HomeMy WebLinkAboutOrdinance 1996 (Amendments to the San Rafael Municipal Code Regarding Parks and Recreation, Parades, Assemblies, Expressive Activity and Other Activity on Public Property)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1996
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING TITLE 14
(ZONING ORDINANCE) AND AMENDING THE ZONING MAP OF THE SAN RAFAEL
MUNICIPAL CODE TO:
A) REPEAL THE EXISTING DOWNTOWN ZONING DISTRICTS, AND REPLACE
WITH DOWNTOWN MIXED-USE (DMU) DISTRICT;
B) AMEND, DELETE AND REPLACE CERTAIN ZONING PROVISIONS APPLICABLE
TO DOWNTOWN SAN RAFAEL; AND
C) AMEND, DELETE AND REPLACE OTHER ZONING REGULATIONS TO COMPLY
WITH STATE LAW AND INCORPORATE OTHER MINOR CHANGES,
CORRECTIONS AND UPDATES
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 2nd day of August 2021;
a SUMMARY of Ordinance No. 1996 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 16th day of August 2021, by the following vote, to wit:
AYES: COUNCILMEMBERS: Hill, Kertz, Llorens Gulati, & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
WITNESS my hand and the official
Seal of the City of San Rafael this
18th day of August 2021
_______________
LINDSAY LARA
City Clerk
ORDINANCE NO. 1996
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING TITLE 14
(ZONING ORDINANCE) AND AMENDING THE ZONING MAP OF THE SAN RAFAEL
MUNICIPAL CODE TO:
A) REPEAL THE EXISTING DOWNTOWN ZONING DISTRICTS, AND REPLACE WITH
DOWNTOWN MIXED-USE (DMU) DISTRICT;
B) AMEND, DELETE AND REPLACE CERTAIN ZONING PROVISIONS APPLICABLE TO
DOWNTOWN SAN RAFAEL; AND
C)AMEND, DELETE AND REPLACE OTHER ZONING REGULATIONS TO COMPLY
WITH STATE LAW AND INCORPORATE OTHER MINOR CHANGES, CORRECTIONS
AND UPDATES
(CASE NOS. ZO21-003 AND ZC21-002)
WHEREAS, in 2004, the City adopted the San Rafael General Plan 2020 with a horizon year of
2020. In 2018, the City initiated a General Plan Update (General Plan 2040) to move the Plan’s horizon
forward 20 years to 2040; and
WHEREAS, in late 2018, the City received a One Bay Area Grant to fund the preparation of a
focused Plan for Downtown San Rafael, the Downtown San Rafael Precise Plan (Downtown Precise Plan),
under the umbrella of the San Rafael General Plan 2040. The Downtown Precise Plan was budgeted and
scoped to include a “form-based code” to establish new zoning regulations for the Downtown Precise Plan
area that would replace the existing property zoning and many of the existing zoning code regulations
(SRMC Title 14, Zoning) that are applicable to the Downtown area; and
WHEREAS, in Fall 2020, the City completed and released the Draft General Plan 2040 and the
Downtown Precise Plan for public review. The Downtown Precise Plan includes Chapter 9 – Downtown
Form-Based Code (form-based code); and
WHEREAS, City staff has drafted amendments to San Rafael Municipal Code (SRMC) Title 14-
Zoning (Zoning Ordinance) and Zoning Map to acknowledge and support the Downtown Precise Plan form-
based code through: a) recommending a repeal of the existing Downtown zoning districts (4SRC, CSMU,
HO, 2/3 MUE, 2/3 MUW, WEV, and 5/M R/O) and replacing these districts with a newly established
Downtown Mixed-Use (DMU) District; b) amending, deleting and replacing certain zoning provisions
applicable to Downtown San Rafael; and c) introducing new provisions to address and reference the
Downtown Precise Plan form-based code that would be adopted by separate ordinance. These proposed
amendments are presented in attached Exhibits A and B; and
WHEREAS, the proposed amendments to SRMC Title 14 – Zoning and Zoning Map set forth in
Exhibits A and B, together with the Downtown Precise Plan form-based code, establish the State-require
zoning legislation for Downtown San Rafael within the boundaries of the proposed DMU District; and
WHEREAS, in addition to the proposed amendments applicable to Downtown San Rafael, City
staff has drafted miscellaneous amendments to the SRMC Title 14 - Zoning to propose minor changes in
use and permit provisions specific to, among others, permitting provisions for cannabis manufacturing use
and large family day care homes that were initiated by changes in state laws. These proposed amendments
are presented in attached Exhibit C. These miscellaneous amendments coupled with the draft amendments
addressing the Downtown Precise Plan are collectively presented under one ordinance action proposed
herein; and
WHEREAS, per the provisions of the California Environmental Quality Act (CEQA), the
proposed amendments to SRMC Title 14 – Zoning presented in attached Exhibits A and B are subject to
environmental review. The San Rafael General Plan 2040 and Downtown Precise Plan Final Environmental
Impact Report (FEIR) has been completed, which assesses the environmental impacts of the Downtown
Precise Plan including the proposed amendments to SRMC Title 14 – Zoning (collectively, the “project”).
The FEIR has been certified by separate resolution of the City Council; and
WHEREAS, in considering action to adopt the General Plan 2040, the Downtown Precise Plan
and proposed amendments to SRMC Title 14 – Zoning presented in Exhibits A and B, the City has reviewed
the certified FEIR and all applicable mitigation measures therein. The certified FEIR has concluded that
the project will result in significant and unavoidable impacts associated with Air Quality, Cultural
Resources, Greenhouse Gas Emissions, and Transportation. The City has weighed the proposed project
benefits against the significant, unavoidable adverse environmental effects. By separate resolution and
consistent with the CEQA Guidelines Section 15063, the City has approved the CEQA Statement of
Findings of Fact and Statement of Overriding Considerations supporting and substantiating adoption of the
General Plan 2040, the Downtown Precise Plan, and the related amendments to SRMC Title 14 – Zoning
presented in Exhibits A and B. This separate resolution also recommends the approval of a Mitigation
Monitoring and Reporting Program (MMRP) to ensure that the required FEIR mitigation measures are
incorporated into the project action; and
WHEREAS, the accompanying miscellaneous amendments to certain permit provisions in SRMC
Title 14 – Zoning presented in attached Exhibit C have been assessed for compliance with CEQA. As
drafted, the amendments do not propose any changes to City policies or regulations that would result in a
direct or indirect physical, environmental impact; therefore it has been determined that this ordinance
amendment is covered by the general rule that the California Environmental Quality Act (CEQA) applies
only to projects which have the potential for causing a significant effect on the environment pursuant to
CEQA Guidelines Section 15061(b)(3), and is not subject to environmental review; and
WHEREAS, on June 29, 2021, the Planning Commission held a duly noticed public hearing on
the proposed amendments to the SRMC Title 14 and the Zoning Map, Exhibits A through C, accepting all
public testimony and the written report of the Community Development Department. On a 4-0 vote, the
Planning Commission adopted Resolution No. 2021-06 recommending City Council approval of this Draft
Ordinance; and
WHEREAS, on August 2, 2021, by action of separate resolution, the City Council adopted the San
Rafael General Plan 2040 and the Downtown Precise Plan; and
WHEREAS, on August 2, 2021, the City Council held a duly noticed public hearing through a
public notice published the Marin Independent Journal. The Council considered the proposed amendments
to San Rafael Municipal Code (SRMC) Title 11- (Public Works), Title 14- Zoning (Zoning Ordinance) and
Zoning Maps as outlined in Exhibits A through C, accepting all public testimony and the written report of
the Community Development Department; and
WHEREAS, the City Council makes the following findings, pursuant to SRMC Section 14.27.060
for adoption of the amendments to San Rafael Municipal Code (SRMC) Title 11- (Public Works), Title 14-
Zoning (Zoning Ordinance) and Zoning Maps as outlined in attached Exhibits A to C:
1.The amendments to San Rafael Municipal Code Title 14 – Zoning Ordinance and Zoning Map, together
with the Downtown Precise Plan Chapter 9 – Downtown Form-Based Code adopted by separate
ordinance, are consistent with the policies and programs of the adopted San Rafael General Plan 2040
and Downtown Precise Plan in that:
a.The amendments create zoning consistency with the General Plan 2040. First, the amendments
would establish the Downtown Mixed-Use (DMU) District, which would be consistent with the
Downtown Mixed-Use land use category in the Land Use Element. The establishment of the DMU
District is critical and necessary as it is the foundation for the Downtown Precise Plan form-based
code, which will serve as the zoning code for Downtown. Second, as drafted, the Downtown Precise
Plan form-based code is consistent with the Downtown Mixed-Use land use category, which: 1)
calls for allowing a mix of land uses at higher development intensities within the City; and 2)
departs from the traditional residential density limits through use of building height limits and
prescribed building form standards, and transitions development allowances along the edges of
Downtown. Lastly, the amendments would implement Land Use Element Program LU-2.1A,
which recommends amending the zoning ordinance and zoning map to incorporate the policies and
programs of the General Plan 2040, thus resulting in consistency between the General Plan and
zoning.
