HomeMy WebLinkAboutOrdinance 2039 (Planning Commission and Design Review Board Consolidation)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. 2039
AN ORDINANCE AMENDING TITLE 2 – ADMINISTRATION OF THE SAN
RAFAEL MUNICIPAL CODE TO ADD DESIGN PROFESSIONALS TO THE
PLANNING COMMISSION MEMBERSHIP COMPOSITION, AND AMEND TITLES
14 – ZONING, AND 15 - SUBDIVISIONS OF THE SAN RAFAEL MUNICIPAL
CODE, TO DISSOLVE THE DESIGN REVIEW BOARD AND TRANSFER
EXISTING DUTIES OF THE DESIGN REVIEW BOARD TO THE PLANNING
COMMISSION, OR ZONING ADMINISTRATOR, OR DIRECTOR OF COMMUNITY
AND ECONOMIC DEVELOPMENT
is a true and correct copy of an Ordinance of said City, and was introduced at a SPECIAL
meeting of the City Council of the City of San Rafael, held on the 21st day of June 2024;
a SUMMARY of Ordinance No. 2039 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 15th day of July 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Hill & Llorens Gulati
WITNESS my hand and the official
Seal of the City of San Rafael this
16th day of July 2024
______________
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2039
AN ORDINANCE AMENDING TITLE 2 – ADMINISTRATION OF THE SAN RAFAEL
MUNICIPAL CODE TO ADD DESIGN PROFESSIONALS TO THE PLANNING
COMMISSION MEMBERSHIP COMPOSITION, AND AMEND TITLES 14 – ZONING,
AND 15 - SUBDIVISIONS OF THE SAN RAFAEL MUNICIPAL CODE, TO DISSOLVE
THE DESIGN REVIEW BOARD AND TRANSFER EXISTING DUTIES OF THE
DESIGN REVIEW BOARD TO THE PLANNING COMMISSION, OR ZONING
ADMINISTRATOR, OR DIRECTOR OF COMMUNITY AND ECONOMIC
DEVELOPMENT
Section 1. Findings.
WHEREAS, The Design Review Advisory Committee was created in 1977 by
the San Rafael Redevelopment Agency as an informal committee to respond to the high
volume of development applications, delays in the processing of applications, and the
quality of design review in response to the Downtown Beautification Project and the rapid
development of East San Rafael, and
WHEREAS, The Design Review Board was officially established in May 1980 by
Ordinance 1502 to formalize the Design Review Advisory Committee, and
WHEREAS, The purpose of the Design Review Board was to serve as an
advisory body to the City Council to review and formulate recommendations on
development projects requiring environmental and design review permits and on other
design matters referred to the Design Review Board by the City Council, Planning
Commission, or Community and Economic Development Director, and
WHEREAS, over the last several years, new state legislation, (including Senate
Bill 35, the Housing Crisis Act of 2019 and others) has required the City’s Municipal Code
to support a streamlined reviews of projects, often using only objective design standards
and limiting the number of hearings, and
WHEREAS, the Community Development Department presented a staff report in
2019, which included suggestions from several developers to dissolve the Design Review
Board and received input from the City Council, and
WHEREAS, in 2020, the City Council approved a staff report recommending that
staff pursue an amendment to the San Rafael Municipal Code to streamline
development review and created a Design Review Advisory Committee as a one-year
pilot program. The following year the pilot program the program was ended, and
WHEREAS, in April 2022 the City Council approved a staff report recommending
support for a new one-year pilot program and a zoning text amendment to create a new
process entitled, “Streamlined Review for Certain Residential Projects.” The outcome of
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the pilot program resulted in fifteen canceled Design Review Board meetings in both
calendar year 2022 and 2023, and
WHEREAS, on December 18, 2023 the City Council received a report and
provided feedback to staff regarding the possible consolidation the DRB and the PC, and
WHEREAS, City Councilmembers provided feedback to staff to return at a future
City Council meeting after completing three related tasks: 1) adoption of revised
Objective Design Standards, 2) hiring of the permanent Community Development
Director, 3) allow more time for the community to provide feedback to staff. Each of these
tasks have now been completed, and
WHEREAS, on June 11, 2024, staff brought a draft ordinance amending Title 2,
Title 14, and Title 15 before the Planning Commission for review. As the Planning
Commission does not have authority over Title 2, the proposed amendments to Title 2
were presented to provide a comprehensive overview of the scope of the proposed
changes. The Planning Commission was asked to review the proposed ordinance and
forward a recommendation to City Council. After review, public comment, and
deliberations, the Planning Commission voted to continue the item to June 18, 2024 to a
Special Planning Commission meeting to provide additional time for commissioners and
the public to review the proposed amendments, and
WHEREAS, on June 18, the Planning Commission held the continued public
hearing and resumed deliberations on dissolution of the Design Review Board. The
Planning Commission unanimously voted to forward a recommendation to City Council to
introduce the ordinance and recommended modifications to Title 2 to ensure all
responsibilities of the Design Review Board are clearly delegated to the Planning
Commission and that a definition is included for “design professional, and directed staff to
review Title 14 to ensure the amendments clearly identify the review body and any
required recommendations, and
WHEREAS, the City Council conducted a noticed public hearing on June 21,
2024, for the purpose of considering the proposed amendments to the Ordinance; and
WHEREAS, the City Council has duly considered all testimony presented at the
public hearings, and the evaluation and recommendations from staff; and
WHEREAS, the proposed amendments to the San Rafael Municipal Code set forth
herein below are consistent with state law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Section 2: Amendments to Title 2 of the San Rafael Municipal Code.
Title 2 – Administration, of the San Rafael Municipal Code, is amended as set forth in
Exhibit A, attached hereto and incorporated herein by this reference (additions in
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underline, deletions in strikethrough).
Section 3: Amendments to Title 14 of the San Rafael Municipal Code.
Title 14 – Zoning, of the San Rafael Municipal Code, is amended as set forth in Exhibit
B, attached hereto and incorporated herein by this reference (additions in underline,
deletions in strikethrough).
Section 4: Amendments to Title 15 of the San Rafael Municipal Code.
Title 15 – Subdivisions, of the San Rafael Municipal Code, is amended as set forth in
Exhibit C, attached hereto and incorporated herein by this reference (additions in
underline, deletions in strikethrough).
Section 5. Severability. If any section, subsection, phrase or clause of this ordinance
is for any reason held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would
have passed this and each section, subsection, phrase or clause thereof irrespective of
the fact that any one or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied.
Section 6. Findings of the Zoning Code.
Pursuant to Section 14.27.060 (Findings) of the San Rafael Municipal Code, the proposed
amendments of the zoning regulations code under this ordinance:
A. Are consistent with the goals, policies, and actions of the General Plan.
B. Would not be detrimental to the public interest, health, safety, convenience, or
welfare of the city for the reasons described in the recitals above;
Section 7. Compliance with CEQA. The City Council hereby finds that the action to
adopt this Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it
can be seen with certainty that there is no possibility the adoption of this Ordinance may
have a significant effect on the environment, and pursuant to CEQA Guidelines section
15378(b)(5) because the dissolution of the Design Review Board and reassignment of its
responsibilities to other City boards and staff members is an organizational/administrative
activity that will not result in direct or indirect physical changes in the environment.
