to maintain a current and internally consistent code
and in response to state laws.
2. The public health, safety and general welfare are served by adoption of the proposed
Zoning Ordinance amendments, in that they would: a) correct errors and
inconsistencies and delete obsolete code provisions; b) incorporate new code
provisions to address a State regulations; c) implement policies and programs in the
San Rafael General Plan 2020 that encourage periodic update to the Zoning
Ordinance, ensure consistency with the General Plan; d) promote existing and new
businesses by simplifying the planning review process; and e) simplify certain
activities subject to an Environmental and Design Review Permit without
compromising neighborhood character or public review.
BE IT FURTHER RESOLVED that the Planning Commission recommends to the City
Council adoption of the recommended list of parking lot trees to accompany the edits to Chapter
14.18.
The foregoing Resolution was adopted at the regular City of San Rafael Planning Commission
meeting held on the l Ph day of March, 2014.
Moved by Commissioner
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
and seconded by Commissioner
Exhibit 1
SAN RAFAEL PLANNING COMMISSION
ATTEST:
Paul A. Jensen, Secretary , Chair
ATTACHMENT:
Exhibit A — 2013 Amendments to San Rafael Municipal Code, with attachments
EXHIBIT A - DRAFT
TITLE 6 — ANIMALS
CHAPTER 6.04 — POULTRY, FOWL AND DOMESTIC ANIMALS
1. Delete and amend obsolete provisions of Chapter 6.04 to update the requirements consistent with
current city requirements and to be consistent with Section 14.17.020 of the zoning regulations revisions
(Animal keeping regulations):
Sections:
6.04.010 Permit required.
ti nn nn2 Meratefitim on isstianee ofn its
6.04.050 Premises to be open to inspection.
6.04.060 Sanitary regulations.
6.04.070 Revocation of permit.
6.04.080 Unlawful to sell fowl or rabbits as pets or novelties.
6.04.100 Trespassing animals.
6.04.010 Permit required.
It is unlawful for any person to keep, harbor, or maintain any poultry, chickens, turkeys, ducks, geese,
rabbits, hares, cows, goats, sheep or other domesticated animals ekcept cats and dogs, or to cause, permit or
allow the same to be kept or maintained in any premises within the city without first having obtained a
any -required permits and approvals from the city.
(02•d. 169).
Any pefson desifing of Wending to keep, hatber- of maintain any of stieh few!, Pettiti-J, of demestie
aftimals shall make wfitten ap-pheation te the health effieef ef the eity fef a permit thefefbf.
The applieatieft shall eentain the name and i!esidefiee ef-the applieafit, the owner-, tenant and
aad whether- permanently or- > tegethef with a sta4ement of the kind,
na4ire and lee4iefl of the
r ,rhousingfew!, ro
in�).
�.
MIMPRIMMMM
Revised 09.11.2013
6.04.050 Premises to be open to inspection.
All places and premises where any of the fowl, poultry or animals are kept shall be open at all
reasonable times to the inspection of the city health officer, or city official designated by the city manager
to enforce applicable animal keeping regulations.
(Orel 169).
6.04.060 Sanitary regulations.
The eity health effiee Any person keeping animals within the city, consistent with provisions
established for animal keeping shall make all reasonable and lawful sanitary provisions fegulatieffs for the
keeping of the poultry, fowl or other animals.
(Ord. 169).
6.04.070 Revocation of permit.
All permits issued by the city healer for animal keeping shall be revocable by4iim whenever, in
his the opinion of the public health officer or designee of the city manager responsible for enforcement of
animal keeping_ regulations, the sanitation, safety and welfare shall require.
(Ord. 169).
6.04.080 Unlawful to sell fowl or rabbits as pets or novelties.
It is unlawful for any person to display, sell, offer for sale; barter or give away any baby chicks, rabbits,
ducklings or other fowl as pets or novelties, whether'or not dyed, colored or otherwise artificially treated.
This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or
other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to
be raised for food purposes.
(Ord. 475).
6.04.100 Trespassing animals.
Any animal found trespassing on any private enclosure in the city may be taken up by any person at
interest and delivered to the poundkeeper.
Every person taking up any animal under the provisions of this section shall immediately thereafter give
notice thereof to the poundkeeper, and every such person and any person in whose custody such animal
may, in the meantime, be placed, shall deliver such animal to the poundkeeper without fee or charge.
(Ord. 475).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-2
ZQ10-001
TITLE 14 — ZONING
CHAPTER 14.03 - DEFINITIONS
2. Delete definitions in Section 14.03.030 for "Duplex", and relocate to residential definitions with
revisions:
■ �r.�rsr�ererl!trs.
3. 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 "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 14.16.11 S and 14.16.305:
"Emergency shelters" means housing as defined under the State Health and Safety Code Section
50801(e); i.e., with minimal supportive services for homeless person(s) 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 servina 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.
"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 househol
housin
"Residential, multifamily" means medium and high density residential development, including a
"transitional housingdevelopment" or "supportive housing" as defined under State Health and SafeV Code
Section 50675.2 (and subsequent amendments), containingthree hree (3) 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;" or "supportive
housing" as defined under the State Health and Safety Code.
Single -room occupancy 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, HN or AIDS, substance abuse or other chronic health conditions, or individuals
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-3
Z010-001
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, amongother
ther
populations families with children elderly persons young adults aging out of the foster caresystem,
individuals exiting institutional settings veterans or homeless people) and that is linked to on- or off-site
services that assist the supportive housing 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 housingdevelopment" mean rental housingdevelopments as
defined under State Health and Safety Code Section 50675.2• i.e. buildingsgured 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 (6) months.
"Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical
energy, which it then converts into electricity.
4. Amend the following definitions of Section -14.03.030 to he consistent with terms used in San Rafael
General Plan 2020, for "Height" to establish new method of measurement for nonhillside, 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 a stfuetufe^^t.ea to the pfineipal building by ^ eentinuetis
have a foundation support on the ground or require building permit.
"Creek" means arra perennial, intermittent or ephemeral open watercourse which has a defined bed and
bank and connectings to other water bodies, as shown on the San Rafael General Plan genefal plan
watershed and creeks map. A1se-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 i hillside ^'•^^^ or localized depression that lacks defined
banks, which seasonally ^elle^+", ee ^ei4int cu==d 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."
Height. "Height of a building" means of a structure including fences and walls, as measured verticall
from an aDDroDriate finished grade elevation established for the site. Finished grade shall be subiect to
review and determination by the community development director in consultation with the building official.
Grade elevation shall not be artificially modified for the sole purpose of increasing overall height4he
vet4ieal height as detefmined by the methods in the 14est edition of the Unifenn Building Code adopted by
the ei . For residential lots subject to the hillside residential design guidelines, the height of all structures,
fences and walls shall be measured vertically from the existing (e.g., natural) grade to the uppermost point
of the roof edge, wall parapet, mansard or other feature above the existing grade at anyig ven point
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-4
Z010-001
per-pendieulaf to that grade with the intent of minimizing grading to development footprint and maintaining
naturalig •ade planes). See illustrations below.
Standard Height Measurement
Correct Height
Measurement From
Finished Grade Along
Exterior Elevation
r
_ __ - Height From
Finished Grade
Building Area Below
?-tel Finished Grade
Finished Grade
I I `
Excavated grade
Existing grade
"K iosk" means a small, freestanding aceessoty 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 sheds tool sheds, 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, and a + I, ,a + .,i and ..+,,,.age stns .+,,..es that are one hund>,�na..,,a twef y ( 2
f e+ or less ift
size.
Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental
health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical
office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services
by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists,
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,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A -j
Z010-001
medication or therapies which require a prescription (including administering oxygen 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 under four three feet (43') or less in height; iii gfetind
meals and improvements built at -grade such as parking lots and access drives or walks; -and
stefage sheds E)f feefeatienal/play str-tiettifes thfft are one hundfed and twenty (120) squafe fe� of less in
fle
Yard, side. "Side yard" means an open area extending freta 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-6
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CHAPTER 14.04 – RESIDENTIAL DISTRICTS (R, DR, MR, HR)
S. 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
A_E
AC
AE
AE
AE
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
..0
C
Home occupations
P
P
P
P
P
See standardsregul-atiens,
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_7
ZO10-001
Type of Land Use
R
DR
MR
HIR
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 sace
P
P I
P
P I
P
Public parks, playgrounds and
P
P
P
P
P
recreation facilities
Religious institutions
C*
C
C
C
C*
*Prohibited in R2a, R1 and PD -
hillside districts, and R20 hillside
residential lots.
Schools
Public
P*
P
P
P
C*
*Prohibited in R2a, R1 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-8
Z010-001
Type of Land Use R
DR MR HR PD Additional Use Regulations
Transportation Facilities
Parking lot, public or private
C C C See regulations, Chapter 14.18
Accessory Structures and Uses
Accessory structures and uses P
customarily incidental to a
permitted use and contained on the
same site
P P P P See regulations, Chapter 14.16
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-9
ZO 10-001
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 platming commission shall determine whether
the proposed use is consistent with the specified review eriteria 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 V
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-10
ZO10-001
Type of Land Use
GC
NC
O
C/O
RIO
FBWC*
Additional Use
Regulations
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 11) A-11
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
CZ
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
AGZ
AGZ
ACZ
ACZ
ACS
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 1I) A-12
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, pails 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
e ui ment 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
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 II) A-13
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
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-14
Z010-001
Type of Land Use
GC
NC
O
C/O
R/O
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
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
P
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 II) A-15
ZO10-001
Type of Land Use
GC
NC
1 O
C/O
R/O
FBWC*
Additional Use
Re ulations
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,
etc.)
Public parks, playgrounds, and
P
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-16
Z010-001
Type of Land Use
GC
NC
O
C/O
R/O
FBWCY
Additional Use
Regulations
Permanent
P/C
C
C
See Charter 14.16
standafds 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 transitways
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.
* See Section 14.05.020(A).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-17
ZO10-001
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
5/M R/O
Commercial Uses
Animal sales and service,
excluding exterior kennels,
ens 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
R«:ek eel.