b.The proposed amendments would be consistent with the Land Use Element, specifically Goal LU-
1, Policy LU-1.10, Policy LU-1.17, Policy LU-1.18, Policy LU-2.2, and Program LU-2.2B in that
they: 1) support and respond to the Downtown Precise Plan which set forth well-managed changes
and growth for Downtown; 2) defer to the Downtown Precise Plan for development intensity limit;
3)acknowledge and codify the building height and height bonus regulations and provisions
presented in the Downtown Precise Plan; and 4) support and codify planned mixed-use
development in Downtown. Further, the proposed amendments would be consistent with Policy
LU-3.1 (Area Plans), which reinforces the preparation and adoption of community-based Area
Plans (e.g., the Downtown Precise Plan) to direct planning and future growth for a specific area.
c.The proposed amendments would be consistent with the Neighborhood Element, specifically
Policy NH-1.1, Program NH-1.1A, Policy NH-1.3, Policy NH-1.7, Program NH-1.7A, Policy NH-
1.8 and Program NH-1.8A in that they would: 1) implement the Downtown Precise Plan and
incorporate the Downtown Precise Plan form-based code to guide development and investment; 2)
establish the zoning tool to support and guide the development of mixed-use and needed housing
in Downtown; 3) ensure that new construction and development is sensitive to Downtown’s
context; and 4) provide measures to ensure the protection, preservation and enhancement of
Downtown’s historic resources.
d.Together with the Downtown Precise Plan Chapter 9 - Form-Based Code the proposed amendments
would be consistent with the Community Design policies and programs of the Community Design
and Preservation Element, specifically Program CDP-1.5C, Program CDP-2.1A, CDP-2.2A, Policy
CDP-3.1, Program CDP-4.1C, Program CDP-4.2A, and Program CDP-4.8A in that they would: a)
create a Downtown height profile; b) codify design standards for the “place types” identified in the
Downtown Precise Plan; c) adopt a zoning tool that implements the design recommendations of the
Downtown Precise Plan; d) encourage the design and development of plazas and active public
spaces; e) provide design guidelines and standards through the adoption of a form-based code; and
f)introduce building step-backs as a tool for implementing scale transitions in new development.
e.Together with the Downtown Precise Plan, the proposed amendments would be consistent with the
Historic Resources policies and programs of the Community Design and Preservation Element,
specifically, Policy CDP-5.2, Policy CDP-5.4, in that they would: a) include the adoption of an
updated historic resources inventory for Downtown; and b) incorporate incentives for encouraging
preservation and stewardship of the Downtown historic resources.
f.The proposed amendments would create consistency between the SRMC Title 14 zoning provisions
and regulations with the Downtown Precise Plan form-based code, which is adopted by separate
ordinance and incorporated herein by reference.
g. The proposed amendments would establish a new DMU District to blanket the Downtown Precise
Plan area. The DMU District will provide a base zoning and foundation for the Downtown Precise
Plan area and form-based code and the other accompanying amendments.
h.The amendments are necessary to codify the Downtown Precise Plan and form-based code as the
zoning code for Downtown San Rafael.
i.The proposed miscellaneous amendments to SRMC Title 14 – Zoning would update the code to
address current trends and laws through: 1) modifying the cannabis manufacturing use regulations
and provisions to align with the current State laws; 2) eliminating the City’s large family day care
home permitting and provisions which are no longer applicable to enforce; and 3) establishing
consistent sunset dates for all permits and entitlements regulated under Title 14 – Zoning.
2.The public health, safety and general welfare are served by the adoption of the proposed amendments
to SRMC Title 14 – Zoning Ordinance in that they would acknowledge and adopt by reference the
Downtown Precise Plan form-based code, which is adopted by separate ordinance. Collectively, the
proposed amendments together with the Downtown Precise Plan Chapter 9- Downtown Form-Based
Code would present well-managed changes and growth for Downtown that would:
a.Establish standards and regulations on building height and bulk to promote a more urban scale for
growth of commerce and housing, while protecting the character and scale of the contiguous
neighborhoods and surrounding community.
b.Establish standards and regulations that would protect San Rafael’s historic resources.
c. Establish standards and regulations to promote safe and efficient multi-modal travel.
d.Establish standards and regulations that would promote orderly growth and facilitate the
development of needed housing in Downtown San Rafael.
e. Establish consistency with the General Plan 2040 and the policies of the Downtown Precise Plan.
f.Revise and update miscellaneous permit provisions in the Zoning Ordinance to address changes in
the state law and to provide internal consistency in permit expiration dates.
NOW, THEREFRORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION 1. Findings
The City Council of the City of San Rafael hereby determines and finds that all of the facts and
statements contained in the recitals herein and the findings of Planning Commission Resolution No. 2021-
06, adopted June 29, 2021 recommending to the City Council adoption of this Ordinance, are true and
correct.
DIVISION 2. Approval
The City Council of the City of San Rafael hereby approves and adopts the amendments to SRMC
Title 14- Zoning (Zoning Ordinance) and Zoning Maps as presented in Exhibits A through C, attached
hereto and incorporated herein by reference.
DIVISION 3. Publication
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting
at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the
summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper
of general circulation published and circulated in the City of San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers
voting for or against the Ordinance.
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1996 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, August 2, 2021 and was ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSTAIN: Councilmembers: None
ABSENT: Councilmembers: None
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 16th day of August 2021.
LINDSAY LARA, City Clerk
Exhibits:
A.Amendments to San Rafael Municipal Code Title 14 Zoning Ordinance
B Amendments to San Rafael Municipal Code Title 14 Zoning Map
C Amendments to San Rafael Municipal Code Title 14 Zoning Ordinance (Cannabis Manufacturing
Use, Large Family Day Care Homes, and Miscellaneous Amendments)
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
1
The following are amendments to the SRMC Title 14 (Zoning) to address and incorporate
by reference the Downtown San Rafael Precise Plan and Form-Based Code, adopted by
separate ordinance:
Section 1. Amendments to Chapter 14.01 – TITLE, COMPONENTS AND PURPOSES
Section 1.1. Amend Section 14.01.020 – Components to amend subsection A to
add new A.3 and to amend subsection B, to read as follows:
A.The zoning ordinance shall consist of the following components:
1.A map, or set of maps, known as the zoning map, delineating the boundaries of
zoning districts within the City of San Rafael.
2.Regulations, known as zoning regulations, governing the use of land, and
placement of buildings and improvements within the various classes of districts. Such
regulations shall include, but not be limited to, property development standards for each
district, parking standards, performance standards, and procedural rules for administering the
ordinance.
3. The Downtown San Rafael Precise Plan, Form-Based Code and Downtown
zoning map adopted by separate ordinance and incorporated herein by reference. The
Downtown San Rafael Precise Plan and Form-Based Code include certain zoning regulations,
governing the land use and placement of building and improvements for those properties
within the boundaries of the downtown area, defined by the Downtown Mixed Use district.
Where the Downtown San Rafael Form-Based Code is silent on regulations and provisions,
the regulations and provisions presented in this title 14 shall apply.
B.A copy of the zoning regulations and the zoning map, Downtown San Rafael
Precise Plan Form-Based code and Downtown zoning map, together with a record of all
amendments, shall be kept on file with the city clerk and shall constitute the original record. A
copy of the zoning regulations and zoning map currently in effect shall also be kept on file in
the Community Development Department and Office of the City Clerk.
Section 1.2. Amend the Zoning Map to replace the Downtown zoning districts
(4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, and 5/M-R/O) with the Downtown Mixed Use
(DMU) District, which covers the boundaries of the Downtown San Rafael Precise Plan
area.
See Zoning Map change in Exhibit B, incorporated herein by reference.
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
2
Section 2. Amendments to Chapter 14.02 – ORGANIZATION, APPLICABILITY AND
INTERPRETATION
Section 2.1. Amend Section 14.02.030 – Applicability of land use and development
regulations to read as follows:
Base
District
Designator
Base District Name Chapter
R2a Single-family Residential District
Minimum lot size: 2 acres
14.04
R1a Single-family Residential District
Minimum lot size: 1 acre
14.04
R20 Single-family Residential District
Minimum lot size: 20,000 sq. ft.