Section 8. Effective Date and Publication. This Ordinance shall be published once, in
full or in summary form, before its final passage, in a newspaper of general circulation,
published and circulated in the City of San Rafael and shall be in full force and effect 30
days after its adoption. If published in summary form, the summary shall also be published
within fifteen (15) days after the adoption, together with the names of those Council
members voting for or against same, in a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
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City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a Special Meeting of
the City Council of the City of San Rafael, held on the 21st day of June 2024, 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 15th day of July 2024.
AYES: Councilmembers: Bushey, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Llorens Gulati
KATE COLIN, Mayor
Attest:
LINDSAY LARA, City Clerk
Exhibit A: Modifications to Title 2
Page 1 of 4
Section 2.16.040 - Planning commission—Creation—Membership.
There is created a planning commission for the city, consisting of seven (7) members and two (2)
alternate members, not officials of the city, appointed by the mayor with the approval of the city
council. Eligibility requirements for members of the planning commission are as follows:
The commission shall be composed of seven (7) regular voting members, comprised of one
(1) commissioner from each of the city's four (4) city council electoral districts, and three (3)
at-large commissioners.
Requirements for eligibility:
1. District representatives: Each district representative must reside in the district they
represent.
2. At-large members: Must reside in city limits. At least one (1) at-large member shall
be a licensed architect and at least one (1) at-large member shall be a design
professional.
”Design professional” means an architect, engineer, landscape architect, building designer,
urban designer, urban planner, or other similar design specialist. They may, but are not required
to, be licensed or registered in their related field.
In addition, the commission shall include two (2) alternate members who shall be eligible to vote
when serving in the absence of any of the commission’s regular voting members. Both alternate
members shall reside in city limits and be licensed architects.
Section 2.16.110 - Powers and duties of planning commission.
It shall be the function and duty of the planning commission to act as a decision-making body
on quasi-legislative matters including, but not limited to:
• Major subdivisions as delegated to the planning commission under Title 15 of this Code.
• Conditional use permits delegated to the planning commission.
• Environmental and design review permits delegated to the planning commission.
• Appeals made by a lower body and appealed to the planning commission.
• Other matters including physical improvements, conditional use permits, or environmental
and design permits referred by the community development direction to the planning
Exhibit A: Modifications to Title 2
Page 2 of 4
commission pursuant to powers and duties set forth in the Municipal Code at the discretion of
the community development director.
It shall be the function and duty of the planning commission to act as an advisory body to the
city council on legislative matters related to but not limited to the following:
• General plan updates and amendments.
• Zoning text and zoning map amendments.
• Other land use matters requiring city council action.
It shall be the duty of the members of the planning commission to inform themselves on
matters affecting the functions and duties of the commission and all planning matters, and, to
that end, they may attend training and planning conferences and the reasonable traveling
expenses incidental to the attendance shall be charged upon the funds allocated to the
commission.
The planning commission shall provide professional design analysis, evaluation and judgment
as to the appropriateness of development proposals for the use and setting and to
recommend approval, approval with conditions, redesign or denial based on design standards
and findings of approval adopted by the city council.
The planning commission shall endeavor to promote public interest and understanding of
plans developed, and the regulations relating thereto. The commission shall adopt rules for
the transaction of business and shall keep a record of its resolutions, transactions, findings,
and determinations, which records shall be a public record.
2.16.120 Design review board—Creation.
A design review board is created.
Page 3 of 4
2.16.121 Design review board membership—Compensation.
The design review board shall consist of a total of five (5) regular members and may include
one (1) alternate member appointed by the city council. The design review board members
shall be qualified as follows:
1. At least two (2) members shall be licensed architects or licensed building designers;
2. At least one (1) member shall be a licensed landscape architect;
3. At least one of the five (5) members shall have background or experience in urban
design;
4. The alternate member may have qualifications in any of the above fields of expertise;
5. All board members shall reside in the city of San Rafael; and
6. In addition to the five (5) council-appointed board members and one (1) alternate
member, one (1) planning commissioner shall attend board meetings. This liaison planning
commissioner shall be appointed by the commission chairperson. An additional commissioner
shall be appointed to serve as an "alternate liaison" in case of absence. The planning
commission liaison should be present at all design review board meetings to offer advice and
direction to the board on matters of commission concern.
Alternate Member. The alternate member may temporarily fill a vacancy created when a
regular member: (1) leaves office prior to completion of the member's term; (2) cannot attend
a meeting; or (3) cannot participate on a particular matter due to a conflict of interest.
The city council may establish compensation for members of the design review board by
resolution.
2.16.122 Design review board powers and duties.
Subject to the direction and control of the city council, as provided in Section 2.04.030 of
this Code, the powers and duties of the design review board shall be:
To serve as an advisory body to the city for the purpose of reviewing and formulating
recommendations on all major physical improvements requiring environmental and design
review permits, except that an alternate streamlined review process may be allowed for
certain eligible projects by ordinance or resolution of the city council.
To serve as an advisory body on other design matters, including minor physical
improvements or administrative design permits, referred to the board by the community
development director, planning commission or city council.
To provide professional design analysis, evaluation and judgment as to the
completeness, competence and appropriateness of development proposals for the use and
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setting and to recommend approval, approval with conditions, redesign or denial based on
design standards adopted by the city council.
( Ord. No. 2018 , div. 2, 10-3-2022)
Exhibit B: Title 14
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Title 14
ZONING*
Division I GENERAL PROVISIONS
Chapter 14.01 TITLE, COMPONENTS AND PURPOSES
14.01.010 Title.
This title, Title 14 of the San Rafael Municipal Code, shall be known and cited as "the San Rafael Zoning
Ordinance," or, "the zoning ordinance."
(Ord. 1625 § 1 (part), 1992).
14.01.020 Components.
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.
B. A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be kept
on file with the city clerk and shall constitute the original record. A copy of the zoning regulations and zoning
map currently in effect shall also be kept on file in the planning department.
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
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 1.1), 8-16-2021)
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14.01.030 Purposes.
The San Rafael Zoning Ordinance is adopted to promote and protect the public health, safety, peace, comfort
and general welfare. The zoning ordinance is also intended to promote the following more specific purposes:
A. To implement and promote the goals and policies of the San Rafael general plan, so as to guide and
manage future development in the city in accordance with such plan;
B. To foster harmonious and workable relationships among land uses;
C. To reduce or remove negative impacts caused by inappropriate location, use or design of buildings and
improvements;
D. To protect, strengthen and diversify the economic base of the city;
E. To promote viable commercial and industrial enterprises that provide diverse employment
opportunities for city residents;
F. To ensure the adequate provision of light, air, space, fire safety and privacy between buildings;
G. To provide adequate, safe and effective off -street parking and loading facilities;
H. To promote a safe, effective traffic circulation system, and maintain acceptable local circulation system
operating conditions;
I. To promote design quality in all development and to preserve and enhance the city's existing historic,
architectural, and cultural resources;
J. To preserve and enhance natural resources and key visual features in the community, including the bay
shoreline, canal, wetlands, and hillsides;
K. To protect and conserve the city's existing housing stock;
L. To promote housing development to meet housing needs, including affordable housing and special
housing needs;
M. To coordinate the service demands of new development with the capacities of existing streets, utilities
and public services;
N. To provide for effective citizen participation in decision -making.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.02 ORGANIZATION, APPLICABILITY AND INTERPRETATION
14.02.010 Organization.
A. The Zoning Ordinance is divided into five divisions:
I. General Provisions
II. Base District Regulations
III. Overlay District Regulations
IV. Regulations Applying in All or Several Districts
V. Administrative Regulations
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B. Three types of zoning regulations control use and development of property:
1. Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and
include special requirements, if any, applicable to specific uses. Land use regulations for base zoning
districts are contained in Division II of the zoning ordinance. Land use regulations for overlay districts
are contained in Division III of the zoning ordinance. Certain regulations applicable in all or several
districts are included in Division IV.