LllVll, m el , n ,
eatiefete and l„mbe.• sales
Equipment rental
businesses (2)
P(3)
P
P
(`_lases and. nfl—A .., stew -res
Hardware stores (2)
P
P
P
P
P
P
Paint stores (2)
P
P
P
P
P
(and anei4arf—sefyiee)
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 I1) A-18
Z010-001
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
Fortunetellin (8)
A(9)
A(9)
A
A
A(9)
Funeral and interment
CZ
CZ
services (including
mortuaries, but excluding
crematories)
Kiosks 30
AGZ
ACZ
ACK
ACK
ACZ
ACS
ACS
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-19
ZO10-001
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WE`I
5/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
CZ
CZ
brakes, batteries, tires,
mufflers and upholstery)
(11)
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)
CZ
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 shops/beautysalons
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)
P(q)
P(3)
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 11) n_20
Z010-001
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)
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 (15)
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 shops
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)
P
P
P
P
P(4)
Shopping centers
C
C
I 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 II) A-21
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 31
P
P
P(4)
-2,000
Sf P
2888
s€:C4
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
servicesprovided)
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 II) A_22
Z010-001
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)
A
A(20)
A
A
P
Animal keeping
A
A
A
A
A
A
A
Caretaker's residence
A
A(29)
A
A(20)
A
A
A
Emergency shelters for the
homeless
Permanent
Temporary or rotating
C
C
C
C
C
C
C
Home occupations (22)
P
P
P
P
P
P
P
Live/work quarters (19)
A
A(29)
A
A(20)
A
A
A
Residential care facilities for
the handicapped in dwelling
unit (19)
Small 0-6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more 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)
CZ
CZ
CZ
CZ
CZ
CZ
CZ
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
C
C
C
Temporary Uses
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-23
2010-001
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 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.
(21) Repealed April 2006.
(22) See Section 14.16.220 (Home occupations).
(23) See Section 14.17.040 (Family day care home, large).
(24) See Chapter 10.60.
(25) See Section 14.17.130 (Temporary uses).
(26) See Section 14.16.020 (Accessory uses).
(27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage.
(28) Shall not be located within one thousand feet (1,000') from: schools (public and private elementary,
junior high, and high schools), public parks, public libraries, arcades, youth/teen centers,
community/recreation centers, licensed day care centers for children, shopping malls, and houses of
worship with organized youth programs, as measured from the property lines of each parcel.
(29) Residential use is allowed on the ground floor and above, except on lots facing Fourth Street where
residential use is allowed on the rear ground level and second floor and above.
(30) See Section 14.16.115.
(31) Permitted if less than 2,000 square feet in size and conditionally permitted subject to zoning
administrator approval if 2,000 square feet or more in size.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-24
Z010-001
8. Amend the Commercial Property Development Standards Table 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, RIO, 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-25
Z010-001
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
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-25
Z010-001
(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 11) A-26
Z010-001
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 LUO and reference Chapter 14.16 for additional land use regulations,
amend Residential Uses `Emergency Shelter for the homeless, Permanent' as PIC
(Permitted/Conditionally Permitted) in LI/0 and reference Chapter 14.16 for additional land use
regulations, and downgrade review from C to CZfor certain industrial uses in the I and LUO 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
1ndustry, 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-27
Z010-001
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
ECZ
ECZ
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
ECZ
ECZ
C
development industry
Research and
P
P
P
development services
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-28
Z010-001
Types of Land Use
I
LI/O
CCl/0
LMU
Additional Use
Regulations
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
ECZ
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
ECZ
recycling
Solid waste management
C
See Chapter 10.72
(collection, disposal)
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
ens or runs) I
Chapter 10.24).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-29
Z010-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Building materials and
supplies
Brick, gravel, rock,
P'K
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*
*See Outdoor storage.
Paint stores
P*
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
CZ
CZ
in size
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-30
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
Live entertainment
C
and/or dancing (without
food service)
Outdoor eating areas
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 (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 stora e.
General contractors
P*
P*
P*
P*
*See Outdoor stora e.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE Ir) A-31
Z010-001
Types of Land Use
I
LUO
CCUO
LMU
Additional Use
Regulations
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and
recreational vehicles)
Auto detailing
P
CZ
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
A
See Section 14.16.225
Music rehearsal/recording
P
CZ
CZ
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 II) A-32
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,
C
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/workquarters).
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-33
ZO10-001
Types of Land Use
I
I.I/O
CCI/O
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 II) A-34
Z010-001
CHAPTER 14.18 — PARKING STANDARDS
37. 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 plannin 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 plixg communi , development director may require the
submission of survey data from the applicant or collected by the planniagcommunity development
department planning division at the applicant's expense. Parking surveys 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 eity }••armee 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-75
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 sq are 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-75
Z010-001
Two-bedroom units
Off -Street Parking Required
Parking
Downtown
San Rafael
I 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
lus 1 s aceper five beds:
Downtown
Less than 900 sq.
1 space
1.5 spaces
2 spaces (1
3 s aces plus staff parking.
Commercial and light industrial/office districts
ft.
1-10 beds
1 s ace lus staff parking.
covered)
900 or more sq. ft.
1.5 spaces
1.5 spaces
2 spaces (1
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:
covered)
Use Classification
Off -Street Parking Required
Three or more bedroom units
2 spaces per unit (including 1 covered space).
Guest parking, multifamily
I space per 5 units. Note: Guest parking not required
downtown, unless within 200 feet of a residential
district.
Mobilehome parks
2 covered s aces per unit.
Senior housing projects
.75 space per unit, or as specified by use permit.
Emergency shelters for the homeless,permanent:
Residential district
1 space for each employee on maximum staffed shift
lus 1 s aceper five beds:
1-5 beds
1 space plus staff parking.
6-10 beds
2 spaces plus staff parking.
11-15 beds
3 s aces 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 s ace lus staff parking.
11-20 beds
2 spaces plus staff parking.
21-30 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
Ins 1 s ace 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
re uirement asspecified in use permit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE Il) A-76
ZO10-001
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 dayare.
Day care center
1 space per five children. In addition, one of the
following must be provided and approved by the city
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 eitytfaf€Ie
engineer public works director for safety purposes.
General commercial uses
Retail sales (non-bulk items)
1 s ace er 250 gross buildings . ft.
Retail sales (bulky items, such as machinery,
1 space per 400 gross building sq. ft.
furniture, vehicles, etc.)
Shopping centers
l s" ace per 250 gross building sq. ft.
Animal care facilities
l s ace er 300 gross building sq. ft.
Food and beverage service establishments, excluding
1'space for each 50 sq. ft. of floor area intended for
fast food restaurants
public use.
Fast food restaurants
1 space per 100 sq. ft. for 50 percent of the gross
building sq. ft.; and one space per 65 sq. ft. for 50
percent of the gross building sq. ft. or one space per
2.5 interior seats, whichever is greater.
Funeral and 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 spaces 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
s aces), 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 1 space per 2,000 sq. ft. open lot area,
whichever is greater.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-77
ZO10-001
Use Classification
Off -Street Parking Required
Music rehearsal/recording studios
1 space Der 500 gross build ng s . ft.
Personal service establishments
1 space per 250 gross building sq. ft.
Barber/beauty shop/nail salon
2 spaces per chair or workstation.
Dry cleaning establishment
2 spaces plus 1 space for each employee.
Laundry (self service)
1 space for each 2 washing machines and/or dry
cleaning machines.
Recreation facilities indoors
Bowling alleys
4 spaces for each bowling lane plus additional spaces
for other uses.
Game arcades
1 space for each 5 coin-operated amusement devices.
Health clubs and gymnasiums
1 s ace er 250 sq. ft. of gross building sq. ft.
Poolhalls/billiards
2 spaces for each table or as determined through a
arkin stud .
Theaters
Parking study required. Parking subject to the
approval of the plannin community development
director or the hearing review body for the
development.
Offices and related uses
Financial services and institutions
1 space for each 200 sq. ft. gross building sq. ft.
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 building sq. 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 buildings . ft.
Light industrial/office mixed-use:
Light industrials . ft. of building
1 space per 500 gross building sq. ft.
Offices . ft. of building
1 space per 250 gross building sq. ft.
Mini -storage
Parking study required. Subject to approval by the
planning community 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 s ace per 500 gross building sq. ft.
Wholesale and distribution
1 s ace er 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-78
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Use Classification
Off -Street Parking Required
Libraries, museums and other cultural facilities
Parking study required. Subject to approval by the
10-25
planning communitydevelopment director or hearing
26-50
review bod for the development.
Public service and utility
Parking study required. Subject to approval by the
76-100
planning community development director or hearing
101-150
review bod for the development.
Religious institutions
1 space per 4 seats.
Schools (Note: The following are guidelines for public
At least 8% of total
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
ca aci , or asspecified by use permit.
Vocational, business trade schools
1 space per 150 gross building sq. ft.
Performing arts or other
1 space per 250 gross buildings . 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.
38. Arid 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
26-50
3
51-75
6
76-100
8
101-150
11
151-200
16
201 and over
At least 8% of total
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-79
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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 twenty-five (25) or more spaces electrical conduit capable of supporting suitable wiringfor or 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.
39. 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.
40. 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 uvidths 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 resulting 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:fhe public right-of-way shall be screened to headlight height
through the use of landscaped earth berms, low walls, fences, of hedges,-� or combination thereof, 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 be p-evided, and distr beted thr- .,,,a out the ,,.,long ., ea to r v ide shade
faf eafs, enhanee thevisual appear-anee of parking lets and sefeen views of eafs 40M buildings whieh
eveflook par -king areas. Clustefing of tfees within park* — I I I I e eansidered, subjeet to the appfeval e
the planning dit-eetef (of the planning difeetef's designated appointee) of the appfepfiate heafift—
bedy. The fequifefneiit for- eanapy trees in parlEing lots shall also apply te the top level of pafking struetums.
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 (21) to forty (40) cars, subject to
recommendation by the design review board and approval of a minor design review permit.