14.04
R10 Single-family Residential District
Minimum lot size: 10,000 sq. ft.
14.04
R7.5 Single-family Residential District
Minimum lot size: 7,500 sq. ft.
14.04
R5 Single-family Residential District
Minimum lot size: 5,000 sq. ft.
14.04
DR Duplex Residential District
2,500 sq. ft. per dwelling unit
14.04
MR5 Multifamily Residential District
(Medium Density)
5,000 sq. ft. per dwelling unit
14.04
MR3 Multifamily Residential District
(Medium Density)
3,000 sq. ft. per dwelling unit
14.04
MR2.5 Multifamily Residential District
(Medium Density)
2,500 sq. ft. per dwelling unit
14.04
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
3
Base
District
Designator
Base District Name Chapter
MR2 Multifamily Residential District
(Medium Density)
2,000 sq. ft. per dwelling unit
14.04
HR1.8 Multifamily Residential District
(High Density)
1,800 sq. ft. per dwelling unit
14.04
HR1.5 Multifamily Residential District
(High Density)
1,500 sq. ft. per dwelling unit
14.04
HR1 Multifamily Residential District
(High Density)
1,000 sq. ft. per dwelling unit
14.04
GC General Commercial District 14.04
NC Neighborhood Commercial District
1,800 sq. ft. per dwelling unit
14.04
O Office District 14.05
C/O Commercial/Office District
1,000 sq. ft. per dwelling unit
14.05
R/O Residential/Office District
1,000 sq. ft. per dwelling unit
14.05
FBWC Francisco Boulevard West
Commercial District
14.05
DMU Downtown Mixed Use District. See Downtown San Rafael Precise
Plan Form-Based Code and Downtown Zoning map adopted by
separate ordinance.
14.05
I Industrial District 14.06
LI/O Light Industrial/Office District 14.06
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
4
Base
District
Designator
Base District Name Chapter
CCI/O Core Canal Industrial/Office District 14.06
LMU Lindaro Mixed Use District 14.06
PD Planned Development District 14.07
M Marine District 14.08
P/QP Public/Quasi-Public District 14.09
P/OS Parks/Open Space District 14.10
W Water District 14.11
Section 3. Amendments to Chapter 14.03 - DEFINITIONS
Section 3.1. Amend Section 14.03.030 – Definitions as shown below:
AMEND the definition of Downtown and the associated map to read as follows:
"Downtown" encompasses those properties and parcels within the boundaries of the
Downtown Mixed Use (DMU) district. The Downtown Mixed Use district encompasses the
geographic area presented on the following map:
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
5
AMEND the definition of Downtown parking and DELETE the associated map as follows:
"Downtown parking district" means the area which encompasses the boundary generally
between Hetherton and E Streets, and Second Street and Fifth Avenue, as shown on map
contain in the Downtown San Rafael Precise Plan adopted by separate ordinance.
DELETE definition of “Downtown’s West End and environs” and DELETE associated
Diagram B
DELETE definition of “Downtown Zoning District” and DELETE associated map
ADD the following new definition:
"Height, downtown mixed use district" means the height of all structures, fences and walls
located within the Downtown Mixed Use district measured in accordance with the
methodology presented in the Downtown San Rafael Precise Plan Form-Based Code, which
is adopted by separate ordinance.
Section 4. Amendments to Chapter 14.04 – RESIDENTIAL DISTRICTS (R, DR, MR, HR)
Section 4.1. Amend Section 14.04.040 – Property development standards (DR,
MR, HR), Table 14.04.040 to amend footnote J to read as follows:
(J)The height limit in the Latham Street neighborhood is specified in the Downtown
San Rafael Precise Plan Form-Based Code adopted by separate ordinance.
Section 5. Amendments to Chapter 14.05 – COMMERCIAL AND OFFICE DISTRICTS
Section 5.1. Amend Section 14.05.010 Specific purposes – Commercial and Office
Districts by deleting subsections P, Q, R, S, T and U and amend subsection L to read as
follows:
L.Downtown Mixed Use (DMU) District. The Downtown Mixed Use district
encompasses the 265-acre downtown area, which is the commerce and employment center of
the city. Allowable uses, design intent, and development standards and regulations are
defined and specified in the Downtown San Rafael Precise Plan and form-base code which is
adopted by separate ordinance and incorporated herein by reference.
Section 5.2. Repeal Section 14.05.022 – Land Use Regulations (4SRC, CSM, HO,
2/3 MUE, 2/3 MUW, WEV, 5/M, R/O) and Table 14.05.022 and replace existing district
regulations with new Section 14.05.022 regarding Downtown Mixed Use (DMU) District
land use to read as follows:
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
6
14.05.022 - Land use regulations (DMU).
All land use regulations applicable to the DMU District are contained within the Downtown San
Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and
incorporated herein by reference.
Section 5.3. Repeal Section 14.05.032 – Property development standards (4SRC,
CSM, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M, R/O) and replace existing district standards
with new Section 14.05.032 regarding Downtown Mixed Use (DMU) District development
standards as follows:
14.05.032 – Property development standards (DMU).
All property development standards applicable to the DMU District are contained within the
Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance
and incorporated herein by reference.
Section 6. Amendments to Chapter 14.16 – SITE AND USE REGULATIONS
Section 6.1. Amend Section 14.16.040 – Buildings over three stories to read:
14.16.040 - Buildings over three stories.
Existing buildings with more than three (3) stories in height located outside the Downtown
Mixed Use (DMU) district, which were constructed or approved as of January 1, 1987 shall be
considered conforming. These buildings include, but are not limited to, the following:
Table 14.16.040
BUILDINGS OVER THREE (3) STORIES
Address Building
4000 Civic Center Dr. Marin Executive Center
4040 Civic Center Dr. Northgate East
100—500 Deer Valley Smith Ranch Hills Retirement Home
535—565 Jacoby Marin Resource Recovery Center
100 McInnis Parkway Embassy Suites Hotel
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
7
Address Building
99 Monticello Road Kaiser Medical Center
899 Northgate Quail Hill Office Building
1000 Northgate Macy's
1010 Northgate Four Points Sheraton Hotel
1050 Northgate Holiday Office Building
9000 Northgate Sears
1 Thorndale Villa Marin Retirement Residences
Section 6.2. Amend Section 14.16.140 – Fences and walls to read:
4.16.140 - 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. The provisions of this section do not apply to properties within
the Downtown Mixed Use district. For fence and wall regulations within the Downtown Mixed
Use district, refer to the Downtown San Rafael Precise Plan Form-Based Code, which is
adopted by separate ordinance and incorporated herein by reference.
Section 6.3. Amend Section 14.16.150 – Floor area ratios and densities applicable
to non-residential and mixed-use development to amend subsection A.2 to read as
follows:
2.FAR limits in non-residential zoning districts are provided in the General Plan
Land Use Element, except that for the Downtown Mixed Use (DMU) district, intensity and
development limitations are governed by the Downtown San Rafael Precise Plan Form-Based
Code, which is adopted by separate ordinance and incorporated herein by reference. The
maximum allowable FAR is not guaranteed and shall be determined by the following factors:
site constraints, infrastructure capacity, hazardous conditions and design policies.
Section 6.4. Amend Section 14.16.150 subsection G – Floor area ratio limit
standards and delete maps as follows:
G.Floor Area Ratio Limit Standards.
EXHIBIT A
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE
TO INCORPORATE & REFERENCE THE
DOWNTOWN SAN RAFAEL PRECISE PLAN & FORM-BASED CODE
July 2021
8
1. For properties within the Downtown Mixed Use (DMU) district, refer to the
Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate
ordinance and incorporated herein by reference.
a.FARs may be transferred from one portion to another of a parcel split by
FAR designations if the transfer results in a scale compatible with
surrounding development, as permitted in Section 14.16.340, Transfer of
density on-site.
b.A one-time increase in FAR up to ten percent (10%) of the building or seven
hundred fifty (750) square feet, whichever is larger, shall be allowed for
expansion of commercial and office structures if consistent with the
provisions of this title, consistent with the provisions of Chapter 14.22, Use
Permits. A traffic study may be required for a FAR increase for buildings on
Fifth or Mission Avenues.
2.A higher FAR may be permitted at the intersection of Andersen Drive, Highway
101 and Francisco Blvd. West, if the proposed development would substantially upgrade the
area and include bulk and region-serving specialty retail and/or hotel uses, subject to a use
permit (Chapter 14.22).