2. Development regulations control the height, bulk, and location of structures on development sites and
establish other development standards. Development regulations for each base zoning district are in
Division II of the zoning ordinance; development regulations for overlay districts are contained in
Division III. Certain development regulations, applicable in more than one base or overlay district, are
contained in Division IV. These include site and use regulations, performance standards for certain
uses, and parking and sign regulations.
3. Administrative regulations contain detailed procedures for the administration of zoning regulations,
including requirements for administrative permits, use permits, variances, exceptions, design review
permits, zoning ordinance amendments, appeals and enforcement. Administrative regulations are
contained in Division V of the zoning ordinance.
(Ord. 1625 § 1 (part), 1992).
14.02.020 General rules for applicability of zoning regulations.
A. Applicability to Property. Zoning regulations shall apply to all land within the city of San Rafael, including land
owned by the city of San Rafael and other local, state or federal agencies, where applicable. Application of
regulations to specific lots shall be governed by the zoning map.
B. Applicability to Streets and Rights-of-Way. Public streets, utility and other right-of-ways are the boundaries
of the zoning districts. In cases where right-of-ways are abandoned, the centerline shall be used as the
district boundary.
C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied,
enlarged, altered, or moved in any zoning district except in accord with the provisions of this title.
D. Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title
shall authorize the maintenance of any public nuisance, as defined in Chapter 1.16, Nuisance Abatement,
and Chapter 1.20, Nuisances.
E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this
title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an
application, regardless of actual receipt of mailed or delivered notice.
F. Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city
code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless
otherwise specified in this title.
G. Relation to Private Agreements. This title shall not interfere with or annul any easement, covenant, or other
agreement now in effect, provided that where this title imposes greater restriction than imposed by an
easement, covenant, or agreement, this title shall control.
H. Application During Local Emergency. The city council may authorize deviations from any provision of this title
during a local emergency. Such deviations shall be authorized by resolution of the city council, without notice
or public hearing.
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I. Severability. If any section, subsection, sentence or phrase of this title is for any reason held to be invalid or
unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be
affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would
have been adopted regardless of the fact that one (1) or more other portions of this title would be declared
invalid or unconstitutional.
J. Multiple Development Permit Applications. Where a single development project seeks multiple development
permit approvals, some of which require planning commission approval and others of which may only be
approved by the city council, the following procedure shall obtain. The planning commission shall conduct a
public hearing(s) on all such multiple permit applications, together with appropriate environmental
documents and shall recommend action to the city council, which shall have exclusive and final a pproval
authority over such multiple permit applications, and which shall pass on the sufficiency of the appropriate
environmental documents related to the applications. The provisions of this section shall supersede any
zoning ordinance, subdivision ordinance, development application policy and/or provision of the city's
environmental assessment procedures manual to the contrary; provided, however, that nothing contained in
this section shall modify or affect in any way the public notice and public hearing requirements related to
processing of general plan amendments, environmental and design review permit applications, trip permit
applications, use permit applications, subdivision applications, zoning ordinance amendment applications,
and/or any other discretionary development application, and any findings requirements applicable to the
planning commission in connection with such matters shall be requirements of the city council and not the
planning commission.
(Ord. 1647 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
14.02.030 Applicability of land use and development regulations.
A. Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown
on the zoning map by zoning designations consisting of initial letters from the name of each zoning district.
B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as
follows:
Base
District
Designator
Base District Name Chapter
R2a Single-family Residential District
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
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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
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
LI/O Light Industrial/Office District
CCI/O Core Canal Industrial/Office District
LMU Lindaro Mixed Use District
PD Planned Development District
M Marine District
P/QP Public/Quasi-Public District
P/OS Parks/Open Space District 14.10
W Water District 14.11
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined
with a base district, are established as follows:
Overlay District Designator Overlay District Name Chapter
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-H Hillside Development Overlay
District
14.12
-WO Wetland Overlay District 14.13
-E/A Eichler/Alliance Overlay District 14.14
-C Canalfront Review Overlay
District
14.15
(Ord. 1838 § 15, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 2, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 2.1), 8-16-2021)
14.02.040 Rules for interpretation—Recordkeeping.
A. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall
apply:
1. District boundaries shown as approximately following the property line of a lot shall be construed to
follow such property line.
2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary
shall be determined by using the scale appearing on the zoning map, unless the boundary location is
indicated by dimensions printed on the map.
3. Any parcels inadvertently not zoned shall be rezoned consistent with the general plan land use
designation and surrounding zoning classifications.
B. Land Use Categories. Land use categories include uses having similar characteristics, but do not specify every
use or activity that may appropriately be within the category. The planning director shall determine whether
a specific use shall be deemed to be within one or more use category or not within any use in this title. The
planning director may determine that a specific use shall not be deemed to be within a use category,
whether or not named within the classification, if its characteristics are substantially incompatible with those
typical of a specific use. Any new use, or any use that cannot be clearly determined to be in an existing use
classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment, as
provided in Chapter 14.27, Amendments.
C. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this title or its
application to a specific site, the planning director shall determine the intent of the provision. Where general
plan policy indicates a site-specific use not otherwise allowed by the zoning district, that use may be allowed
with a use permit, subject to the approval of the planning commission.
D. Appeals. An interpretation of the zoning map, use classifications, or zoning regulations by the planning
director may be appealed to the planning commission, as provided in Chapter 14.28, Appeals.
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.02.050 Effect of this title on approved projects and projects in process.
A. Use permits, variances, design permits, and tentative subdivision maps which are valid on the effective date
of the ordinance codified in this title shall remain valid until their expiration date. These projects can be built
in accord with the development standards in effect at the time of approval, provided that the use permit or
design approval is valid at the time building permits are issued and that such permit is subject to any time
limits imposed pursuant to Title 12, Building Regulations.
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B. No provision of this title shall require any change in the plans, construction or designated use of any
structure for which a building permit has been issued prior to the effective date of the ordinance codified in
this title, or any subsequent amendment of this title.
C. Any reapplication for an expired permit must meet the standards in effect at the time of reapplication.
D. Any modification of a use permit or variance, or any major modification of an environmental and design
review permit or building permit issued prior to the date of the ordinance codified in this title must conform
to the standards in effect at the time of the revised application.
E. Any minor modification of an environmental and design review permit or building permit issued prior to the
date of the ordinance codified in this title may be subject to the standards in effect at the time of the revised
application, as determined by the planning director.