C. Planting afeas shall have aminimum afea of thifty six (36) squafe fiaet and a ffliflifRufn width 0
feet (62), . Tree Selection and Distribution. Parking lot trees shall be selected and located
to achieve maximum shading of paved surfaces, through utilization of the followingtechniques:
chniques:
1. Distribute trees uniformlythroughout hrou hg out parking areas, incorporating use of regularly spaced
finger islands (see illustration below) and landscape medians between_ parking rows to the extent
practicable.
2. Cluster trees on southerly and westerly perimeters of parking lots.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-80
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3. Provide minimum tree canopy diameters of fifteen feet (15') and include tree species with large
canopy diameters, e.g., greater than thirty feet Q0').
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 canopy tree species.
D. ,
Of Pafkifig 1E)tS Shall be
pfateeted along the pafking !at side with eenefete eur-bs ef wheel steps. Alter -native tt!eatfHents may be
eansidefed, stibjeet le the appfe-,�al of the planning difeetef (E)f the planning difeetef's designated appointee)
of the appropriate heafing review bedy. Minimum Size of Planting Areas and Tree Wells. Plantingareas
reas
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 t�pecies, tree wells shall have a
minimum area of six , -four (64) square feet and a minimum width of eight feet (8') exclusive of curbs, to
the extent this larger plantingarea ea 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 growth), amendment of soil (as recommended 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 -five (25) spaces or more a licensed landscape architect shall monitor tree
director that excavation. soil
established by this subsection to promote normal healthy tree growth. Such written verification shall be
received by the communi1y development director prior to use of the parkin fgacility 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 necessary to maintain compliance with the previously
approved landscape plan. For parking lots containingtenty-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 community development director prior to use of the parkin fg acility and/or
building or site occupancy.
L 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 fifty percent (50%) daytime shading,
FJ. 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, (innovative landscape design concepts may be substituted for the above standards
subject to the approval of the appropriate hea6frgreview body, including use 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-81
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Illustration 14.18.160
;LLU13T—ALTION OF F` rJNC L0j
LANG ,M AND 00 -,ER 5TAhV;%RG5
«:hti[.1.C.Arrt-P `FACES _.-
��€AE
t.f.:+fJT i
IrTAi'.aCM 40 I
ANDA -RE
41. 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 Caswell
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 and growth. (See Section
14.16.227 for additional standards on foot-candle intensity).
42. 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 reauired spaces within an existing Darkina lot aaDroved or established Drior to
adoption of this section (i.e., {insert date of adoption}) may be reduced in order to achieverg eater
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 I1) A-82
2010-001
intended use(s) 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.
DEA 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.
EF. Determination of the amount of parking improvements required to upgrade or improve existing
substandard parking conditions shall be made by the planfling community 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 11) A-83
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1tti
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-83
2010-001
CHAPTER 14.19 — SIGNS
43. Amend Section 14.19.055 to reference current electrical code requirements:
14.19.055 Illumination standards.
The illumination of signs from an artificial source shall be minimized to avoid a nuisance, hazard, light
and glare on the property where the sign is to be located and on the surrounding neighborhood. The
following sign illumination standards shall be required:
A. Sign Illumination Regulated by Zoning District. The type of sign illumination that is permitted shall
be regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter.
B. Illumination that is Permitted. All lighting shall comply with Nati iial Eleet••ie rode (NE -C-) current
electrical code requirements. The following types of illumination are permitted:
1. Internal illumination. The light source is internally located or concealed behind an opaque face
of individuals letters or a framed canister. The rays of illumination go through the face of the sign or are
projected outwards toward the edge of the sign forming a halo around the sign frame.
2. External, indirect illumination. The light source is exposed and directed toward the sign face
but is shielded or concealed from view with proper shields or glass lenses to avoid glare. Examples of
external illumination include gooseneck light fixtures and ground mounted light fixtures.
3. Reflective illumination. Illumination that is not electrically charged, but responds to light, such
as from passing vehicle headlights, by shining or glowing.
4. Neon. Exposed neon or other gas-filled tubing is "permitted with limited use, subject to review
and a recommendation by the design review board.
C. Illumination Intensity. No sign shall be illuminated so that the primary source of the light is visible
beyond the property line or in any way will cause excessive glare or brightness. The city shall reserve the
right to require and/or complete a post -installation inspection of the sign illumination. If, as a result of this
inspection it is determined that the illumination is too bright and adversely impacts adjacent properties and
uses, the city can require a reduction and/or adjustment in the intensity of the sign illumination, so that it is
in keeping with the general level of illumination on surrounding properties.
D. Illumination that is Prohibited. The following types of illumination are prohibited:
1. Blinking, flashing or fluttering lights or illumination that has a changing light intensity,
brightness or color;
2. Animation or moving messages;
3. Searchlights.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
44. Amend Section 14.19.070 temporary signs to allow_for temporary uvindolu, coVering daring
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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-84
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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 often 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;
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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-85
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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 may be 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.
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), (IT) 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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-86
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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 14.22.
Temporary use signs shall be displayed for the period of time established by the use permit.
I. Temporary Construction or Vacant Storefront Signs. 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 maX
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 storefrontlg 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 I1) A-87
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CHAPTER 14.24 — EXCEPTIONS
45. Amend Section 14.24.020.E to allow existing legal nonconforming residential buildings to request an
exception to the height limit to accommodate additions and assure design consistency for existing legal
nonconforming buildings that exceed the height limit.
14.24.020 Authority.
The plannin community development director shall approve, conditionally approve or deny
applications for exceptions. The plannin community development director shall review and decide the
following types of exceptions to site development standards which may be allowed:
A. Fence Height.
1. In any residential district, the maximum height of any side or rear yard fence may be increased
by a maximum of two feet (2'), where topography of sloping sites or a difference in grade between
adjoining sites warrants such increase in height to maintain a level of privacy or effectiveness of screening
as generally provided by any such fence in similar circumstances.
2. In any residential district, the maximum height of any front yard or street side yard fence may
be increased by a maximum of two feet (2') to prevent access to natural or physical hazardous conditions
either on the lot or on an adjacent lot.
B. Setbacks. The minimum front setback may be decreased by not more than ten percent (10%) and
the side setback may be decreased by not more than one foot in the R5 district. The minimum front and side
setbacks may be decreased by not more than 2.5 feet in the RT5 district, and by not more than five feet (5')
in the R10, R20, RI and R2a districts. In any of the above -listed districts, the side setback shall not be
decreased to less than three feet (3'). Rear yard setbacks may be decreased by not more than ten percent
(10%) in any residential district. Setback exceptions shall only be allowed where the proposed setback area
or yard is in character with the surrounding neighborhood and is not required as an essential open space or
recreational amenity to the use of the site, and where "such will not unreasonably affect abutting
sites.
C. Lot Coverage.
1. In any residential district, the maximum lot coverage may be increased by not more than ten
percent (10%) of the lot area, where such increases are necessary for significantly improved site planning or
architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or
amenities, and where such increases will not unreasonably affect abutting sites.
2. For single-family residences situated in any residential district, an addition of up to one
hundred (100) square feet of floor area may be permitted in conjunction with a request for an environmental
and design review permit for a "lift and fill" addition (i.e., raising an existing habitable floor space to permit
the creation of a new, single habitable floor area below), irrespective of the maximum lot coverage
restriction of the zoning district, where the planning community development director determines that the
floor area addition is necessary to permit circulation between the resultant stories of habitable floor space.
This exception shall not be available in conjunction with an exception pursuant to subsection (C)(1) of this
section.
D. Maximum Upper -Story Floor Area. For single-family residences situated in any residential district,
an addition of up to one hundred (100) square feet of floor area may be permitted in conjunction with a
request for an environmental and design review permit for a "lift and fill" addition (i.e., raising an existing
habitable floor space to permit the creation of a new, single habitable floor area below), irrespective of the
maximum upper -story floor area restriction of the zoning district, where the plamin community
development director determines that the floor area addition is necessary to permit circulation between the
resultant stories of habitable floor space.
E. Height.
1. In all nonresidential zoning districts, except the R/O district, building height may be increased
beyond the height limit where: (1) additional building height is required for a special use or function, and
the building is designed specifically for that use; or (2) there are special circumstances related to the site
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-88
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and topography which warrant the exception. For a public or quasi -public structure, a higher height may be
permitted where necessary for health or safety purposes. In addition, in all cases, nonresidential height
exceptions may only be approved where scenic views are not adversely affected, and where exceptional
design is provided. If the height exception is more than five feet (5'), the exception must be approved by the
planning commission as part of approval of an environmental and design review permit.
2. In all residential zoning districts, except residential properties subject to the—H overlay district
standards, building height may be increased beyond the height limit where: (1) the request is made for an
addition to an existing single-family residence that currently exceeds the established height, Qthe
requested height increase would not exceed the existing non -conforming building height limit or five feet
(5'), whichever is more restrictive, and (3) the height increase is warranted to assure design consistency.
F. Landscaping.
1. In multifamily residential districts, required buffer landscaping maybe modified, subject to
review by the design review board, where innovative landscape design is proposed, where there are special
circumstances related to the site and where such modifications will ensure an adequate buffer for adjacent
properties.
2. In all nonresidential districts, the minimum landscaping percentages may be reduced for
remodel projects, subject to review by the design review board, where redevelopment or remodeling is
proposed and existing conditions are such that complying with the standard make it infeasible to provide
adequate parking.
G. Parking.
1. Minimum driveway width for a residential use may be reduced, subject to review by the traffic
engineer and the fire department. Driveway exceptions shall only be allowed where such decrease will not
unreasonably affect abutting sites or create a hazardous traffic condition, and where there are special
circumstances related to existing site conditions.
2. Minimum aisle width maybe reduced, subject to review by the traffic engineer. Aisle width
exceptions shall only be allowed where such decrease will not create a hazardous traffic condition, and
where such reduction is necessary to provide for additional parking where existing parking does not meet
current standards.