3.Mini-storage projects may be permitted up to 1.0 FAR by use permit if the
planning commission finds:
a.The facility is needed in the community;
b.The design of the project is compatible with surrounding uses;
c.The project is designed so that it cannot be converted to other, more
intensive uses; and
d.The location is appropriate for this type of use.
Section 6.5. Amend Section 14.16.190 – Height bonus to read as follows:
14.16.190 - Height bonus.
A.Downtown Mixed Use District Height Bonuses. In the Downtown Mixed Use district
an applicant may request a height bonus as set forth below, instead of a request for a density
bonus allowed by Section 14.16.030 and by City Council resolution establishing density bonus
regulations (resolution 14891). A height bonus requested under this section shall be granted by
the planning commission through an environmental and design review in the following downtown
zoning districts. No more than one height bonus may be granted for a project and these height
bonuses shall not be in addition to waivers/concessions allowed by the city’s density bonus
regulations and policies. A height bonus specified by the Downtown San Rafael Precise Plan
Form-Based Code shall be allowed for any of the following:
1. Affordable housing projects where all units are located on-site. The allowable
height bonus shall be as follows:
a.Housing projects that restrict 10% of units to low income households are
allowed a 10-foot height bonus for all areas in the Downtown Precise Plan;
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b.Housing projects that restrict more than 10% of units to low income households
are allowed a 20-foot height bonus in those areas identified as "Tier 2" areas
in Figure 4.8 of the Downtown Precise Plan.
2.Public courtyards, plazas and/or passageways that exceed the minimum
requirements in the Downtown Form-Based Code, with the recommendation of the design review
board that the public improvements are consistent with Downtown San Rafael Precise Plan Form-
Based Code
3.Public parking, providing it is not facing Fourth Street and it is consistent with the
Downtown San Rafael Precise Plan Form-Based Code.
4.Mid-block passageways between Fourth Street and parking lots on Third Street,
with the recommendation of the design review board that the design is attractive and safe.
5.Public passageways in the West End area, with the recommendation of the design
review board that the public passageway serves an important public purpose and is attractive and
safe
B.Lincoln Avenue Height Bonus. A twelve-foot (12′) height bonus may be granted for
affordable housing on Lincoln Avenue outside of the Downtown Mixed Use zoning district,
between Mission Avenue and Hammondale Ct., on lots greater than one hundred fifty (150′) in
width and twenty thousand (20,000) square feet in size, consistent with Section 14.16.030
(Affordable housing).
C.Marin Square Height Bonus. A twenty-four-foot (24′) height bonus may be granted
for affordable housing at the Marin Square and Gary Place properties, consistent with Section
14.16.030 (Affordable housing).
D.North San Rafael Town Center Height Bonus. A twenty-four-foot (24′) height bonus
may be granted for affordable housing in the North San Rafael Town Center, consistent with
Section 14.16.030 (Affordable housing).
E.Hotel Height Bonus. A height bonus of twelve feet (12′) may be granted for a hotel
provided the planning commission finds that the hotel will be a significant community benefit and
the design is consistent with design review board recommendations.
F.Residential Development Height Bonus. A residential development project with
100% of the total units available to lower income households, and located within one-half mile of
a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources
Code, shall be eligible for a height increase of up to 33 feet. This bonus shall not be combined
with any other height bonus listed above.
Section 6.6. Amend Section 14.16.243 – Mechanical equipment screening to
read as follows:
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
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requirements and Chapter 14.25 for design review requirements. For mechanical equipment
screening requirements and standards applicable to properties within the Downtown Mixed
Use (DMU) district, refer to the Downtown San Rafael Precise Plan Form-Based Code, which
is adopted by separate ordinance and incorporated herein by reference.
Section 6.7. Amend Section 14.16.260 – Noise standards, subsection C,
Development Adjacent to Commercial, Mixed-Use and Industrial Districts to read as
follows:
C. Development Adjacent to Commercial, Downtown Mixed Use, Mixed Use and
Industrial Districts. New nonresidential development shall not increase noise levels in a
commercial area by more than five (5) dBA (Ldn), or create noise impacts which would
increase noise levels to more than sixty-five (65) dBA (Ldn) for office, retail or mixed use
districts, or seventy (70) dBA (Ldn) for industrial districts, at the property line of the noise
receiving use, whichever is the more restrictive standard. This standard may be waived by the
planning director if, as determined by a noise analysis, there are mitigating circumstances
(such as higher existing noise levels), and no uses would be adversely affected.
Section 6.8. Amend Section 14.16.295 – Sight distance to read as follows:
14.16.295 - Sight distance.
A. 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, fencing
and improvements or vegetation located within the established vision triangle (as determined
below) shall not exceed a height of three feet (3') as measured above the adjacent street
pavement. The vision triangle shall be kept free of any visual obstruction between a height of
three feet (3') to eight feet (8') above the street grade elevation.
The typical vision triangle area shall be determined as follows:
Illustration 14.16.295
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B.For locations that have obstructions due to unique site constraints or
topography, the vision triangle shall be determined by the director of public
works.
C.The provisions of this section are not applicable to properties within the
Downtown Mixed Use (DMU) district. For sight distance provisions and standards in the
Downtown Mixed Use district, see the Downtown San Rafael Precise Plan Form-Based Code
which is adopted by separate ordinance and incorporated herein by reference.
Section 7. Amendments to Chapter 14.17 – PERFORMANCE STANDARDS
Section 7.1. Repeal Section 14.17.050 – Offices and financial institutions in the
Fourth Street Retail Core and the West End Village.
Section 7.2. Amend Section 14.17.100 – Residential uses in commercial districts
to read as follows:
14.17.100 – Residential uses in commercial districts.
A.Purpose. The purpose of this section is to ensure that residential uses in
commercial districts are not adversely impacted by adjacent uses. Residential uses are
encouraged in commercial zoning districts, including the Downtown Mixed Use (DMU) district,
and in mixed-use development to meet local housing needs and because of the environment
they create. However, potential traffic noise and safety impacts related to commercial uses
may impact nearby residential uses. The proximity of residential and commercial uses require
that special regulations be imposed in the interest of businesses and the residents of the
housing units.
B.Applicability. Performance standards for residential uses in commercial districts
shall be applied through an administrative use permit in the GC, FBWC, C/O, M and NC
districts.
C.Standards.
1.Location. Location of residential units in the GC, FBWC, HO, C/O, M and NC
districts shall be determined through project review.
2.Access. Residential units shall have a separate and secured entrance and exit.
3.Parking. Residential parking shall comply with Chapter 14.18, Parking
Standards, of this title.
4.Noise. Residential units shall meet the residential noise standards in Section
14.16.260, Noise standards, of this title.
5.Lighting. All exterior lighting shall be sufficient to establish a sense of well-being
to the pedestrian and one that is sufficient to facilitate recognition of persons at a reasonable
distance. Type and placement of lighting shall be to the satisfaction of the police department.
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The minimum of one foot-candle at ground level shall be provided in all exterior doorways and
vehicle parking areas.
6.Refuse Storage and Location. An adequate refuse storage area shall be
provided for the residential use.
7.Location of new residential units shall consider existing surrounding uses in
order to minimize impacts from existing uses.
8.Boarding House. A boarding house shall comply with the following
requirements:
a.Provision of a management plan to ensure twenty-four (24) hour on-site
management, security and any necessary social services;
b.Provision of usable outdoor area consistent with the requirements of the
district in which it is located.
9.Live/Work Quarters. The purpose of live/work quarters is to allow residential
use in a commercial district with the intent of permitting people to live in a work environment.
Live/work quarters are subject to the following requirements:
a.Residents of live/work quarters are required to acknowledge, as part of their
lease agreement, the commercial nature of the surrounding area.
b.The FAR standards for the district shall establish the permitted intensity.
c.The parking requirement shall be based on the number of spaces required
for the nonresidential square footage, or as determined by parking study.
d.All living areas must be suitable for residential purposes, as determined by
the building inspector.
e.At least one of the residents of a live/work quarters shall be required to
have a city business license.
f.The site is free of hazardous materials, as determined by the fire
department.
Section 8. Amendments to Chapter 14.18 – PARKING STANDARDS
Section 8.1. Amend Section 14.18.010 – Specific purposes, deleting subsection I
and amending subsection H to read as follows:
H.Acknowledge the unique conditions in the Downtown Mixed Use district, where
there are a variety of land uses and parking facilities, including a Downtown parking district.
Section 8.2. Amend Section 14.18.020 – Applicability to add new subsection D to
read as follows:
D.The provisions of this chapter are applicable to properties with the Downtown
Mixed Use district except for provisions specific to: 1) parking requirements; 2) the Downtown
parking district; and 3) parking lot screening and landscape standards. For these parking
provisions, refer to the Downtown San Rafael Precise Plan Form-Based Code, which adopted
by separate ordinance and incorporated herein by reference.