F. Any extension of a use permit must meet the standards in effect at the time of reapplication.
G. An environmental and design review permit, or of a variance which has been approved as part of an
environmental and design review permit, may be extended under the standards in effect at the time of
approval up to two (2) years after the effective date of the ordinance codified in this title. Extensions of such
permits after two (2) years of the effective date must meet the standards in effect at the time of
reapplication.
H. Projects for which public hearings are not complete prior to the effective date of the ordinance codified in
this title shall be subject to the use regulations, development standards, and all other requirements of this
title.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.03 DEFINITIONS
14.03.010 Purpose and applicability.
The purpose of this chapter is to promote consistency and precision in the application and interpretation of
zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply
throughout Title 14, except where the context or use of such words or phrases clearly indicates a different
meaning or construction intended in that particular case.
(Ord. 1625 § 1 (part), 1992).
14.03.020 Rules for construction of language.
A. The particular shall control the general.
B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
1. "And" indicates that all connected words or provisions shall apply.
2. "Or" indicates that the connected words or provisions may apply singly or in any combination.
3. "Either...or" indicates that the connected words or provisions shall apply singly but not in combination.
C. In case of conflict between the text and any illustration, the text shall control.
D. The word "shall" is mandatory and not discretionary. The words "may" and "should" are permissive and
discretionary.
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E. References in the masculine and feminine genders are interchangeable.
F. "Including, but not limited to" means that the definition is applicable to the examples that are cited, and to
other examples that are not cited, which are deemed to be similar in purpose and consistent with the intent
of the definition.
Unless the context clearly indicates the contrary, words in the present and the future tense are
interchangeable, and words in the singular and plural are interchangeable.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 3, 6-21-2010)
14.03.030 Definitions.
"A.M. peak hour" means the number of vehicular traffic movements entering and exiting a site during the
highest volume consecutive sixty (60) minutes in the a.m. peak period from seven a.m. (7:00 a.m.) to nine a.m.
(9:00 a.m.) on the local street system.
"Accessory dwelling unit" ("ADU") means an attached or a detached residential dwelling unit that provides
complete independent living facilities for one or more persons and is located on a lot with a proposed or existing
primary residence. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation
on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the
following: an efficiency unit, a manufactured home, as defined in Section 18007 of the Health and Safety Code. A
junior accessory dwelling unit is considered an ADU subject to additional defined standards. An ADU is not
considered to exceed the allowable density for the lot upon which it is located. An ADU is conside red a residential
use consistent with the general plan and zoning designation for the lot.
"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 the
ground. Accessory structures include, but are not limited to, garages/carports, gazebos, greenhouses, storage
sheds, freestanding solar panel arrays, small wind energy systems, cabanas, studios, sport courts, spas, hot tubs
and pools. Accessory structure would not include a "tree house" that does not have a foundation support on the
ground or require a building permit. See also "Accessory dwelling unit".
"Accessory use" means a use clearly subordinate or incidental and directly related to a permitted use or
conditionally permitted use. The general thresholds for considering whether a use is an accessory use include
whether the: a) floor area dedicated to the use is less than twenty-five percent (25%) of the total area; b) amount
of business, revenue or activity generated by the use is less than twenty -five percent (25%) of the main use; c)
hours of operation and intensity of operation are similar to the primary use; and d) uses are composed in separate
and demised tenant spaces.
"Addition" means a structure added to the original structure at some time after the completion of the
original.
"ADU" see definition for "Accessory Dwelling Unit."
"Affordable housing unit(s)" means those dwelling units as described herein which are required to be rented
at affordable monthly rents to very-low, low, and moderate-income households, or purchased at an affordable
sales price to low and moderate-income households.
"Affordable monthly housing cost" for ownership units means that no more than thirty -three percent (33%)
of household income is required for total housing cost including principal and interest payment on the mortgage,
private mortgage insurance payments, property taxes, property insurance and homeowners' association dues.
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"Affordable monthly rent" means the monthly rental rate plus a utility allowance for tenant-paid utilities as
determined by the Marin Housing Authority that together does not exceed thirty percent (30%) of the monthly
income of the specified income level.
"Affordable sales price" means the sales price for an affordable ownership unit as set forth in the below
market rate housing agreement between the city and the developer.
"Alteration" means any change or modification in construction.
"Animal care facility" means a use providing grooming, housing, medical care, or other services to animals,
including veterinary services, animal hospitals, overnight or short -term boarding ancillary to veterinary care,
indoor or outdoor kennels, and similar services.
"Animal keeping" or "keeping of animals" means the ownership, possession, custody, control or sheltering of
an animal for fourteen (14) or more consecutive days, by any person on private property for noncommercial
purposes.
"Antenna" means any system of poles, panels, rods, reflecting dishes, wires or similar devices used for the
transmission or reception of electromagnetic waves or signals.
"Antenna structure" means an antenna array and its associated support structure, such as a monopole or
tower.
"Antenna, building-mounted" (also known as facade-mounted) means any antenna mounted to a building or
rooftop equipment screen that transmits or receives electromagnetic signals.
"Antenna, ground-mounted" means any antenna which is attached or affixed to a freestanding support
structure which has its base placed directly on the ground, specifically including, but not limited to, monopoles or
towers.
"Atrium" means a covered entryway or central courtyard, typically open through two (2) or more floor levels,
which is nonleasable space and which does not include enclosed stairways, elevators, hallways or similar area.
"Awning sign" means a sign placed on the face or surface of an awning.
"Banks and financial services" means financial institutions including uses such as banks and trust companies,
check cashing, credit unions, foreign currency, holding (but not primarily operating) companies, home loan
services, lending and thrift institutions, money wiring, mortgage brokers, other investment companies,
securities/commodity brokers, contract brokers and dealers, security and commodity exchanges, and vehicle
finance (equity) leasing.
"Banner" means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or
mounted so as to allow movement.
"Bed and breakfast inn" means establishments offering lodging on a less than weekly basis, typically in a
converted single-family dwelling, with incidental eating and drinking service for lodgers only provided from a single
kitchen.
Billiards. See "Poolhall."
"Boarding house" means a structure or portion thereof where rooms and/or meals for three (3) or more
nontransient guests are provided for compensation. Such rooms do not include complete cooking and sanitary
facilities. Includes single-room occupancy development. Excludes the bona fide sharing of the rent or ownership
costs of housing and/or the sharing of expenses for meals.
"Boat docking facility" means a fixed structure, typically made of wood or concrete, connected to land which
is used to secure boats and provide dry pedestrian access to land.
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"Bonus trip allocation" means nonparcel-specific "extra" trips that are reserved for developments providing
significant amounts of affordable housing or needed neighborhood, serving commercial or other specified uses for
public benefit.
"Brew pub" means an establishment where beer, ale or malt liquors are produced and served to customers.
May also include restaurant services.
"Buffer" means a land area used to separate and/or protect one use from another, or to shield or block
noise, lights, or other nuisances.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy.
"Building stepback" means a limitation on the height of structures within the building envelope which is
required to avoid excessive building bulk viewed from downhill lots and front and street side elevations.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis,
whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.
"Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does
not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the
Health and Safety Code.
"Cannabis delivery" means the commercial transfer of medicinal cannabis or cannabis products to a
customer. "Delivery" also includes the use by a retailer of any technology platform. This sort of use is regulated by
the State of California as a Type 9 Cannabis license.