3. In downtown residential projects, tandem parking may be allowed, subject to review by the
traffic engineer and the fine department, where necessary to accommodate the required parking spaces,
provided that the tandem spaces are assigned to the same unit and that the spaces are located convenient to
the unit.
4. In any single-family residential district, a recreational vehicle may be parked parallel to the
residence in the front yard where there is a curved or circular driveway or where there are special and
unique circumstances on the site because of topography or lot shape. Recreational vehicle parking
exceptions shall only be allowed where such parking is set back fifteen feet (15') from the front property
line and where it will not have an adverse visual impact on adjoining lots or lots across the street.
2013 AMENDMENTS TO SAN RAFAEL MUNIcrPAL CODE (PHASE II) A-89
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CHAPTER 14.25 — DESIGN REVIEW
46. Amend Section 14.25.040 to exempt upper story additions of 500 square feet or less in size from
design review and for internal consistency with the Second dwelling unit provisions and amendments
proposed 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 nonresidentialstructureswhere 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 I 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 whieh entail of aro inel idea
in uppef stavy additions to the pfineipal i-esidential dwelling whieh e�Eeeed five hundr-ed (500) squar-e feet,
eenstitute upper stety additiefls of an), size to separate or aeeessefy stftietidfes of are leeated in requifed Side
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. New majefvifelessWireless telecommunications facility, as prescribed under Section
14.16.360.B.
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B. Minor Physical Improvements.
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,tipper staiy- addifiefts of a" 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
or- aft 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. Uppef stefy addifieftsNjew two-story single -family and duplex residential structures
proposing; an upper story level over five hundred (500) square feet in size
.(See Section 14.25.050.F.6. for design criteria),
f. Upper-stoU additions to single -family and duplex residential structures over five hundred
(500) square feet in size (See Section 14.25.050.F.6. for design criteria),
g. Accessory structures on developed non-residential properties over one hundred twenty
(120) square feet in size,
h. Accessory structures on developed multi-family residential properties over two hundred
forty (240) square feet in size,
ft. New construction or reconstruction of boat docking facilities,
gj. 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 towels and public water tanks, windmills, monuments, steeples,
cupolas, and screens for mechanical equipment (chimneys are exempt);
it -New fninef 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 four Three feet (43') 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,
£ Drive-Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for
regulations,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-91
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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;
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 wall'ewest ��O
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,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-92
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19. Modifications to properties in the Eichler -Alliance (-EA) combining district which increase the
height of roof structures by more than six inches (6") or change the roof pitch, including the creation of
sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting,
but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage,
20. Rooftop equipment and screens visible from off-site,
21. Minor additions or modifications to a wireless communications facility, as prescribed under
Section 14.16.360.13,
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.
2-224. 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.
47. Amend only sub -Section 14.25.050.G.2 (Landscape Desiyn) of Section 14.25.050 (Review criteria),
which otherwise remains unaltered, to omit the reference to the specific MMWD ordinance number 414,
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) Ordinance4, and future
amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for
irrigation.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-93
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TITLE 17 — WATERS AND WATERWAYS
CHAPTER 17.10 - DUMPING, DREDGING AND CONSTRUCTION WITHIN TIDAL
WATERWAYS
48. 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 tideland f'" ,.e ffh..i to 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 plap&ing 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.
49. 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 tideland fill ,.,,.,ifni,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
fidel nd f'" ,,,.w,miff-ee department of public works, consisting of the city manager or his designated
representative, the director of public works, chief building inspector, and the planflin community
development director, shall approve, conditionally approve or deny the application within forty-five (45)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-94
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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
and the criteria, standards, and policies developed by agencies administering such regional and state plans.
The San Rafael tideland fill ,.,,...,., i to department 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 tideland f'" eeffifiii to department of public 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
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-95
2010-001
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.
(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-96
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Exhibit 4 -WEV Parking Memo
ZO10-001
el
. - -lopment
(415)485-3383
Memo
To: Paul Jensen, Community Development Director
From: Katie Korzun, Economic Development Coordinator
Date: July 20, 2012
Subject: West End and Environs Parking Requirement Changes
Background
In mid 2010, the Planning Commission recommended approval of new regulations for parking in
Downtown's West End. As part of that recommendation, the Commission requested a report on the
implementation of the regulations after several years of operation.
The regulations went into effect in June, 2010 and address parking in the area along Fourth Street between
D and Second Streets. Section 14.18.061 of the Municipal Code states that no additional off-street parking
is required for changes in land use and/or the re -tenanting of building area existing at the date of ordinance
adoption. New construction which increases floor area would have to provide off street parking. The
ordinance was intended to provide relief for instances where new uses going into existing spaces required
additional parking. An example of this would be the re -tenanting of a general commercial space with a
restaurant. The built out character of the West End severely limits the options for providing the required
additional parking. At the same time, there were unused spaces on Fourth Street.
A parking survey done as part of the ordinance amendment concluded:
The existing Code parking requirements for parking greatly exceed the realistic parking demand
generated by the uses in the Study Area. Changes of use and expansion of seating area that
increase Code requirements for the existing buildings in the Study Area can be accommodated by the
existing parking supply. During the peak use period of weekday noon, parking on Fourth Street
between G and Shaver will be nearly full, but parking will be available in the more distant areas west
of Ida and on D Street.
Analysis
In the past 2 years, Planning staff estimates that approximately 5 businesses have utilized the provision,
including 2 restaurants and a yoga studio. One of the businesses is no longer in operation. There is no
estimate as to how many re -tenanting actions occurred where a higher required parking use was replaced
with a lower required parking use. The building vacancy rate in the West End has remained at about the
same level.
A parking survey was recently conducted at noon, mid week, which was the highest use time in the 2009
survey. The on -street parking situation has not changed. Parking on Fourth Street between D and Shaver
is nearly full, but the more distant portions west of Ida and on D Street were available. Parking Services
indicated that they have not experienced an increase in the number parking complaints that can be
attributed to the ordinance change.
Conclusion
The ordinance has provided relief to businesses seeking to locate in the West End, and the parking
situation has not changed in any noticeable manner.
• Page 2
CITY OF SAN RAFAEL
REDEVELOPMENT AGENCY
INTERDEPARTMENTAL MEMORANDUM
DATE: March 2, 2010
TO: Paul Jensen, Planning Manager
FROM: Katie Korzun, Economic Development Coordinator
SUBJECT: West End Parking Study Conclusions and Methodology
Conclusions
It is good to see that the project is moving forward. Attached is the West End Village Parking
Analysis 2009, which came to the conclusions that:
• The existing Code parking requirements for parking (1,350 spaces) greatly exceed the
realistic parking demand (828 spaces) generated by the uses in the Study Area even when the
area is assumed to be 100% occupied
• The number of existing parking spaces (876 spaces) exceeds the parking demand (828
spaces) even when the area is assumed to be 100% occupied
• Changes of use and expansion of seating area that increase Code requirements for the
existing buildings in the Study Area can be accommodated by the existing parking supply.
Methodology
These conclusions were based on good data generated by a sound methodology. The Agency
used the same methodology and data sources to generate the 1999 Parking Report, the 2000
Parking Management Study, the negative declaration for the "C" Street Parking Garage, and the
Annual Parking Studies done over a period of about 5 years. Because parking is a key ingredient
in Downtown revitalization, the Agency has studied it extensively over a long period of time.
Specifically, the existing land uses were drawn from the City's Business License records.
Building areas were taken from the building area survey done in 1990 as part of the Downtown
Community Plan and updated with building records, the Paramedic Tax tables and real estate
company listings. This also generated the number of vacancies, which were taken into account in
the final demand analysis. The parking supply was compiled by a field survey, where Agency
staff and Community Development interns identified every space in the Study Area thru field
surveys. And finally, the parking use counts were done by the same stalwart staff and interns
walking the streets and counting parked cars every hour from 8 am to 6 pm for 3 consecutive
days (Tuesday, Wednesday and Thursday) in May of 2009. The parking counts were then used to
generate the average occupancy and the length of stay.
West End Village Parking Analysis 2009
The West End Village is not in the Downtown Parking District and on site parking is required.
Re -tenanting of buildings has been complicated by parking issues. The purpose of this analysis
is to quantify the parking situation and provide data for a discussion of alternative solutions.
Study Area
In May, 2009, uses on parcels facing Fourth Street from D Street to Second Street were
surveyed (Map 1).
Map 1 - West End Village Study Area
>c
AVE. �- riFTH AVE.
~ N y h
CAUIQ
(n 4]
£4 e
ST, FOURTH ST,
{ ` w - - r .♦
ID COIy*. a _ _ - e
- T yrr c �_ tATN4M ST --
j --.j ST.
3 4 +e4 e N 1t1:
In June, all public parking on Fourth Street from D to Second Street, and on E, Shaver, F, G,
Ida, H from Fifth to Second, Latham and Third Streets (Map 2) was surveyed.
Map 2 - West End Public Parking Surveyed
sr
Land Uses and Parking Required by Code
The Study Area includes 68 parcels containing 280,641 sq.ft. of non-residential building area,
96 residential units, 131 commercial lease spaces, 616 private on site parking spaces and 260
public spaces. Uses were categorized by the classifications used in the Parking Requirements
Section of the Zoning Ordinance (Section 14.18.040). Vacant buildings were categorized with
their last occupant, and all residential units were assumed to be 1 bedroom. Individual work
stations were not counted for nail and hair salons and a requirement 1 space for each 250 sq.ft.
floor area was used instead.
Figure 1 shows existing uses and the parking required by the current parking code. Overall, the
existing uses require a total of 1,350 spaces. Almost 1/3 of the building area and just over 1/3
of the required parking are retail uses with a parking requirement of 1 space per 250 sq. ft. of
gross floor area. Restaurants (fast food and food service) generate a requirement for 310
spaces, almost a quarter of the required parking. The six largest parking requiring uses, retail,
restaurants, residential, administrative offices and beauty and nail salons, generate 83% of the
total requirement.