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Section 8.3. Amend Section 14.18.040 – Parking requirements to read as follows:
Section 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 community development 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 community development director may require the
submission of survey data from the applicant or collected by the community 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 may also include reduction in parking ratios
for businesses in the Downtown zoning districts that allow the use of private parking facilities
to be used for public parking during evening or weekend hours. Parking modifications shall
require an application for a use permit and shall be subject to review by the community
development director and public works director, and approval by the zoning administrator.
C.For properties located within the Downtown Mixed Use district and Downtown
parking district, refer to the Downtown San Rafael Precise Plan Form-Based Code for off-
street parking standards, which is adopted by separate ordinance and incorporated herein by
reference
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.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)(1)(b).
F.Operation. As specified in the Downtown San Rafael Precise Plan Form-Based
Code adopted by separate ordinance, parking in the Downtown Mixed Use district may be
operated to serve the uses for which the parking was approved, or may be shared with other
uses in the Downtown Mixed Use zoning district, and/or be made available to the public,
subject to a use permit for parking modifications.
Table 14.18.040
Use Classification Off-Street Parking Required
Residential
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Use Classification Off-Street Parking Required
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.
Studios (multifamily unit) 1 covered space per unit.
Studio (duplex unit),
500 sq. ft. or less in size
1 space per unit
Studio (duplex unit),
Greater than 500 sq. ft.
1.5 spaces per unit (including 1 covered space).
1 bedroom unit 1.5 spaces per unit (including 1 covered space).
Two-bedroom units 2 spaces (1 covered)
Three or more bedroom
units
2 spaces per unit (including 1 covered space).
Guest parking,
multifamily
1 space per 5 units.
Mobilehome parks 2 covered spaces per unit.
Senior housing projects .75 space per unit, or as specified by use permit.
Use Classification Off-Street Parking Required
Emergency shelters for the
homeless, permanent:
Residential district 1 space for each employee on maximum staffed shift plus 1 space
per five beds:
1—5 beds 1 space plus staff parking.
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Use Classification Off-Street Parking Required
6—10 beds 2 spaces plus staff parking.
11—15 beds 3 spaces plus staff parking.
Commercial and light
industrial/office districts
1 space for each employee on maximum staffed shift plus 1 space
per 10 beds:
1—10 beds 1 space plus staff parking.
11—20 beds 2 spaces plus staff parking.
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 non-handicapped:
Small (0—6 clients) See single-family residential.
Large (6—10 clients) 1 space for each five clients plus 1 space for each staff person,
visiting doctor or employee on maximum staffed shift.
Rooming or boarding houses 1 space for each guest room or as determined by parking study.
Second dwelling units:
Studio or one-bedroom unit 1 space.
Two or more bedroom unit 2 spaces.
Visitor accommodations
Bed and breakfast inns 2 spaces plus 1 space per bedroom.
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Use Classification Off-Street Parking Required
Hotels or motels 1 space per sleeping room plus 1 space for manager plus 1 space
for every 2 employees.
Hotels, convention or hotels
with banquet, restaurant or
meeting facilities, etc.
Parking in addition to the hotel requirement is required, as
determined by a parking study. Parking requirement as specified in
use permit.
Day care
Family day care home (small) No requirement.
Family day care home (large) Minimum 2 spaces. The required parking for the dwelling unit shall
count as the required parking for family day care.
Day care center 1 space per five children. In addition, one of the following must be
provided as recommended by the 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.
General commercial uses
Retail sales (non-bulky items) 1 space per 250 gross building sq. ft.
Retail sales (bulky items, such
as machinery, furniture,
vehicles, etc.)
1 space per 400 gross building sq. ft.
Shopping centers 1 space per 250 gross building sq. ft.
Animal care facilities 1 space per 300 gross building sq. ft.
Food and beverage service
establishments, excluding fast
food restaurants
1 space for each 50 sq. ft. of floor area intended for public use.
Fast food restaurants 1 space per 100 sq. ft. for 50 percent of the gross building sq. ft.;
and one space per 65 sq. ft. for 50 percent of the gross building sq.
ft. or one space per 2.5 interior seats, whichever is greater.
Funeral and 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.
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Use Classification Off-Street Parking Required
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, batteries,
tires, mufflers
2 spaces per service bay.
With mini-market area 1 space per 250 sq. ft. of gross retail.
Rentals 1 space per 500 gross sq. ft. of floor area plus 1 space per 1,000 sq.
ft. of outdoor rental storage area.
Repairs, major and/or minor 1 space per 500 sq. ft. or 3 spaces per service bay (each service
bay may count as one of the parking spaces), whichever is greater.
Sales, new or used vehicles 1 space per 400 gross building sq. ft. excluding auto repair area;
plus, for repair portions of the building: 1 space per 500 gross
building sq. ft., or 3 spaces per service bay for automobile repair
(each service bay may count as one of the parking spaces),
whichever is greater, or 1 space per 2,000 sq. ft. open lot area,
whichever is greater.
Music rehearsal/recording
studios
1 space per 500 gross building sq. 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)
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Use Classification Off-Street Parking Required
Bowling alleys 4 spaces for each bowling lane plus additional spaces for other
uses.
Game arcades 1 space for each 5 coin-operated amusement devices.
Health clubs and gymnasiums 1 space per 250 sq. ft. of gross building sq. ft.
Poolhalls/billiards 2 spaces for each table or as determined through a parking study.
Theaters Parking study required. Parking subject to the approval of the
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.
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.
Industrial
Industrial uses 1 space per 500 gross building sq. ft.
Light industrial/office mixed-
use:
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Use Classification Off-Street Parking Required
Light industrial sq. ft. of
building
1 space per 500 gross building sq. ft.
Office sq. ft. of building 1 space per 250 gross building sq. ft.
Mini-storage Parking study required. Subject to approval by the community
development director or hearing review body for the development
Public utility facilities Parking study required. Subject to approval by the community
development director or hearing review body for the development.
Storage, warehousing and
distribution
1 space per 500 gross building sq. ft.
Wholesale and distribution 1 space per 500 sq. ft. gross building sq. ft.
Cannabis testing/lab, cannabis
infused products, cannabis
delivery and cannabis
distribution
1 space per 500 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
Libraries, museums and other
cultural facilities
Parking study required. Subject to approval by the community
development director or hearing review body for the development.
Public service and utility Parking study required. Subject to approval by the community
development director or hearing review body for the development.
Religious institutions 1 space per 4 seats.
Schools (Note: The following
are guidelines for public
schools)
Parochial, private
K—8 3 spaces per classroom or 1 space per 100 sq. ft. of auditorium
space, whichever is greater.
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Use Classification Off-Street Parking Required
9—12 1 space for each 4 students based on maximum school capacity, or
as specified by use permit.
Vocational, business trade
schools
1 space per 150 gross building sq. ft.
Performing arts or other 1 space per 250 gross building sq. ft.
Transportation facilities
Bus stations, park and ride
facilities, public transit stations
Parking study required. Subject to approval by the community
development director or hearing review body for the development.
Section 8.4. Amend Section 14.18.050 – Off-street loading and unloading, sub-
section F to read as follows:
F.In the Downtown Mixed Use district, on lots less than ten thousand (10,000)
square feet, and where a parking lot is provided, the loading area may be incorporated into an
aisle or backup area; provided, that there is adequate backup space for required parking
spaces as determined by the traffic engineer.
Section 8.5. Amend Section 14.18.060 – Downtown parking district to read as
follows:
Section 14.18.060 – Downtown parking district.
The Downtown parking district boundaries shall be as defined by the Downtown San Rafael
Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated
herein by reference. Parking for nonresidential uses in the Downtown parking district shall be
provided consistent with the following:
A.The off-street parking requirement is waived for up to 1.0 FAR of the total
square footage of buildings located within the Downtown parking district.
B.Off-street parking for building square footage above 1.0 FAR and for all
residential uses shall be provided consistent with the parking requirements the Downtown San
Rafael Precise Plan Form-Based Code.
Section 8.6. Repeal Section 14.18.061 – Downtown’s west end and environs.
Section 8.7. Amend Section 14.18.120 – Tandem parking subsection E to read as
follows:
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E.Within the Downtown Mixed Use district, when the tandem parking spaces are
assigned to a single residential unit or where the tandem spaces are assigned to a single
tenant subject to exception permit as outlined under Section 14.24.020.G.3.