"Cannabis distribution distributor" purchases, sells, arranges for testing, conducts quality assurance review
of packaging and labeling, stores/warehouses and transports cannabis goods between medicinal licensees.
"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.
"Cannabis testing/lab" means a laboratory, facility, or entity in the state that offers or performs tests of
cannabis or cannabis products (either medicinal and adult use) as further defined in SRMC 10.96.040. This sort of
use is regulated by the State of California as a Type 8 Cannabis license.
"Caretaker's residence" means a dwelling unit on the site of a commercial, industrial, public or semi -public
use, occupied by a guard or caretaker.
"Carport" means a roofed structure providing space for the parking or storage of motor vehicles and
enclosed on not more than two (2) sides.
"Changeable copy sign" means a sign which, in part or whole, provides for periodic changes in the sign copy.
Examples include signs for an auditorium, theater, church, meeting hall or similar use having changing programs or
events, but do not include electronic reader board signs. Signs on which the only change is a periodic price change
for the product or products customarily sold on premises and on which the location, size and color of the numbers
remain constant are not considered changeable copy signs.
"City" means the City of San Rafael.
"Clinic" means a place where patients are studied or treated by physicians specializing in various ailments
and practicing as a group; the dispensary or outpatient department of a hospital or medical school, where patients
are treated free or for a small fee; a place where a group of physicians are available for extended hours, on a drop -
in basis with no regular patients.
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"Club" means a nonprofit association of persons, whether incorporated or unincorporated, organized to
pursue common goals, interests or activities, but not including a group organized solely or primarily to render a
service customarily carried on as a business.
"Cluster" means a development technique that concentrates buildings in specific areas on the site to allow
the remaining land to be used for recreation, common open space and/or preservation of environmentally
sensitive features.
"Cocktail lounge" means a use providing preparation and retail sale of alcoholic beverages, on a licensed "on -
sale" basis, for consumption on the premises, including taverns, bars and similar establishments where food
service is subordinate or accessory to the sale of alcoholic beverages. Cocktail lounge does not include a full service
alcohol or beer and wine bar that is established and operated as an accessory use within a full -service restaurant,
provided that the bar is integrated within and open to the main dining area, and operating during the same hours
as the primary food service use.
"Coin-operated amusement device" means a machine which, upon the insertion of a coin or similar, operates
or may be operated for use as a game, contest or amusement of any description, or which may be used for any
such game, contest or amusement, and which contains no automatic payoff device for the return of money, coins,
tokens or merchandise.
"Co-location" means the location of two (2) or more wireless communication facilities on a single support
structure or otherwise sharing a common location. Co-location shall also include the location of wireless
communication facilities with other types of preexisting structures, including, but not limited to, water tanks, light
standards, outbuildings and other utility facilities and structures.
"Community development director" means the head of the community development department and is
synonymous with "planning director," as used in this code.
"Community garden" means any piece of land gardened by a group of people, utilizing either individual or
shared plots on private or public land. The land may produce fruit, vegetables, and/or ornamentals. Community
gardens may be found in neighborhoods, schools, connected to institutions such as hospitals, and on residential
housing grounds subject to defined standards, as specified in Section 14.16.286 of this title. A community garden
shall be operated by a public entity or non-profit organization.
"Contractor's yard" means a use providing storage of equipment, materials and vehicles for contractors who
are in trades involving construction activities which include, but are not limited to, plumbing, painting, electrical,
roofing and carpentry, including incidental services and offices. Contractor's storage yards may include the
maintenance and outdoor storage of large construction equipment such as earthmoving equipment, cranes and
outdoor storage of building materials.
"Convenience store" means a sales establishment occupying a public retail sales area of generally up to five
thousand (5,000) gross square feet, for purpose of selling prepackaged food and beverage products and other
retail merchandise oriented to convenience and travelers' shopping needs. Convenience stores are distinguishable
from "grocery stores and supermarkets" in that they carry a limited range of items and are typically contained in a
smaller retail space (generally, less than five thousand (5,000) gross square feet). See "mini-market" definition for
a retail store operated in conjunction with a gasoline station with a retail sales area that is less than one thousand
(1,000) gross square feet in size.
"Creek" means a perennial, intermittent or ephemeral open watercourse, which has a defined bed and bank
and connect to other water bodies, as shown on the San Rafael General Plan watershed and creeks map. Creek
also includes unmapped tributaries to the bay to the point at which they have a defined bed and bank. Creek is
distinguishable from a "drainageway."
"Cut" means a portion of land surface or area from which earth has been removed or will be removed by
excavation; the depth below the original ground surface or excavated.
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"Day care facility" means an existing or proposed building, equipment and any accessory structures in which
there are programs and personnel licensed by the state for direct child or adult care services, including, but not
limited to, shelter, food, education and play opportunities, for fewer than twenty -four (24) hours per day. There
are three (3) basic types or designations of child or adult care facilities:
1. Family day care home, small (a dwelling unit licensed for the care of eight (8) or fewer children or
adults), or as otherwise defined by state law;
2. Family day care home, large (a dwelling unit licensed for the care of nine (9) to fourteen (14) children
or adults), or as otherwise defined by state law;
3. Day care center (a facility licensed for the care of more than fourteen (14) children or adults).
"Day services center" means a program which provides a wide variety of counseling, referrals, and other
nonmedical, nonresidential services daily to more than twelve (12) persons.
"Deck" means a platform requiring ground supports which is roofless and not enclosed, and which is
commonly used for recreation purposes.
"Density bonus" means concessions or incentives for additional housing density beyond such regulations
contained for residential development within the San Rafael Municipal Code or the San Rafael general plan, for
projects that are consistent with the requirements of Government Code Section 65915 and/or Section
14.16.030(H)(1) of the San Rafael Municipal Code.
“Design professional” see definition in San Rafael Municipal Code Section 2.16.040.
"Development" or "development project" means any subdivision, other division of land or condominium
conversion; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any
structure; any mining, excavation, landfill or land disturbance; and any change in use or extension of the use of
land.
"Directional sign" means any sign, which is designed and erected solely for the purpose of traffic or
pedestrian direction and which is placed on the property to provide direction to the public. Such a sign contains no
advertising copy.
"Directory sign" means an identification sign listing the tenants of a building, or the bulletin board of a public,
charitable, religious, or fraternal institution used to display announcements relative to meetings and activities to
be held on the premises and/or displaying the names of the officers of the organization.
"Discount store" means a building or group of buildings typically providing regional market -base discount
sales of retail items.
"Dispensary" means a storefront or facility where cannabis, cannabis products, or devices for the use of
cannabis or cannabis products are offered, either individually or in any combination, for retail sale.
"Displaced person" means any person: (1) who lawfully occupies rental property as a primary place of
residence; (2) whose continued occupancy of the rental property would be inconsistent with a proposed
development project; and (3) whose tenancy is terminated by the owner, whether by the owner's termination of
the lease or tenancy or the owner's refusal to renew the lease or tenancy, unless the tenancy is terminated
because of a default under the lease by the tenant.
"Distribution" means a use engaged primarily in delivery of manufactured products, supplies and equipment,
including incidental storage and sales activities.