Figure 1 - Uses and Code Required Parking
-2-
Parking
Spaces
% Pkg
Rank
Rank by
Use
Area
o Area
/o
Requirement
Req'd
Demand
by
Parking
Area
Demand
Retail
124,263
32.5%
1sp/250
497.1
36.8%
1
1
Food Service
24,629
6.4%
50%(cD1sp/50
246.3
18.2%
4
2
1.5 sp/unit
Residential
90,277
23.6%
144.0
10.7%
2
3
Administrativeo
1sp/300
0
Office
34,036
8.9%
113.5
8.4%
3
4
Fast Food
5,021
1.3%
50% 1sp/100
63.7
4.7%
12
5
& 1 sp/65
Beauty Nails
11,743
3.1%
1 sp/250
46.9
3.5%
8
6
Vehicle repair
20,229
5.3%
1sp/500
40.5
3.0%
5
7
Financial Services
9,145
2.4%
1 sp/300
30.5
2.3%
10
8
Retail Bulk
11,002
2.9%
1sp/400
27.5
2.0%
9
9
Performing Arts
6,459
1.7%
1 sp/250
25.8
1.9%
11
10
Wholesale
12,631
3.3%
1 sp/500
25.3
1.9%
6
11
Personal Services
6,149
1.6%
1sp/250
24.6
1.8%
13
12
Laundry
958
0.6%
1sp/2 machines
10.0
0.7%
20
13
Gym
2,464
0.6%
1 sp/250
9.9
0.7%
15
14
Mental Health
2,175
0.6%
1sp/250
8.7
0.6%
17
15
Vehicle Sales
3,677
1.0%
1sp/400
8.4
0.6%
14
16
Animal Care
2,458
0.6%
1sp/300
8.2
0.6%
16
17
Medical Office
1,139
0.3%
1 sp/225
5.1
0.4%
19
18
Arcade
1,310
0.3%
1sp/5 machines
5.0
0.4%
18
19
Vehicle Display
11,876
3.1%
1sp/2000
3.0
0.2%
7
20
Gas Station
256
0.1%
3spaces
3.0
0.2%
21
21
Dry Cleaners
924
0.2%
2sp & employee
3.0
0.2%
22
22
Totals
382,821
100.4%
1350.0
100.0%
-2-
Parking Supply
Parking in the West End is provided on site for 47 parcels (69% of all parcels) for a total of 616
private spaces. Public parking is provided on Fourth Street, the side streets and in a leased lot.
A total of 876 spaces exist, and the majority (70%) are private, on site spaces.
Figure 2 - Total Parking Supply
Type of Parking
Spaces
% of total
Public Total
260
30
Fourth Street
101
12
Side Streets
141
16
Leased Lot
18
2
Private total
616
70
Total
876
100
There are 10 different types of public parking spaces in the West End Study Area. There are no
metered spaces on the side streets, while Fourth Street has metered and time limited spaces.
Half the public spaces are 2 hour posted spaces and the side streets account for slightly over
half the public spaces.
Figure 3 - Public Parking by Type and Location
Type
4th Street
Side Streets
Leased
Total
%
10 hr. meter
0
15
0
15
6
2 hr. meter
66
0
15*
81
31
20 min. meter
2
1
0
3
1
2 hr posted
32
102
0
134
52
5 min. posted
0
0
2
2
1
No limit
1
16
0
17
6
HC
0
3
1
4
2
Yellow
0
3
0
3
1
White
0
1
0
1
1
Total
101
141
18
260
100
* Merchants may lease these spaces from Parking Services and park for more than 2 hours
Public Parking Space Use
In June 2009, all the 260 public spaces were surveyed on Tuesday, Wednesday and Thursday
for the number of cars parked and the length of stay for each car. The 3 days were then
averaged to give a weekday average.
Figure 4 - Public Spaces Occupied by Hour of Day and Location - Weekday Average
-3-
8 am
9am
10 am
11 am
12 pm
1 pm
2 pm
3 pm
4 pm
4 th
10
20
38
45
61
58
50
43
47
Side
33
39
61
70
87
95
80
77
83
Leased
2
2
8
8
8
7
8
8
9
Total
45
61
107
123
156
160
138
128
139
-3-
The highest parking usage is at noon, when 60% of the public spaces (156 spaces) are used.
Parking on the side streets is slightly higher than on Fourth Street, and the leased lot is much
lower at about 44%.
Figure 5 - Percent of Public Spaces Occupied by Hour of Day and Location -
Weekday Average
Most of the available (empty) parking spaces are on either end of the West End Village.
Specifically, the 10 hour spaces on E Street and the 2 hour posted spaces on Fourth, west of H
Street, are lightly used. The public parking lot at 1556 Fourth also has low usage. The 69
metered Fourth Street spaces can experience occupancy of 88% at noon, which could give a
perception of limited parking availability when there are available spaces a block away.
Figure - 6 Use of Fourth Street Metered Spaces - Weekday Average
8 am 9am 10 am 11 am 12 pm 1 pm 2 pm 3 pm 4 pm
Spaces 10 21 38 45 61 58 50 43 47
% 14 30 55 65 88 84 72 62 68
Length of Stay
On an average day, 645 cars park in the 260 public West End spaces, and the majority (88%)
park for 2 hours or less.
Figure 7 - Cars Parked by Hours Parked and Location - Weekday Average
8 am
9am
10 am 11 am
12 pm 1 pm
2 pm
3 pm
4 pm
4 th
10
20
38 45
61 58
50
43
47
Side
23
28
43 50
62 67
57
55
59
Leased
11
11
44 44
44 39
44
44
50
Total
17
23
41 47
60 62
53
49
53
Most of the available (empty) parking spaces are on either end of the West End Village.
Specifically, the 10 hour spaces on E Street and the 2 hour posted spaces on Fourth, west of H
Street, are lightly used. The public parking lot at 1556 Fourth also has low usage. The 69
metered Fourth Street spaces can experience occupancy of 88% at noon, which could give a
perception of limited parking availability when there are available spaces a block away.
Figure - 6 Use of Fourth Street Metered Spaces - Weekday Average
8 am 9am 10 am 11 am 12 pm 1 pm 2 pm 3 pm 4 pm
Spaces 10 21 38 45 61 58 50 43 47
% 14 30 55 65 88 84 72 62 68
Length of Stay
On an average day, 645 cars park in the 260 public West End spaces, and the majority (88%)
park for 2 hours or less.
Figure 7 - Cars Parked by Hours Parked and Location - Weekday Average
Long term parkers (4 or more hours) are usually employees rather than customers, and the 10
hour meters, unlimited time spaces and the leased lot passes are provided specifically for their
use.
Figure 8 - Cars Parked by Hours Parked in Long Term Spaces - Weekday Average
1 hour
2 hour
3 hour
4 hour
5 hour
6 hour
7 hour
8 hour
9 hour
4
236
45
5
0
0
0
0
0
0
Side
198
79
28
7
5
2
3
4
6
Leased
16
5
1
1
0
1
2
1
0
Total
450
129
34
8
5
3
5
5
6
Long term parkers (4 or more hours) are usually employees rather than customers, and the 10
hour meters, unlimited time spaces and the leased lot passes are provided specifically for their
use.
Figure 8 - Cars Parked by Hours Parked in Long Term Spaces - Weekday Average
The length of stay in these spaces indicates that, with the exception of the unlimited time
spaces, they are used for short duration stays. Either employees come and go every few hours
-4-
1 hour
2 hour
3 hour
4 hour
5 hour
6 hour
7 hour
8 hour
9 hour
10 Hr
18
10
3
1
0
0
0
0
0
No limit
3
2
2
1
0
1
1
2
3
Leased
12
4
1
1
0
1
2
0
0
Total
33
16
6
3
0
2
3
2
3
%
49
24
9
4
0
3
4
3
4
The length of stay in these spaces indicates that, with the exception of the unlimited time
spaces, they are used for short duration stays. Either employees come and go every few hours
-4-
or the spaces are not used. Given the number of parcels with on site parking, it is likely that
many employees park on site. Antidotal evidence, primarily complaints to Parking Services
indicates that where there is no on site parking, such as for the side street office uses,
employees move their cars on a regular basis in the posted 2 hour areas rather than pay and
walk to the unused 10 hour meter spaces.
Code Requirement and Observed Use Comparison
The Code requirement for parking is 587 spaces higher than the maximum observed parking
use. No survey was done of the 616 private spaces, so a 100% occupancy rate could be
assumed. The highest use of public spaces occurred at noon, so the maximum number of
spaces occupied at any one time was 772 spaces.
Figure 9 — Code Requirement and Observed Use Comparison
Type
Number
Reference
Private
616
Figure 2
Public
156
Figure 4
Total Occupied
772
34
Code Required
1,350
Figure 1
Difference
578
876
Vacancy Adjustment
When the parking demand is adjusted to provide parking for vacant lease spaces, the existing
parking supply is still greater than the adjusted demand. When the use survey was done, there
was a total of 52,815 sq. ft. of vacant lease spaces which were not generating a parking
demand. Of this area, 38,911 sq. ft. has on site parking that will absorb the demand. The
remaining 13,904 sq. ft. has no on site parking and will rely on public parking. The parking
demand generated by these spaces could be assumed to be per code of 1 space per 250 sq.ft.
of area (56 spaces). When this is added to the observed use number of spaces, there are still
available spaces.
Since code required parking is in excess of the observed use, the parking demand generated by
the 13,904 sq. ft. could be the same rate as the observed rate in June 2009. This would be
266,737 sq. ft. occupied space using 644 non-residential spaces (788-144 residential spaces) or
1 space per 414 sq. ft. area and 34 spaces.