Section 8.8. Amend Section 14.18.160 – Parking lot screening and landscaping
to read as follows:
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. With the exception of sub-sections F, G, H, I, and J below, the provisions of this
section do not apply to properties within the Downtown Mixed Use district. The Downtown San
Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance includes
provisions and requirements for parking lot screening and landscaping.
The following provisions shall also be used as guidelines for parking lot improvements
on remodel projects.
A.Screening. Parking areas visible from the public right-of-way shall be screened
to headlight height through the use of landscaped earth berms, low walls, fences, 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 (1) 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 parking lots.
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').
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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.
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 root 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 twenty-five
(25) spaces or more a licensed landscape architect shall monitor tree well excavation, soil
preparation and tree planting and provide written verification to the community development
director that excavation, soil preparation and tree planting have complied with the standards
established by this subsection to promote normal healthy tree growth. Such written verification
shall be received by the community development director prior to use of the parking facility
and/or occupancy of the use.
H.Maintenance. Landscaped areas associated with parking lots shall at all times
be maintained in a healthy and clean condition, with replanting as necessary to maintain
compliance with the previously approved landscape plan. For parking lots containing twenty-
five (25) spaces or more the property owner shall obtain a minimum one (1) year maintenance
contract and warranty for tree growth and provide documentation of such to the community
development director prior to use of the parking facility and/or building or site occupancy.
I.Parking Structures. The top level of parking structures shall utilize light-
colored/high albedo paving material (reflectance of at least 0.3), or utilize shade structures,
photovoltaic carports, landscaped trellises, or trees to achieve at least fifty percent (50%)
daytime shading.
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J.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 Runoff) 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 review 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.
Illustration 14.18.160
Section 9. Amendments to Chapter 14.19 – SIGNS
Section 9.1. Amend Section 14.19.053 – Location, placement and design of signs,
subsection I. – Placement and Design of Projecting Blade Signs to read:
I.Placement and Design of Projecting and Blade Signs. The location and
placement of projecting and blade signs shall be subject to the following
provisions:
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1.The maximum permitted sign area for a projecting sign shall be thirty-six (36)
square feet, except in the Downtown Mixed Use districts. In the Downtown Mixed Use
districts, a projecting sign shall not exceed five (5) square feet in area.
2.A minimum vertical clearance of eight feet (8′) above the sidewalk, path, public
property, public right-of-way or easement shall be maintained.
3.Signs shall be placed at or below the sill of the second floor windows in a multi-
story building or below the eave line of a single-story building. Projecting signs shall be
permitted for a ground floor business or use only.
4.Signs shall not project more than a distance of six feet (6′) from the building
face, including all structural members. In no case shall the sign project closer than two feet
(2′) from the street curb.
5.Signs shall be placed to maintain appropriate sight distance.
6.When projecting and blade signs are illuminated, the conduit and wiring that
provides the source of illumination shall be concealed or screened, to the extent feasible.
7.To avoid visual clutter, a minimum distance of fifteen feet (15′) shall be
maintained between projecting and blade signs that are located on the same property. This
provision does not apply in the Downtown Mixed Use districts.
Section 9.2. Amend Section 14.19.065 – Downtown districts to read as follows:
14.19.065 - Downtown Mixed Use districts.
Size, placement and design of signs in the Downtown Mixed Use districts are intended for
view primarily by pedestrians and persons in vehicles nearby at the street level, not from long
distances. The unique characteristics found in the Downtown Mixed Use districts include a
higher density of business uses, and multiple ground floor business uses, which substantiate
special sign provisions. Signs located in the Downtown Mixed Use districts shall be subject to
the following provisions:
A.Permitted sign area shall be based on frontage width of a business or use, per
the provisions of Sections 14.19.064(A) through (E) and 14.19.064(G).
B.For all non-residential uses except office use, a maximum of three (3) signs
shall be permitted per frontage for each business or use, which may be a combination of sign
types. For office uses in the Downtown Mixed Use district, a maximum of one sign shall be
permitted per frontage for each business or use.
Section 9.3. Amend Table 14.19-2 – Sign Regulations for Zoning Districts,
Downtown Districts to read:
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Table 14.19-2
Sign Regulations for Zoning Districts
Zoning
District
Permitted Sign
Type
Permitted
Number of
Signs
Maximum Sign
Area**
Maximum
Sign Height
(freestanding)
Permitted
Illumination
Single-
Family
Residential
& Duplex
Residential
Districts
Wall [permitted
uses,
see Section
14.19.062(A)]
One (1) per
residence
Five (5) square
feet
NA No
illumination+
Monument
[subdivision or
neighborhood
sign]
Two (2) per
entrance
Twenty (20)
square feet (per
sign)
Six feet (6′) External
illumination
only+
Wall, Monument,
Directory,
Changeable
Copy [uses
subject to
approval of a
Conditional Use
Permit,
see Section
14.19.062(B)].
One (1) per
site
Twenty (20)
square feet
Six feet (6′) External
illumination
only+
Multiple-
Family
Residential
Districts &
Residential/
Office
Districts
Wall,
Projecting/Blade,
Awning,
Monument,
Directory,
Changeable
Copy
Two (2) per
site
Multiple-Family
Residential
Districts: Twenty-
five (25) square
feet (e.g.,
building
identification,
rental & vacancy
information)**
Residential/Office
Districts: Thirty-
six (36) square
feet**
Six feet (6′) External
illumination
only+
Commercial,
Office,
Industrial,
Marine
Related
Wall, Window,
Projecting/Blade,
Awning,
Marquee,
Mansard,
For
nonresidential
uses except
office uses:
Two (2) per
For
nonresidential
uses except
office uses:
One (1) square
Six feet (6′)
for monument
signs
Twenty-one
feet (21′) for
External
illumination,
Internal
illumination,
Reflective
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Zoning
District
Permitted Sign
Type
Permitted
Number of
Signs
Maximum Sign
Area**
Maximum
Sign Height
(freestanding)
Permitted
Illumination
Districts
(NC, GC, O,
C/O, FBWC,
LI/O, I,
CCI/O, M
and MC)
Monument,
Directory,
Changeable
Copy and
Pole/Pylon signs
frontage of
business or
use**
foot for each
linear foot of
building width of
business or use
frontage**
Minimum sign
area of twenty-
five (25) square
feet.
See 14.19.064.
pole/pylon
signs
Twenty-five
feet (25′) for
freeway-
oriented
pole/pylon
signs*
illumination
and Neon
For office
uses:
For office uses:
One (1) per
frontage of
business**
One-half (½)
square foot for
each linear foot
of building width
of business
frontage**
Minimum sign
area of fifteen
(15)square feet.
See 14.19.064.
Downtown
Mixed Use
Districts
Wall, Window,
Projecting/
Blade, Awning,
Marquee,
Mansard,
Monument,
Directory,
Changeable
Copy and
Pole/Pylon sign.
Three (3) per
frontage of
business or
use, except
for office use
(1 max)**
Same as
permitted in the
Commercial,
Office, Industrial
and Marine
Related Districts.
Six feet (6′)
for monument
signs
Twenty-one
feet (21′) for
pole/pylon
signs
External
illuminated,
Internal
illumination,
Reflective
illumination
and Neon
Second floor
tenant: Window
Second floor
tenant: One
(1)per use.
Second floor
tenant: Five (5)
square feet
NA No
illumination
permitted.
Other
Districts
Compliance with
standards and
provisions of the
zoning district
that is most
Compliance
with
standards
and
provisions of
Compliance with
standards and
provisions of
district most
similar to the
Compliance
with
standards
and
provisions of
Compliance
with
standards
and
provisions of
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Zoning
District
Permitted Sign
Type
Permitted
Number of
Signs
Maximum Sign
Area**
Maximum
Sign Height
(freestanding)
Permitted
Illumination
similar to the
subject zoning
district.
district most
similar to the
subject
zoning
district.
subject zoning
district.
district most
similar to the
subject
zoning
district.
district most
similar to
the subject
zoning
district.
+Exception: Internally illuminated and backlit illumination permitted for property and
building address signs.
*Freeway-oriented signs are permitted for businesses and properties, which directly
face a frontage road that is both parallel to and generally level with Highways US 101
or I-580 (Table 14.19-1).
** Unless, as noted, where more than one (1) sign is permitted for a business or use,
the combined area of the signs shall not exceed the maximum permitted sign area
(see Section 14.19.061).
Note: See Table 14.19-1 (Requirements and limitations for freestanding signs) and
Section 14.19.053.L (Placement and design of freestanding signs) for additional
requirements.