"Double-faced sign" means a sign consisting of two (2) sign faces, which are placed back-to-back, so that only
one sign face is visible from any one location.
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"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:
"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.
"Drainageway" means:
(1) An open swale or localized depression that lacks defined banks, 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."
"Driveway" means a private roadway providing vehicular access to dwelling(s), structure(s) or parking spaces.
"Dwelling unit" means one or more rooms designed, occupied or intended for occupancy as separate living
quarters for the exclusive use of one household, with a kitchen, sleeping facilities, and sanitary facilities.
Dwelling unit, second. "Second dwelling unit" means an additional, separate dwelling unit meeting defined
standards, as specified in Section 14.16.285 of this title, and located on the same lot as a single-family dwelling
within a residential district.
"Egress" means an exit.
Emergency shelter for the homeless, permanent. "Permanent emergency shelter for the homeless" means a
permanent residential facility operated by a provider which provides emergency housing or temporary
accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the
standards for shelters contained in this title. A facility under this section does not include temporary shelter
provided by general relief in the wake of a disaster where assistance by the American Red Cro ss and/or federal
disaster relief is provided.
Emergency shelter for the homeless, temporary or rotating. "Temporary or rotating emergency shelter for
the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized
to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter
provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal
disaster relief is provided.
"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 (6) months or less
by a homeless person. No individual or household may be denied emergency shelter because of inability to pay.
Entertainment, live. See "Live entertainment."
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"Equipment cabinet" means a cabinet, structure, or building used to house equipment associated with a
wireless communication facility.
"Equivalent alternative action" means actions performed by a developer that the city council, in its sole
discretion, determines will further the affordable housing goals of the city to an equal or greater extent than
compliance with the requirements herein.
"Excavation" means removal or recovery by any means whatsoever of soil, rock, minerals, mineral
substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or
beneath the land surface, whether exposed or su bmerged.
Family day care, large. See "Day care facility."
Family day care, small. See "Day care facility."
"Fast food restaurant" means a facility which specializes in rapidly prepared foods and beverages, served
with dispensable (such as paper or plastic) plates and utensils for on - or off-site consumption. Table service is
generally limited to delivery of counter-ordered meals and busing. Service to persons in vehicles may be a function
of fast food restaurants. Fast food restaurants have high customer volume and high traffic generation, plus one or
more of the following elements:
1. Drive-through service;
2. Late/early hours of operation (open after eleven p.m. (11:00 p.m.) or before six a.m. (6:00 a.m.));
3. Potential litter problems;
4. Noise (for example, from drive-through intercoms);
5. Potential outdoor gathering places.
"Federal Communication Commission (FCC)" is an independent United States government agency
responsible for the regulation of interstate and international communications by radio, television, wire, satellite
and cable.
"Fence" means an artificially constructed barrier of any material or combination of materials serving to
enclose or screen areas of land.
"Fill" means earth or any other substance or material, including pilings, placed or deposited by humans.
"Financial services" see "Banks and financial services"
"Firearms dealer" means any person licensed to sell, lease or transfer firearms pursuant to California Penal
Code Section 12071(a)(1).
"Fitness/recreation facility" means facilities providing equipment and areas for exercise, training, recreation
and classes for individuals, groups or both. Examples of these facilities include, but are not limited to: health clubs,
gymnasiums, indoor sports facilities, rock climbing facilities, etc. These facilities are primarily drop -in facilities, and
may include accessory instructional uses. See "School, specialized education and training" definition for uses
primarily involving instructional or educational training.
"Flashing sign" means any sign which is perceived as an intermittent or flashing light. Time and temperature
signs are excluded from the category of flashing signs.
"Floor area ratio (FAR)" means the total building square footage (gross floor area) divided by the land area,
as further defined in Section 14.16.150, Floor area ratios applicable to nonresidential development.
"Food service establishment" means a business serving food and/or beverages such as a restaurant, café,
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.
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Food service establishment, high volume. "High volume food service establishment" means a food service
establishment over one thousand (1,000) square feet in size which serves more than two hundred (200) lunches
daily or equivalent volume at other mealtimes.
"Fortunetelling" means the telling of fortunes, forecasting of future events or furnishing of any information
not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty
or force.
"Fractional unit" occurs when the required percentage of affordable housing units results in less than one
unit or a combination of affordable housing units and less than one full unit. For example: total number of new
units twelve (12) multiplied by the required affordable housing units fifteen percent (15%) results in one full unit
and a .80 fractional unit or eighty percent (80%) of a full unit.
"Freestanding sign" means any sign that is designed and constructed as a stand alone structure, which is self -
supporting on the ground, not affixed to or attached to a building. Types of freestanding signs include pole or
pylon signs and monument signs.
"Frontage, business or use" means the front face or front elevation of a building containing a single business
or use that is most parallel to and fronts on a public street, public right -of-way, public parking lot or public parking
garage. Frontage width is measured in linear feet.
"Game arcade" means a use with five (5) or more coin -operated amusement devices.
"Garage" means a building or structure, or part thereof, used or intended to be used for the parking and
storage of vehicles. Includes public and commercial parking facilities. See also "Carport."
"Gasoline station" means a facility which dispenses automotive fuel to the general public.
"Grade" means the point of elevation as determined by the methods prescribed in the latest edition of the
Uniform Building Code adopted by the city.
"Grading" means any cutting or excavation, filling or combination thereof.
"Grocery store and supermarket" means a retail business where the majority of the floor area that is open
and accessible to the public is occupied by produce, food and beverage products, and household items that are
packaged for preparation and consumption for daily living needs. Grocery stores and supermarkets are
distinguished from "convenience stores" in that they typically contain a retail floor area greater than ten thousand
(10,000) gross square feet. Smaller grocery stores may occupy a retail floor a rea between five thousand (5,000)
and ten thousand (10,000) gross square feet. Supermarkets generally offer a greater variety of products and
household items, and may also include accessory uses within the retail sales area including, but not limited to, a
pharmacy, café, or financial services.
Gross building square footage, hillside areas. "Hillside areas gross building square footage" means the sum of
all enclosed or covered areas of each floor or all structures on the site, measured to the exterior of the enclosing
walls, columns or posts including basement areas, unfinished attic or loft spaces and other areas capable of being
finished into habitable space as determined by the California Building Code; garages and carport areas six feet (6')
or more above the natural grade, measured to the ext erior face of surrounding walls, column, or posts; other roofs
or covered areas supported by walls, columns or posts and capable of being enclosed, measured to the exterior
face of surrounding walls, columns or posts; roof penthouses; and accessory structu res greater than one hundred
twenty (120) square feet in floor area. Excluded are areas permanently open to the sky; exterior areas under roof
eaves, trellises or cantilevered overhangs and attic spaces and underfloor spaces that are not capable of being
finished into habitable space.
"Gun shop" means an establishment or person engaged in the sale, lease or transfer of firearms pursuant to
California Penal Code Section 12071(a)(1).
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"Handicapped" means a person with a physical or mental impairment which substantially limits one or more
of such person's major life activities, a record of having such an impairment or being regarded as having such an
impairment, but such term does not include current illegal use of or addiction to a controlled substance (as defined
in Section 102 of the Controlled Substances Act (21 U.S.C. 802) as defined in Title VIII of the Civil Rights Act of 1968,
as amended by the Fair Housing Amendments Act of 1988).