Under either scenario, 48 to 70 spaces would remain empty at periods of peak use, a range of 6
to 8% of the total supply
Figure 10 — Parking Demand Adjusted for Vacancies
Spaces
Rate #
Rate
#
Occupied Spaces
772
772
Vacancy Demand
56
34
Estimated Demand
1/250 828
1/414
806
Existing Spaces
876
876
Remaining Spaces
48
70
-5-
Conclusion
The existing Code parking requirements for parking greatly exceed the realistic parking demand
generated by the uses in the Study Area. Changes of use and expansion of seating area that
increase Code requirements for the existing buildings in the Study Area can be accommodated
by the existing parking supply. During the peak use period of weekday noon, parking on Fourth
Street between G and Shaver will be nearly full, but parking will be available in the more distant
areas west of Ida and on D Street. Many employees currently park either on site or in the 2
hour posted side streets for free rather than pay to use the 10 hour spaces on D Street or in the
leased lot. The side street spaces are also used by offices on Fifth Street. Complaints from
these employees about the perceived lack of parking will continue, but do not reflect the reality
of the parking situation.
on
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 (Ml).
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 II) A-35
ZO10-001
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 dry)
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
CZ
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 I1) A-36
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.
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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 transitways
C
Residential Uses
Single-family residential
C
Duplex residential
C
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-38
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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 Chapter 14.17 standards
Large (7-12 adults)
C
See Chapter 14.17 standards
Emergency shelters for the homeless
Permanent
C
See Section 14.16.115
Rotating or temporary
C
Day care center
CZ
Temporary Uses
Temporary uses
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
See Chapter 14.16 regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-39
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CHAPTER 14.12 — HILLSIDE OVERLAY DISTRICT (-H)
12. Amend Section 14.12.020 Hillside (—H) overlap district to refer to the General Plan land rrse
"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
ditsdesi nag 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 distrie[designations.
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 fi•ont yard setback would
increase the rear yard setback by five feet (5').
C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage
figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural
state. This standard may be waived or reduced for lots zoned PD (planned district) or developed with
clustered development 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-40
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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
1001 1001
fIIPGE
LINA
NO BUILDING
WITHIN 100
D� VERTICAL FEET
F. Parking Requirements. On sheets 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
parkin space), space), and it would reduce the need for excessiverg ading, 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 eighteenpercent (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 marshal to allow a driveway or street slope up to a
maximum twen -five percent (25%)grade. Streets and driveways with slopes over fifteen percent (15%)
shall be be apermanent, durable, non-asdurable, non -asphalt hardscape surface. Streets and driveways with slopes over
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-41
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eighteen percent (18%) shall have grooves/scoring for traction. A suitable transition shall be provided at the
street and driveway apron to allow vehicles to safely transition to/from roadways and parking areas, as
recommended by the department of public works. Further, the design of the driveway apron at the garage
shall be subject to review and approval by the department of public works to ensure safe and efficient
vehicle ingress and egress.
I. Design Review Requirement. An environmental and design review permit may be required,
consistent with the requirements of Chapter 14.25, Environmental and Design Review Permits. All
applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-42
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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 to
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 lots properties located within the city of San Rafael whieh
that contain wetlands leeated within the eity of San Rafael. The wetland overlay district that is classified on
the !q 's zoning map is ph -teed applied and adopted on those lets properties which have contain wetlands
whieh that have been identified and confirmed by the U.S. Army Corps of Engineers, An 0 lots I'vith
inventor;y of properties that contain known and confirmed wetlands is available in the planning
depafxenteommuri , development department.
B. emarl • etiandsWetlands are known to exist throughout the community that are not identified or not
shown in the wetland overlay district, as they are typically discovered and confirmed as part of a site-
specific assessment. Nonetheless, all wetlands are pfestimed to exist in the eity, are protected under all of
the terms and provisions of this chapter, and shall be fezefted when they afe ,demi fie . A property
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 adopted for the property.
C. Submerged properties and tidelands lots that are located within the wWaterW)dDistrict-,N4+"
requires compliance with theme provisions of the -WO District, except
that such lets properties need not be rezoned to the wetlaiid oveflay distf e -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 ef-the
underlying zoning district with which a wetland eveflay distriet -WO District is combined, provided that
the following additional requirements shall apply � 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 presefying-the natural contour
of the wetland and to minimizinge impairment, alteration or loss of wetlands.
B. Wetland Setbacks.
1 T-heA wetland setback shall be measured from the edge of a wetland, as determined eelisisieH4
with through application of the procedures in Section 14.13.05(A), Determination of wetland boundaries;�o
any struetur-e. 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
minitnufn ef fifty feet (50'). A wetland setbackor— - ene h,..�.fed feet (IGG` greater than fifty feet (50')
Ln width may be required on lets -properties larger than two (2) acres in size, as determined through the site
development review rp ocess.
3 Exeeption:: 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-43
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ten percent (10%0) of the minimum setback requirement A minor encroachment may berag nted i€4he
planning ,.,,mmissio makes the findi~T�u��provided that the following can be demonstrated b�qualified
wetland expert to the satisfaction of the city:
+a. The prepesed reduced setback or minor encroachment adequately protects the value
functions of the wetland to the maximum extent feasible; and habitat t,, the satin aet:en of the eit• • after
review by the appfopfiate publie wildlife ageneies and the publi-e; of
2b. The t.. t . plie..tion of -the sett,aek re 0 o„t,, wind subst...Aially teff ..o v i
eeaiiemieally viable use ^f-theepe •t The environmental values of the wetland will not be impacted by
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 AreasMeasures within Wetland Setback. Within the wetland setback -areas, appropriate
measures, such as fencing and screening, landscaping, setbaeks f • reads and ~„••'.ing lots, and natural
habitat areas are required in the .,,.,da d sett,ae to minimize adverse impacts on wetlands and wetland
habitat.
D. Landscaping and Vegetation within Wetland Setback. Landscaping Whieh is ~e~ ffiv sive to
wetland habita4 shall be. used in ,,uifed wetland setbae'... 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. A dd:t:enall y o eta4ie whieh enhanees wetland habitat values and
theuse of native t,.,......, .......5,..,. ,..., ..,. ,.,.. ,..:,, .., ,.....,,.... ;.b,....
E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent
the disruption or degradation of adjacent wetlands. The ~'a~~i~g depat4meR4 shall require hBest-
management practices shall be required to minimize siltation, sedimentation and erosion, subject to
approval by the department of public works. To ensure that sediment remains on the site and is not
transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with
permanent vegetation.
F. Stormwater Runoff. Stormwater runoff : 1 the systems shall be designed to
y g --) `"
veltiffle of stetffiwater- runoff to a wetland 4 -of , n a development ever- the existing volufne of mneffi, as well
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 Wig -community 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.
A" fequest f a o o,...,it &f fill ,, ,st demonstrate that the ,., &pesod 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 a f� 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 fi" is unavoidit is demonstrated that wetland fill cannot be avoided,
the planning commission 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 a fainimufa of two "` a
lest,,v�,etlands efea4ed of festafed, on site of eff site, for- evet-f aer-e of wetland 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.
Rxeeption: An ex-eeption to the fill mgdlatiens fw�y be granted if the plannin— makes the
fitidiiig that:
eeenemieally viable use of the pfepefvy,�e�,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-44
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2. The wetland is iselated and an aere of less in size, and thefe is no net less in EltiftH&�'Of qUality Of
wetlands.
2. Waiver. A waiver to the fill regulations may be granted bye 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 oversighte.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-45
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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 that are applicable to sites in all or several districts.
The site and use regulations listed in this section are intended to ensure that new uses and development will
contribute to and be harmonious with existing development, will reduce hazards to the public resulting from
the inappropriate location, use or design of buildings and other improvements, and will be consistent with
the policies of the general plan. These regulations shall be applied as specified in the district regulations,
and as presented in this chapter.
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 a principal building and requirement for screening front view from the front yard
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 buildingon n the
same lot) shall comply with all requirements for principal buildings, with the following exceptions and
additional requirementsthe following standaMs.
0
) of the t!eqtiifedside ef feat! yafd areas.
B. 14eight. The heigh4 of an aeeesser-y stniettif-e shall not eyeeed fifteen feet r
exeept as iieted inG. Alley Setbaek. An aeeesser-y stt-uetui-e shall be lee4ed a fninimum of five feet r
) ftem an alley.and the side pfopeftyY)
line,building;t it ll tn the main
feet; it shall
and,
it may be beilt to the side prepefty line. It shall be
Aeeesset'y struetur-es shall net be leeated withiii beth side yar-ds. An aeeessefy stftietufe shall fnee4 sethaek
requifements f ..,.,,ye fse , .. lots ceetion_14.04.030(D)-.
building, pfevided they shall be at least six feet r
) ffem any main building existing of undef e t. 4.- t i en
an the same lot er- any adjoining let. An aeeesseity struettffe shall fneet sethaek fequkemeffts fef r-evef-se
eef-aef lots, Seetion 14.04
(120) sqtiafe feet in size and ineludes sanitat--y f4eilities shall feqttife (pfier- to isstianee of a building pefmit)
reeefd4ien of a deed festfietien with the eounty of Mar -in to indieate that the detaehed aeeessefy stf Hettffe
eannot be utilized as a seeend dwelling tinit, unless it eamplies with the r-equifements of Seetien .
A. Applicability. These standards shall apply to all zoning districts that permit accessory structures
(i.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 II) A-46
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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 applied.
B. Timing of Installation. An accessory structure shall be constructed concurTent 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 systems 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 improvements 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
walkways mLay be located within the required front yard setback and/or street side yard setback; provided
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 any front yard 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 feet (8')in height measured
from grade to roof peak;
ii. Fountains, trellises, statues and decorative yard provements no taller than six feet
(6') in height;
iii. Retaining walls up to four feet (4')in height above grade e.g., exposed wall height
above finished grade, as determined by the community development director);
iv. At -grade walkways and decks less than twelve inches (12") abover� ade.
b. Three-foot (3') Minimum Setback. The following accessory structures may be located
within three feet of the rear and interior side yard property 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-ground spas. 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 property line.
d. Easements and Property Lines. No structure or portion thereof, including overhangs and
foundations, shall obstruct an easement or cross a property 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-47
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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.
£ 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
alley.
4. Coverage. In addition to counting toward the total lot coverage limit that applies to all
structures on a parcel, residential accessoiy 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 foa-percent (40%)
pervious landscape area.
F. Nonresidential Accessory Structures. The following standards shall apply to accessory structures
where permitted in a non-residential zoning district.