C.Projecting and marquee signs placed under a roof eave or awning are
encouraged to provide pedestrian-oriented signage. Projecting signs shall not exceed
five (5) square feet in area.
D.Second floor tenant window signs are permitted and shall not exceed
one per business or use and five (5) square feet in area.
Section 9. 4. Amend Section 14.19.070 – Temporary signs, subsection G -
Temporary, Portable A-frame Signs in the Downtown Districts to read:
G.Temporary, Portable A-Frame Signs in the Downtown Mixed Use District. The
location, placement and provisions for temporary, portable A-frame signs permitted in the
Downtown Mixed Use districts shall be established by standards and subject to fees, as set
forth by resolution of the city council from time to time.
Section 10. Amendments to Chapter 14.25 – ENVIRONMENTAL AND DESIGN REVIEW
PERMITS
Section 10.1. Amend Section 14.25.010 – Specific purposes by adding new sub-
section H to read as follows:
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H.Ensure superior urban design and the protection of historic resources in the
Downtown Mixed Use district, as stipulated in and promoted by the vision of the Downtown
San Rafael Precise Plan and Form-Based Code, which is adopted by separate ordinance and
incorporated herein by reference.
Section 10.2. Amend Section 14.25.040 – Improvements subject to review to read
as follows:
Section 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.For major projects located in the Downtown Mixed Use district, refer to the
Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate
ordinance.
2.New construction 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.
3.Modifications to existing structures, including, but not limited to:
a.Additions to multifamily residential structures with three (3) or more units,
where the addition constitutes more than forty percent (40%) of the total
square footage of the building.
b.Additions and alterations to existing nonresidential structures where the
addition is greater than forty percent (40%) of the existing square footage.
(Note: The community development director may determine that an addition
or alteration greater than forty percent (40%) which has a minor impact on
the visual character or function of a building is subject to a minor design
review permit.).
c.Relocation of a nonresidential structure, or of a residential structure with
three (3) or more existing dwelling units.
d.Second dwelling units, as prescribed by Section 14.16.285.C.9.
4.Major site design improvements, including but not limited to:
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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.
5.Development subject to review as a major physical improvement pursuant to
any other provision of this title.
6.Mural signs painted on the exterior surface of a wall of an existing or new
structure.
7.Wireless telecommunications facility, as prescribed under Section 14.16.360.B.
B.Minor Physical Improvements.
1.For minor projects located in the Downtown Mixed Use district, refer to the
Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate
ordinance.
2.New construction and modifications, including, but not limited to:
a.Any new residence or residential additions over five hundred (500) square
feet in size, or any modification that increases the height of the roofline,
when located on residential lots with average slopes of twenty-five percent
(25%) or greater or located in the hillside resource residential and hillside
residential general plan land use designations.
b.Any addition or modification that results in lifting the existing ground level
floor of a residence to construct a new ground level floor (lift and fill) located
on single-family or duplex residential lots (See Section 14.25.050.F.6. for
design criteria).
c.Accessory structures, or additions or modifications to any residential
structure located within one hundred (100) vertical feet of a ridgeline when
such improvement increases the height of a roofline, or increases building
scale and mass and is determined to be visible from off-site.
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d.Additions to multifamily residential structures containing three (3) or more
dwelling units, where the addition constitutes forty percent (40%) or less
than the total square footage of the building.
e.New two-story single-family and duplex residential structures proposing an
upper story level over five hundred (500) square feet in size (See Section
14.25.050.F.6. for design criteria).
f.Upper-story additions to single-family and duplex residential structures over
five hundred (500) square feet in size (See Section 14.25.050.F.6. for
design criteria).
g.Accessory structures on developed non-residential properties over one
hundred twenty (120) square feet in size.
h.Accessory structures on developed multi-family residential properties over
two hundred forty (240) square feet in size.
i.New construction or reconstruction of boat docking facilities,
j.Additions and alterations to existing nonresidential structures and/or
additions to existing nonresidential structures where the addition is forty
percent (40%) or less of the existing square footage and no greater than
one thousand two hundred fifty (1,250) square feet. Based on the scope
and potential impact of the change(s), the level of review may be decreased
by the community development director.
k.Structures over the height limit, including flagpoles, aboveground utility
distribution facilities, including communications towers and public water
tanks, windmills, monuments, steeples, cupolas, and screens for
mechanical equipment (chimneys are exempt).
l.Wireless communications facilities, as prescribed under Chapter
14.16.360.B.
3.Minor site design improvements, including, but not limited to:
a.Cutting of more than fifty (50) cubic yards and less than one thousand
(1,000) cubic yards per site per year, or fill more than fifty (50) cubic yards
and less than two thousand (2,000) cubic yards per site per year. (Exempt:
Where removal is being done in accordance with an approved and legally
effective tentative and/or final subdivision map, and a legally effective
building permit.) (Note: A use permit is also required where the principal use
proposed is cutting or filling.).
b.Landscaping, exterior lighting, fencing, and retaining walls over four feet (4')
high, proposed as part of a minor physical improvement subject to
environmental and design review.
c.Landscape revisions determined to be minor revisions to an existing hillside
residential, multifamily or nonresidential development, proposed as part of a
minor physical improvement.
d.Parking and loading areas, including driveways, sidewalks and curb cuts,
on a development subject to minor environmental and design review,
e.Commercial parking lots, including private parking and new parking
locations for uses with insufficient parking.
f.Drive-Through Facilities. See Section 14.16.110, Drive-through facilities, of
this title, for regulations.
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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.
4. Development subject to review as a minor physical improvement pursuant to
any other provision of this title.
C.Administrative Design Permits.
1.For projects located in the Downtown Mixed Use district that are subject to
administrative design review, refer to the Downtown San Rafael Precise Plan and Form-
Based Code which is adopted by separate ordinance.
2.Decks, or additions to existing decks, higher than thirty inches (30″) above
grade, located on residential lots with average slopes of twenty-five percent (25%) or greater
or located in the hillside resource residential and hillside residential general plan land use
designations, except no review is required for decks:
a.Less than a total of one hundred (100) square feet,
b.Not visible from the public street or adjacent properties, or
c.Replacing an existing elevated deck with a deck of same size and
configuration.
3.New single-family residences located on a flag lot.
4.New one-story duplexes, or ground floor additions over five hundred (500)
square feet in size or that include addition of a bedroom.
5.Conversion of a single-family residence to a duplex.
6.Design changes to projects that previously obtained design review approval.
This includes modifications to upper story additions, modifications to windows or architectural,
site design or landscaping changes. Based on the scope and potential impact of the
change(s), the level of review may be increased by the community development director.
7.Outdoor eating areas (as prescribed by Section 14.17.110).
8.Minor exterior alterations to a structure or development, which are subject to
environmental and design review, that, in the opinion of the community development director,
have minimal impacts on the visual character or function of the building or development.
9.Satellite dishes over the height limit in a multifamily or nonresidential district.
10.Residential fences over seven feet (7′) in height, and as set forth under the
criteria in Section 14.16.140.
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11.Nonresidential fencing over seven feet (7′) in height as set forth under Section
14.16.160 proposed to be located in a front yard or between the principal building and public
street frontage(s).
12.Detached accessory structures located on hillside residential lots with slopes of
twenty-five percent (25%) or greater or located in areas with a general plan land use
designation of hillside residential or hillside resource residential.
13.Retaining walls over four feet (4′) in height (measured from the top of the
footing or finished grade, as determined by the community development director, to the top of
the wall) and/or minor landscaping or grading modifications on properties located on a hillside
lot as identified in Section 14.12.020 (-H hillside overlay district) of this title, or located within
one hundred (100) vertical feet of a ridgeline.
14.Minor landscaping revisions to existing or approved multifamily or
nonresidential development that are determined to alter the character of the site.
15.Minor modifications to existing parking lots (reconfiguration or expansion).
16.Exterior repainting and refinishing on a development which significantly
deviates from the color scheme and/or palette previously approved through an environmental
and design review permit, or on structures in the hillside area as identified in Section
14.12.020 of this title when the colors or materials are not from the approved earthtone-
woodtone list.
17.Outdoor storage areas.
18.Design changes to dwelling units that were existing or approved as of January
1991 and that are being replaced pursuant to Section 14.16.060 (conservation of dwelling
units), or dwelling units that are being replaced pursuant to Section 14.16.270.B.5
(nonconforming structures) of this title.
19.Modifications to properties in the Eichler-Alliance (-EA) combining district which
increase the height of roof structures by more than six inches (6″) or change the roof pitch,
including the creation of sloping roofs, covered atriums that exceed the existing roof height,
clerestories or exposed exterior ducting, but excluding the review of solar collectors which are
flush-mounted or not visible from the street frontage.