"Height, 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.
"Height, hillside" means the height of all structures, fences and walls 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 any given point. See illustration below.
"Height, non-hillside " means the vertical distance above a reference datum measured to
1) The highest point of the coping of a flat roof or to the deck line of a mansard roof or
2) To the average height of the highest pitched 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 ten
(10) feet 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 ten (10) feet higher than the lowest grade when the highest adjoining sidewalk or ground
surface described in Item 1 above is more than ten (10) feet above lowest grade (see Figure 2B).
The height of a stepped or terraced building may be determined based on the existing grade condition at
each distinctive building segment, as determined by the community development director.
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"High top of creek bank" means the side of a creek, the top of which shall be the topographic line roughly
parallel to the creek centerline, where the side slopes intersect the plane of the ground traversed by the creek.
Where the banks do not distinguishably end, the surrounding country being an extension of the banks, the top of
such banks shall be determined by the planning director.
"Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit,
carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section
14.16.220, Home occupations, but not including those facilities defined as short-term rentals in Section 14.03.030
of this Code.
"Hospital" means a facility providing medical, psychiatric or surgical services for sick or injured persons
primarily on an in-patient basis, including facilities for out-patient and emergency treatment, diagnostic services,
training, research and administration, and services to patients, employees or visitors.
"Hotel" means any building or portion thereof designed for compensation, primarily for the accommodation
of transient travelers, with eating, drinking, banquet and recreational facilities related to the hotel use, but not
including those facilities defined as residential care facilities.
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"Household" means one or more persons, whether or not related by blood, marriage or adoption, jointly
occupying a dwelling unit in a living arrangement characterized by the sharing of common living areas, including
area and facilities for food preparation. Indicia of a separate household include, but are not limited to, one (1) or
more of the following: a separate exterior entrance, a separate address, a separate mail box designation, a
separate utility service or meter, a separate cable television line, an d the existence of a rental advertisement for
the separate living quarters immediately preceding their occupancy.
"Identification sign" means a sign which serves to identify only the name, address and lawful use of the
occupant, business or use upon which the sign is located, and which may include the emblem or insignia when
used by an organization.
"Improvement" means the construction, alteration and repair of all buildings, structures and facilities
permanently affixed to real property and appurtenances thereto.
"Informational sign" means a sign which is designed and erected solely for the purpose of communicating
information for the safety or convenience of the public. Examples of such signs include no smoking, restrooms or
telephone.
"Ingress" means access or entry.
"JADU" see definition for "Junior Accessory Dwelling Unit."
"Junior accessory dwelling unit" ("JADU") means an accessory dwelling unit that is no more than five
hundred (500) square feet in size and contained entirely within the walls of a proposed or existing single-family
residential space and meets the additional standards provided in section 14.16.285 C.2.
"Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section
14.16.225).
"Kitchen" means any portion of a structure equipped, used or intended to be used for the storage,
preparation, and cooking of foods with proximal arrangement of two (2) or more of the following: (a) sink (other
than that associated with a bathroom), (b) food storage and preparation areas, (c) refrigerator, or (d) cooking
appliances including a stove, microwave oven, convection oven, cooking burners or similar appliances. The storage
of food in a pantry, freezer or refrigerator located in any area of the structure shall not, by itself, classify such area
of the structure as a kitchen.
"Laboratories" means establishments providing medical or dental laboratory services or establishments
providing photographic, analytical, or testing services.
"Landscaping" means an area devoted to or developed and maintained with native or exotic plantings
including lawn, ground cover, gardens, trees, shrubs or other plant materials; as well as entry areas, courtyards
and similar with decorative outdoor landscape elements such as pools, fountains, sculpture, seating and paved or
decorated surfaces (excluding driveways, parking, loading, storage areas and sidewalks outside of the entry,
courtyard or large planted areas).
"Level of service (LOS)" means a standard qualitative circulation measure describing traffic-operating
conditions in terms of speed and travel time, freedom to maneuver, traffic interruptions, comfort and
convenience, and safety. Six (6) levels of service are defined, from LOS A, representing the best operating
conditions, to LOS F, representing the worst.
"Live entertainment" includes the following activities where they occur as part of a commercial use three (3)
or more times during a calendar year:
1. Bands, dance bands or disc jockeys;
2. Performances (comedy, music, theatrical, dance) by one or more persons, regardless of whether
performers are compensated.
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A single performer, such as a singer or pianist providing background music (without billing or advertisement)
at a restaurant or bar is exempt from this definition.
"Live/work quarters" means an area comprised of one or more rooms that accommodates joint work activity
and residential occupancy, and which includes residential occupancy and work activity, and which includes: (1)
working space reserved for and regularly used by one or more of the persons residing therein, and (2) cooking,
sleeping and sanitary facilities. All living spaces shall be contiguous with and made an integral part of the working
space with direct access between living and working areas.
"Loading space" means an off-street space or berth used for the loading or unloading of commercial vehicles.
Lodges. See "Clubs."
"Lot" means a specific area of land, the boundaries of which have been established according to the legal
requirements in effect at the time the lot was created or which has been issued a certificate of compliance.
"Lot area" means the area of the property within the property boundaries as described in the recorded grant
deed including any easements, and unaccepted offers and dedications of rights -of-way. Consistent with Section
15.06.030 (subdivision design standards), the panhandle portion of a flag lot that is primarily used and intended for
access shall not be included in lot area for purposes of development and application of development standards.
"Lot 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 grade.
"Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear
lot line, or to the most distant point on any other lot line where there is no rear lot line.
"Lot line", see "Property line."
"Lot width" means lot area divided by lot depth.
Lot, corner. "Corner lot" means a lot bounded on two (2) or adjacent sides by street lines, providing that the
angle of intersection does not exceed one hundred thirty-five degrees (135º).
"Lot, panhandle/flag" means a lot that is served by a narrow strip of land that is primarily intended and used
for gaining access to a major portion of the lot or parcel. See Title 15, subdivisions, for regulations addressing the
formation of a flag or panhandle lot.
Lot, reverse corner. "Reverse corner lot" means a corner lot, where the rear yard of a lot is adjacent to the
side yard of an adjoining lot.
Lounge, cocktail. See "Cocktail lounge."
Low income. See "Affordable housing."
"Low income household" means households earning less than eighty percent (80%) of county median income
according to the latest Federal Housing and Urban Development Department income limits table (or similar table
provided by the Marin Housing Authority), or as otherwise defined by resolution of the city council.
"Mansard sign" means any sign attached to or supported by a sloped roof element such as a mansard or
gable.
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"Manufactured home" means a single-family detached structure that is manufactured under the authority of
42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall
include structures known as manufactured homes or mobile homes.
"Marina" means a facility for storing, servicing, fueling, berthing and securing and launching of private
pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat
owners, crews and guests.
"Market rate housing units" means dwelling units in a residential or mixed -use project that are not
affordable housing units.
"Marquee sign" means any sign that is on top, attached to the face of or suspended below a marquee,
canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the
building.