1. In a nonresidential district, above ground accessory structures are permitted when such
structures do not alter the character of the premises, 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., "cargo" 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 installation of refuse enclosures on multi family, »axed -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 tempora 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 L1/0 districtseg nerally bounded
by Bellam Boulevard and I-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-48
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Map 14.16.115
V % �
C
G �
LVOGo
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 entr -ways and one-half foot-candle at walkways and parking lots). The lighting shall be
stationary, directed away from adjacent properties and public right-of-ways, and of intensity compatible
with the surroundingarea.
rea.
3. The development mU 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. Parkin; 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 masona walls not less
than five feet (5') high with a solid -gated opening and that is large enough to accommodate a standard -sized
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-49
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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 rovided 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 city 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, showeringand/or
nd/or
spendingthe he ni hg 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 p}aees
e} eine and/or stairways may project no niefe thaH tip to three feet (3') into any required side or rear yard
and man up to six feet (6') into any required front yard._` pe ~ea deek" under twelve
,,gees (12") i height r-etai
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 four feet (4') or less in height measured from the tOe Ofthe Matt 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, statttes and et'.:.,. deeeffftive yafd impfevemefl4s, f u
feet (4') er- less in height, M. - ... 1. Piired fi-ent yard, and six feet (G) of less in heigh
may be allowed within r rod- ";ao_„ra r-eaf .,,.a"
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
rg ade 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
covered by solar panel installations pursuant to Section 14.16.307 play and storage structures not requiring
a building permit that are one hundred twenty (120) square feet or less in size and eight feet (8') or less in
height, structures that are located entirely below both existing and finished grade, play aiid stafage
t , afe ene >7,,.,dfed twenty ( 2m " e feet ,I less L 111 size.
•
2013 .AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-50
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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 four feet (4') in height, measured from exterior finished grade may
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 four feet (4') 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
FENCE HE*MT
Iimufutm., IF
llffflff[lillllll
2. Recreation Fences. Fences for swimming pools are subject to the requirements of the building
code. Fences for tennis courts fftffy 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 or wall, or combined fence and
wall structure shall be measured vertically from finished ground level, as determined by the building or
planning official, to the top of the structure at any given point see illustration "Maximum Allowed Fence
Height Measurement). Structural and/or decorative elements may not exceed the maximum height limits,
except for minor decorative entryway treatments as permitted in this section. Terraced fences and/or
retaining walls shall provide a landscaped horizontal separation of at least four feet (4') otherwise they
shall be measured based on the overall combined height, as illustrated below; unless an exception is granted
by the community development director under the provisions of Chapter 14.24.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-51
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Maximum Allowed Fence Height Measurement
a— Fence
Max,
Allowed
Retaining once
aG=ull wall Height
lipd1110Ca
11 Er 411= Ilil
'BEA W11-
^n�!r it rn01If--z-IV1=1111=fill ,Vl 2III P`
�griIIIPfill - oil gilo,llir�°-
i,,— Property Line
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 streetscape. A minimum setback buffer of six inches (6") should be provided
for each one -foot (1') of increased height.
B. Sight Distance. Fe -neer ef egeta4ien that -edu e . sibi ity and the safe ingress and e
vehieles er- pedestr-ians shall net exeeed a height of thfee feet (32) within fifteen feet (15') at an),
Fencing- vegetation and retaining walls located near a drivewav or street intersection shall not conflict wit]
C. Permits Required. Fences over six feet (6')
design review, Chapter 14.25 of this title. Note: A t
feet (6') in height and retaining walls over.four feet
hall be'subject to administrative environmental and
gilding permit may be is required for fences over six
4') or that sunnort the adiacent hillside or nronerty
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 wall provisions.
3. No nonconforming fence or landscape retaining wall shall be moved or replaced at its ne
l-eea ien unless it conforms to these fence and wall provisions, except for certain residential fences as
_provided below.
4. An
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
January 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 feet (6'), 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.a., exhibiting a pattern of tall fences, walls or hedizes in the front yard
and/or street side yard)
.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 1I) A-52
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d. A landscape buffer shall 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 necessaU permits shall be secured from the city(e.g., approval of a license agreement
or encroachment permit if fence is located within the public right-of-way); and
£ 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 underling district.
23. Amend section 14.16.220 Home Occupations to implement the California Homemade Food Act
(AB1616), and clarify that `animal keeping' for commercial proposes is generally not an allowed home
occupation, consistent with the provisions of Chapter 14.117.•
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 instir-eensure
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, xcept
that a cottage food operation (as defined in the State of California, Health and Safety CodeHSC 11) 3758)
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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-53
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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.
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 113758,6f 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
usually experienced in an average residential occupancy in the district under normal circumstances wherein
no home occupation exists. This may include but not be limited to a home occupation that wouldeng, erate
traffic associated with the business outside of normal daytime business hours or on Sundays, or other
impacts not typically 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 effigies; or medical offices;
g. painting of vehicles, trailers or boats;
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-54
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hphoto-developingt or photo studios;
iprivate schools with organized classes;
j_upholstering;
k_ fortunetelling.
1_A medical marijuana dispensary, which is not permitted as a hemo eeetipation in any district
within the city of San Rafael..-;
m. Ffirearms dealer is
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 peddler, vendor or itinerant merchant activity that is not proposing to operate from a fixed
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
a The use would primarily serve existing customers employees ana commuters arreaay
area.
c Adequate parking shall be available for the primary uses on the property with the addition
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 approved by the Marin County 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 m y 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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-55
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25. Add Section 14.16.227 in order to codify past practices and apply the standards for light and glare
uniformly throughout the City, which are currently only reviewed for projects that are subject to design
review:
14.16.227 Light and glare.
Colors materials and lighting shall be designed to avoid creating undue off-site light andlag_ re 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, walkways and parking lots. In general terms, acceptable lightinglevels
evels
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.
E. Installation of new lighting fixtures or changes in lightinkintensity on mixed use and non -
Chapter 14.25 (Design Review).
F. Maximum wattage of lamps shall be specified on -the plans submitted for electrical permits.
G. All new lighting 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 1416 295 to establish general requirements for maintaining adequate sight distance at
intersections and driveways, currently only implemented for fences and vegetation:
14.16.295 Sight 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 any intersection or driveway, or as determined by the
director of public works. In general, fencingamprovements 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:
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-56
ZO10-001
Illustration 14.16.295
CURB RETURN
15'
i
i
i
i
CURB RETURN
I �
VISION TRIANGLE
1 �
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
neighboring property 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 fi•om all propenty
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
Section 14.16.320 and 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 gu ade,
b. Installation of a locked anti -climb device on the tower,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-57
2010-001
c. Installation of a locked, protective fence at least six feet (6') 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 system.
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
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 Droperties. As Drovided 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
applicable zoning district development standards shall be permitted by right, subject to issuance of a
developed property, consistent with 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
buildings.
5. The city may impose reasonable restrictions that do not significantly increase cost of systems
for solar heating more than 20 percent (20%) or photo -voltaic more than $2,000, or decrease efficiencX
more than 20 percent (20%1.
6. The City may require that panels be designed with low-reflectivi 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 energsystem.
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 apy 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 energy production 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 the power grid, that is proposed other than on existing buildings or paved parking lots (e.g.,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-58
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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). Solar energy production facility(s) shall only be established where
"utility facilities" are listed as a conditionally permitted quasi public use in the underlyingzoning oning district
land use table(s).
30. Amend section 14.16.320 to be consistent with concurrent antendments to the accessory structures
standards:
14.16.320 Swimming pools, -and hot tubs, and other mechanical equipment.
fequired ffent yard setbaek or be less than 4ve feet ' No pump or filter
installation, air conditioning; unit or similar mechanical equipment, including new but not limited to
transformers for electric vehicle charging stations and wind energy systems, shall be less than five feet (5')
from any property line. If a pump or filter or any similar mechanical equipment, including new but not
limited to transformers for electric vehicle charging stations and wind energy systems, 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. Sound attenuation shall be provided around mechanical equipment to ensure that any mechanical
noise that is perceptible at the property line (andeg nerally measured in direct line of sight of the equipment)
is attenuated to the maximum extent practicable and that daytime/nighttime thresholds established under
SRMC Table 8.13-1 for the applicable zoning district are not exceeded.
31. Amend section 14.16.360 to update wireless facilities regulations in an effort to streamline review
consistent with provisions of the amended Federal Telecommunications Act of 1996 & Section 6409(x)
of the Middle Class Tax Relief and Job Creation Act of 2012, and the Federal Communications
Commission Notice ofproposed Rulemaking, further encourage stealth design solutions, antend and
downgrade review authority for existing and stealth facilities, and extend the annual City RF review
period front 3 years to S years:
14.16.360 Wireless communication facilities.
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 ground mounted facility monopole/tower sites as a
primary option rather than construction of additional single -use towers.
4. Allow the communi , development director, or delegated staff, to make certain determinations
under the provisions of this section.
B. Pefmits Zoning Review Required.
1. Ministerial Review. A staff level ministerial review shall be required and obtained from the
communi _ development director, and no discretionary use permit or environmental design review planning
permits shall be required, for the following Wes of wireless communications facilities to assure
compliance with the requirements of subsections G, H, I, J, K, L and M of this section:
2013 AMENDMENTS TO SAN RAFAEL ,MUNICIPAL CODE (PHASE II) A-59
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a. Co -located facilities on an existing approved monopole or tower structure (i.e.,rg ound
mounted facility) 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. The
alteration or addition shall not significantly change the appearance of the existingfacility acility or its stealth
design features or increase visual height overall dimensions, or ground lease area by more than ten -percent
(10%).
b. 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 entirelygrated with the building fagade, the
modification shall utilize or improve existing roof -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.
c. 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 the provisions of
Chapter 14.25.
2. Discretionary Review. A zoning administrator level use permit and an environmental and
design review permit shall be required for the following nev,, 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 gI•ound-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. Any facility which in conjunction with existing facilities in the area, exceeds the Federal
Communications Commission (FCC) standards for public exposure for radio frequency radiation (RFR)
emissions.