20. Rooftop equipment and screens visible from off-site.
21.Minor additions or modifications to a wireless communications facility, as
prescribed under Section 14.16.360.B.
22.Residential accessory structures to be located between the front-facing wall of
the primary structure and the front setback except as permitted by Section 14.16.020.E.
23.Non-residential accessory structure one hundred twenty (120) square feet or
less in size.
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24.Ancillary detached accessory structures on a developed multi-family residential
property two hundred forty (240) square feet or less in size.
25.Development subject to review for an administrative design permit pursuant to
any other provision of this title.
D.Exempt from Design Review.
1.Single-family dwellings when sited on individual lots with frontage on a public
street and not otherwise subject to design review as listed above.
2.Ordinary maintenance and repairs.
3.New decks or additions to decks, except where review is required for decks
located in hillside areas as prescribed in Section 14.25.040.C, above.
4.Installation of solar panels on existing structures or grounds, as provided under
state law and in compliance with all applicable development standards.
5.Public art installations on public or private property approved through a City-
established public art program. For purposes of this section (14.25.040), “public art” is defined as
all forms of art including, but not limited to: sculptures, murals, mosaics, and fountains, which
are located on the exterior of a publicly owned facility or on a privately owned property when such
artwork is placed in a location intended to be visible to the general public.
6.The community development director may declare improvements which have
been determined to be minor or incidental within the intent and objectives of this chapter to be
exempt from review.
Section 10.3. Amend Section 14.25.050 subsection B – Consistency with
Specific Plans to read as follows:
E.Consistency with Specific Plans.
1.In addition to the criteria listed below, development will be evaluated for
consistency with applicable neighborhood and area design plans. Adopted plans which
include design guidelines include: Hillside Residential Design Guidelines Manual, San Rafael
Design Guidelines, the San Rafael General Plan 2040, specifically the neighborhoods
element, and community design and preservation elements, and any design guidelines or
amendments that are adopted by resolution.
2.Development proposed within the Downtown Mixed Use district shall comply
with the design criteria and provisions set forth in the Downtown San Rafael Precise Plan
Form-Based Code, which is adopted by separate ordinance and incorporated herein by
reference. The criteria listed below shall apply where the Downtown San Rafael Precise Plan
form-based code is silent on the specific criteria topic.
EXHIBIT B
Amendments to the San Rafael Municipal Code Zoning Map to Rezone Real Properties from 4SRC, CMSU, HO, 2/3 MUE, 2/3 MUW, WEV
and 5/M R/O Districts to
Downtown Mixed Use (DMU) District
ZC21-003
EXHIBIT C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE, TITLE 14 REGARDING
CANNABIS MANUFACTURING USE, LARGE FAMILY DAY CARE HOMES AND
MISCELLANEOUS REGULATIONS
May 21, 2021
The following are amendments to the San Rafael Municipal Code, Title 14 (Zoning) to
incorporate revisions and additions to the cannabis use regulations:
Section 1. Amendments to Chapter 14.03 - DEFINITIONS
Section 1.1. Amend Section 14.03.030 – Definitions as follows:
DELETE definition of “Cannabis infused products”
ADD a new definition for cannabis manufacturing to read as follows:
“Cannabis manufacturing” means to compound, blend, extract, infuse, or otherwise make or
prepare a cannabis product. Manufacturing includes the processes of extraction, infusion,
packaging or repackaging, and labeling or relabeling of cannabis products.
Section 2. Amendments to Chapter 14.05 – COMMERCIAL AND OFFICE DISTRICTS (GC,
NC, O, C/O, R/O, FBWC)
Section 2.1. Amend Table 14.05.040 to replace “cannabis infused products” with
“cannabis manufacturing” and amend footnotes as shown below:
Table 14.05.020
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Commercial Uses
Cannabis Manufacturing
Cannabis Distribution
Card rooms See Chapter 10.36
(1)Reserved.
(2)Shall not be located within six hundred feet (600′) from schools (public and private), as
measured from the property lines of each parcel.
(3)See Section 14.17.100 (Residential uses in commercial districts).
EXHIBIT C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE, TITLE 14 REGARDING
CANNABIS MANUFACTURING USE, LARGE FAMILY DAY CARE HOMES AND
MISCELLANEOUS REGULATIONS
May 21, 2021
Section 3. Amendments to Chapter 14.06 – INDUSTRIAL DISTRICTS (I, LI/O, CCI/O, LMU)
Section 3.1. Amend Table 14.05.040 to replace “cannabis infused products” with
“cannabis manufacturing” and amend footnotes as follows:
Table 14.06.020
Types of Land
Use
I LI/O CCI/O LMU Additional Use Regulations
Cannabis
Related Uses
Cannabis
Testing/lab
P
(1)
P
(1)
P (1) *Subject to additional regulations
and permitting (See
SRMC Chapter 10.96)
Cannabis
Delivery
P(1) P(1) P(1) *Subject to additional regulations
and permitting (See
SRMC Chapter 10.96
Cannabis
Manufacturing
P(1) P(1) P(1) *Subject to additional regulations
and permitting (See
SRMC Chapter 10.96)
Cannabis
Distribution
P(1) P(1) P(1)
(1)Shall not be located within three hundred (300) feet from schools (public and
private), as measured from the property lines of each parcel.
Section 4. Amendments to Chapter 14.17 – PERFORMANCE STANDARDS
Section 4.1. Repeal Section 14.17.040 – Family day care home for children.
Section 5. Amendments to Chapter 14.22 – USE PERMITS
Section 5.1. Amend Section 14.22.180 – Expiration to read as follows:
EXHIBIT C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE, TITLE 14 REGARDING
CANNABIS MANUFACTURING USE, LARGE FAMILY DAY CARE HOMES AND
MISCELLANEOUS REGULATIONS
May 21, 2021
14.22.180 - Expiration.
Use permits are valid for two years unless a different expiration date is stipulated at the time
of approval, a building permit has been issued and construction diligently pursued, a
certificate of occupancy has been issued, or the permit is renewed or extended. If more than
one phase of a development is approved in a single action and the later phases remain
outstanding, their approval shall lapse at the end of the authorized time frame.
Section 6. Amendments to Chapter 14.23 – VARIANCES
Section 6.1. Amend Section 14.23.170 – Expiration to read as follows:
14.23.170 - Expiration.
Variances are valid for two years unless a different expiration date is stipulated at the time of
approval, a building permit has been issued and construction diligently pursued, a certificate
of occupancy has been issued, or the permit is renewed or extended. If more than one phase
of a development is approved in a single action and the later phases remain outstanding, their
approval shall lapse at the end of the authorized time frame.
Section 7. Amendments to Chapter 14.24 - EXCEPTIONS
Section 7.1. Amend Section 14.24.150 – Expiration to read as follows:
Section 14.24.150 – Expiration.
Exceptions are valid for two years unless a different expiration date is stipulated at the time of
approval, a building permit has been issued and construction diligently pursued, a certificate
of occupancy has been issued, or the permit is renewed or extended. If more than one phase
of a development is approved in a single action and the later phases remain outstanding, their
approval shall lapse at the end of the authorized time frame.
Section 8. Amendments to Chapter 14.25 – ENVIRONMENTAL AND DESIGN REVIEW
PERMITS
Section 8.1. Amend Section 14.25.200 – Expiration to read as follows:
Section 14.25.200- Expiration.
Environmental and design review permits are valid for two years unless a different expiration
date is stipulated at the time of approval, a building permit has been issued and construction
diligently pursued, a certificate of occupancy has been issued or the permit is renewed or
extended. If more than one phase of a development is approved in a single action and the
EXHIBIT C
AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE, TITLE 14 REGARDING
CANNABIS MANUFACTURING USE, LARGE FAMILY DAY CARE HOMES AND
MISCELLANEOUS REGULATIONS
May 21, 2021
later phases remain outstanding, their approval shall lapse at the end of the authorized time
frame.
Section 9. Amendments to Chapter 14.27 - AMENDMENTS
Section 9.1. Amend Section 14.27.010 – Specific purposes to read as follows:
Section 14.27.010 – Specific purposes.
The purpose of this chapter is to establish procedures for amending the zoning map or zoning
regulations whenever the public necessity, convenience or general welfare require such
amendments. The amendment process is necessary to maintain consistency with the general
plan and state law over time, to supplement zoning regulations, and to improve the
effectiveness and clarity of the zoning ordinance. The provisions and procedures of this
chapter are applicable to amendments to the Downtown San Rafael Precise Plan, form-based
code and downtown zoning map, which are adopted by separate ordinance.