Miner additions or- madifieations to existing perinitted f4eilifies that will iiet signifleantly affeet fadie
c. The community development director may determine that minor modifications to an
existingfacility acility shall be subject to an administrative level design review. In general, to be deemed a minor
modification the alteration or addition shall not significantly change the appearance of the existing facility
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 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.
ED. 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 and any revised application
materials in the manner prescribed:
1. A completed application form, signed by the property owner auth,.fizea . en4pr
accompanied by a letter of authorization that states the property owner has read and agrees to the filing of
the application as well as the specific Conditions of Application cited on the application form, and
accompanied by the required fee. Application procedures and processing timeframes shall be in accordance
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-60
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with state law requirements and the procedural guidelines established by the community development
director.
2. Peer Review. Prior to accepting an application as complete, the city may require at its sole
discretion that a peer review of the project be conducted by a qualified RF engineering� consultant, as
deemed necessary to confirm the adequacy of the RFR study and/or the technical design requirements of the
facility. The consultant shall be selected by the ci1y and paid for by the project applicant. Peer review is
typically required for new ground -mounted monopole or tower facilities, building mounted facilities
lacking stealth design facilities proposed within the less -preferred residential and open space areas, or RFR
studies that are deemed to warrant further review.
3. Submittal/Re-submittal Meeting Required. Applications for a wireless antenna facility must be
made in person during the community development department, planning division public counter hours. A
pre -submittal meeting is encouraged and a re -submittal meeting; shall be required. Applications and any
subsequent resubmittals that are not made in person and during scheduled times shall not be deemed
accepted for filing and will be returned.
4. Pre -application or Conceptual Review. A pre -application and/or conceptual review are strongly
recommended prior to submitting formal applications for new ground -mounted monopoles or towers, new
building mounted facilities or projects in less -preferred residential and open space areas.
5. Revised applications. Unless waived by the commurifty development director, resubmitted
applications that result in a substantially revised facility design, size, height or location such that a new
round of completeness review is warranted, shall be required to be withdrawn and a new application shall
be filed for the substantially revised project.
6. Extensions of time. Applications deemed incomplete must be resubmitted within 30 days or
thev shall be deemed automatically withdrawn, unless the an' Wicant. has reauested a one-time extension in
new application shall be required in order to proceedwith the project.
27. Six (6) initial 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 property on which the facility will be placed,
and a detail site plan for the project area, as needed for large sites, provided 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, and
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,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-61
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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.
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.
38. 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.
-49. Future Co -Location. For new ground -mounted towers or monopoles, a signed statement
that the applie carrier, 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.
-510. Story Poles. Story poles or mock-ups may be required if deemed necessary by the
community development director.
611. Radio Frequency Radiation (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,if available, 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
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-62
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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.
-712. Noise Analysis. A noise analysis for emergency generators or other noise-producing
facilities.
Applications accepted as complete. Once an application has been accepted as complete, it shall be
promptly scheduled for hearings, and a decision shall be made based upon the quality of the information
presented by the applicant.
D. Review Authefity. Atitherity ever- the pr-evisions and fequir-ements of this see4ieii shall lie with thee
has the authefity4w.
a. Exempt applieations fef fnifief additiens or ffledifiea4ions to existing pefmitted f4eilifies that will
pefmk, and take aetion to appfeve, eeiidifiefially approve of deny an administfalive level envir-eamental
and design feview permit;
e. Refer- applie4iens to the planning . . for- feview and aetion.
2. Design Review BE)afd. The design feview beafd shall serve as aii RdVisety beEl), tO the planflifig
stibj „t t, an administfative to of.,l
0 0.,tand do 0 0 �efffl;t.
a. New ,found m „ted f eili es (t,,wefs e elps);
,
(750%o) of the FGG stendard for- publie expespr-e; and
e. Any applieation fefer-fed to them by the eemffltinity rrivnti-dii vvtva .
z. r0 l0cutcd�a£l�ticsorzii7�pi0ved-stfuet,,re, an
l Budd;.,. mounted f ,,;l;t;os
,
Appe
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 for the requirements for
validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed
modifications to existing facilities which shall remain 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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-63
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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
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, lightstandards and other
utility strictures 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 architecturally 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 fagade. 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 b�quired to confirm whether a particular design solution would clearlygrate 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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE Iu) A-64
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c Designed using high-quality 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 syle-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
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 bathe project
applicant.
1. 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:
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-65
Z010-001
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:
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. T4riecFive-Year Review. The owner or operator of a wireless communications facility 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 ..at4i, pale in the m -__ __ _ o oaf by the eit., of the RF f the f ilit... The requirement for a
___"__ r______�r ____ � � vi uav auviii�
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 threefive-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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-66
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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 pgrade 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 .
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.
N. Definitions.
1. "Ground Mounted Facility" means a monopole, tower or any structure built for the sole or
primary purpose of supporting FCC -licensed wireless communications facility antenna and their associated
facilities. Wireless antenna facilities and equipment that are mounted onto an existing structure, including
existing utility poles, shall be considered building mounted co -located on an existing structure.
2. "Base station" consists of "radio transceivers antennas, coaxial cable, a regular and backup
power supply, and other associated electronics.
3. "Lease area" means the defined area on the ground or on a building in which wireless facility
equipment is placed and/or enclosed.
32. Amend section 14.16.370 to incorporate all existing acrd frrture 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 Ne�4 as adopted and
periodically amended are applicable to the following projects:
1. Any project that proposes new or rehabilitated landscapes which are developer -installed in single-
family residential and all other residential developments, regardless of size, where the proposed landscape
area is equal to or greater than two thousand five hundred (2,500) square feet;
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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
amendedNe-44-4. The approval of an environmental and design review permit shall be conditioned to
require the applicant to provide written verification of plan approval from MMWD prior to the issuance of a
building permit and/or grading permit.
2. Projects Requiring a Building Permit and/or Grading Permit only. When an applicable project is not
subject to an environmental and design review permit but is required to secure a building permit and/or
grading permit, such permits shall not be issued until the applicant has secured, in writing, MAI"
approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance as adopted
and periodically am,ndedNe-. 4-4.
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 amendments4. 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. (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 annual beeping 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 properly, 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 property:
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 -keeping use on the
ro e
3. The applicant shall notify 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
community development department, planning division.
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4 The maximum number of bee colonies (hives) that may be 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 healthy 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-keepingtraining,
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 property 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 hive 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 and-eOther nonexempt animals are subject to individual case review, and maybe 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.
£F. Nonconforming Animal Keeping.
,
an�, stieh pfapefty of dwelling tinit shall beeeme illegal, unless the owner- has applied faf and ebtained afty
r-equir-ed land tise per-fflit in eefifer-manee with this title, of has applied fef an eAeflsien of-the ameffizMien
pefied . ;d^d hefeafter
2. The eemmunity development depaFtment shall Oublish and past a wfi4ell fiefiee fft least flifiety
(90) days pfief te the expifation of the amef4izatien pet-ied, advising that afly aw-fiefs of stieh
unless the awflefs have applied fef and not been denied any fequifed land use pefmit fef! sueh pfepefties o
,:tom er plied for an ex4e Osie of the . eftization pofied a pr-evided he fe ftof
3. The ewner- ef any sueh nen . nfe4:ming:pfepeAy or- dwelling unit fflay file an applieatieft with
the eeffimunity development department faf an eAensieft of the afneAizatien period. The appliealien shall
pefied, unless the eemmunity develepment dife4er- detefmines that geed eause exists fef the late filing e
the applieatieft,
4. Within f��, five (45) days fellewingfeeeipt ef a eempleted applieation fef an extension of the
afneffization > ll ld ,
aftef giving nefiee to all pfopefty ew-ner-s within three hundfed (300) feet of the prepefty. The eemmuni
detefi�nifie whether- the neneenfeffning propefty of dwelling unit has been pfevided with a fease
establish that the ex4ensien should be gfanted. Ne tnefe than a single ex4eflsien rflay be granted.
a) The , ^«'s investment : any dwelling unit e pfepe ft„ ; ons made I&
keeping;aeeemmedate the neneenf4ming animal
b) The ,tet aetu.,l and depfeeiated_. slue e f-the dwelling unit . ^,.t y : .its
o � crrrvrnrr� uur� yr YivYva ry iuiYrv`v'eiueuw
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-71
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uvvvuu ,J vaivvw vi ..av ..a...............r...b .,...,..., ...,.... _, "'—`J _•.. _... ..—"----- --
• • n ___ _ n,v.—z"Ati offift
pefied
is
eA
\ Any eamY th t ;dam o elo Htte the deto nt; of n n.,.t'
„hl znt;n.H
/
pefied eemmensufate with the investment involved.
6. A eepy of the eamnitti4y development difeeter-'s deeisien shall be sent by regular- fnail to the
i3pplieant.
with thepr-evisionof Chapter -14.28 of the Munieip ual `Out
rxuau
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 sectiona-nd
where the affieftizalienpefied a of (a)\ aav {/Hro�,� „ 7 V e h. ed d it d b y this title
/
been gf nted.
35. Add Section 14.17.120 to establish regulations for outdoor storage:
14.17.120 Outdoor storaze.
Outdoor storage may be permitted where the incidental storage of equipment and materials would be
appropriate and related to a primary use or ongoing business operation. Such activities would typically be
associated with industrial and light industrial storage yards or utility 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
underlying district.
uses
landscaping as appropriate and necessary for the underlyingzoning oning district, to provide a butter 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.
36. 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:
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PRASE II) A-72
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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 community development director,
are compatible with the district and surrounding land uses.
Temporary uses may be subject to additional permits, other city department approvals, licenses and
inspections as required by applicable laws or regulations. 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 1.0.44).
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 plafifling 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:
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-73
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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
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 planning community development department planning division.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment
shall be reviewed by the planni 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 plamii Pig-
department,
igdepartment planning division.
6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to
the satisfaction of the pl-anni community 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.
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 tip 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 temporarypermit 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.
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