"Massage" and/or "bodywork" means the skillful application of touch, including, but not limited to, pressure,
stroking, kneading, compression on, or movement of the external surfaces of the body by a practitioner to produce
increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation.
"Massage and/or bodywork office or establishment" means any establishment having a fixed place of
business, vehicle or vessel, where any person engages in, conducts, carries on, or permits to be engaged in,
conducted, or carried on as regular functions any massage and/or bodywork activities as defined above. Any
establishment engaging in or carrying on, or permitting any combination of massage and/or bodywork shall be
deemed a massage and/or bodywork office or establishment.
"Massage and/or bodywork practitioner" means any individual who, for any consideration whatsoever,
engages in the practice of massage and/or bodywork, whether or not employed on the premises of a massage
and/or bodywork office or establishment or acting as an independent contractor or as an owner.
"Median income" means the median household income for the San Francisco Primary Metropolitan
Statistical Area (PMSA)—comprised of San Francisco County, San Mateo County and Marin County —as published
by the United States Department of Housing and Urban Development (HUD), Office of Economic Affairs, Economic
and Market Analysis Division, with adjustments for smaller or larger households made according to HUD's standard
adjustment factors for household size, or as otherwise defined by resolution of the city co uncil.
"Medical cannabis" or "medicinal cannabis" means cannabis or a cannabis product, respectively, intended to
be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), as further defined by SRMC
10.96.040.
Medical office. See "Office, medical."
"Mini-market" means a retail sales establishment operated in conjunction with a gasoline station, occupying
a retail sales area open to the public between one hundred (100) square feet and one thousand (1,000) square
feet, for the purpose of selling prepackaged food, beverages and similar small convenience items to gasoline
station customers.
"Mixed-use project" means a development in which more than one use is combined in a single building or on
a single site.
"Mobile home" means a structure, transportable in one or more sections, with or without a permanent
foundation, designed to be used as a dwelling unit and connected to the required utilities. A mobile home does not
include a recreational vehicle, motor coach, trailer coach or travel trailer.
"Mobile home lot" means a plot of land for placement of a single mobile home within a mobile home park; a
mobile home pad.
"Mobile home park" means a residential facility with two (2) or more mobile home lots available for rent,
lease or purchase, and providing services and facilities for the residents.
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"Moderate income household" means a household with total gross annual earnings of less than one hundred
twenty percent (120%) of median income as defined in this section.
"Monument sign" means a freestanding sign that is supported by a solid base or foundation rather than a
pole or post.
"Motel." See "Hotel."
"Motor vehicle repairs and maintenance" means the repair, alteration, restoration, towing, painting, cleaning
or finishing of vehicles as a primary use including the incidental wholesale and retail sale of vehicle parts as an
accessory use. This use is distinguished by two (2) categories: major repair of vehicles, which includes, but is not
limited to, facilities providing major engine work, body work, and vehicle painting; and facilities providing minor
repair and maintenance, which includes, but is not limited to, tune-ups, replacement and repair of brakes,
batteries, tires, mufflers, and upholstery.
"Multiple copy sign" means a sign which advertises more than one business or use and the principal product
or service.
"Multi-tenant sign" means a sign, which displays a list of multiple tenants, businesses or uses in one or more
buildings located on one site.
"Mural" means a large painting that is executed directly on or permanently affixed to the surface of a wall
depicting, among others, a scene or art.
"Mural sign" means a mural that depicts or includes written script, logo or art that is intended to display or
advertise the sale of goods or services shall be considered a sign, subject to the provisions of Chapter 14.19, Signs.
"Nameplate" means a sign containing either or both the name of the occupant or building and the address of
the site.
"Natural state" means all portions of lots that remain undeveloped and undisturbed. Grading, excavating,
filling and/or the construction roadways, driveways, parking areas and structures are prohibited. Incidental minor
grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting and landscaping which enhances
the natural environment are permitted when approved through an environmental and design review permit.
Needed neighborhood-serving use. For the purposes of bonus trip allocations, "needed neighborhood-
serving uses" consist of those needed service uses identified in a neighborhood plan, the general plan or as
determined by resolution of the planning commission and/or city council.
"Nonconforming structure" means a structure or building, the size, dimensions or location of which was
lawful prior to the adoption of this title or any subsequent revision or amendment, but which fails by reason of
such adoption, revision or amendment to conform to the present requirements of the zoning district.
"Nonconforming use" means a use or activity which was lawful prior to the adoption of this title, or any
subsequent revision or amendment of this zoning ordinance, but which fails by reason of such adoption, revision
or amendment to conform to the present requirements of the zoning district.
"Office, administrative" means an office-type facility used for administrative purposes, and/or occupied by a
business engaged in the production of intellectual property. Examples of these uses include, but are not limited to,
advertising agencies, commercial art and design services, construction contractors (office facilities only), design
services including architecture, engineering, landscape architecture, urban planning, educational, scientific and
research organizations, media postproduction services, news services, photography studios, and writers' and
artists' offices.
"Office, business" means an establishment providing direct services to consumers. Examples of these uses
include, but are not limited to, employment agencies, insurance agent offices (small -scale customer service offices,
not administrative), real estate offices, travel agencies, utility company payment offices (not administrative). This
use does not include banks and financial services, which are separately defined.
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Office, general. "General office" means a use providing administrative, professional or business services.
Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental
health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office
use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors,
dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists,
acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such
practice by the state of California. Medical office uses typically require use of specialized medical equipment and
medical training to evaluate, diagnose and administer treatments, medication or therap ies 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."
"Office, professional" means an office-type facility occupied by a business providing professional services.
Examples of these uses include, but are not limited to, accounting, auditing and bookkeeping services, attorneys,
counseling services, court reporting services, detective agencies and similar services, financial management and
investment counseling, literary and talent agencies, management and public relations services, psychologists,
secretarial, stenographic, word processing and temporary clerical employee services.
"Official sign" means a sign required by a governmental body that is to discharge its legally required
functions.
"On-site" means located on the lot that is the subject of an application for development.
"Open space" means any lot or area of land or water essentially unimproved and set aside, dedicated,
designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and
occupants of land adjoining or neighboring such o pen space.
"Open water" means submerged lands lying below 4.5 NGVD (mean sea level datum) and/or as shown on the
San Rafael zoning map.
"Outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment.
"Outdoor storage" means the keeping in an unroofed area of any goods, junk, material, merchandise or
vehicles in the same place for more than twenty-four (24) hours.
"Overhang" means the part of a roof or wall which extends beyond the facade of a lower wall.
"Owner or operator" (also "provider or service provider") means the person, entity or agency primarily
responsible for installation and maintenance of a wireless communication facility, which may or may not be the
same person or entity which is the owner of the property on which the facility is located.
"P.M. peak hour trip" means the number of vehicular traffic movements entering and exiting a site during
the highest volume consecutive sixty (60) minutes in the p.m. peak period from four p.m. (4:00 p.m.) to six p.m.
(6:00 p.m.) on the local street system.
Parcel. See "Lot."
"Parking access" means the area of a parking lot that allows motor vehicles ingress and egress from the
street.
"Parking area" means any public or private land area designed and used for parking motor vehicles,
including, but not limited to, parking lots and garages.
Parking facility. See "Parking area."
"Parking lot" means an off-street, ground level area, usually surfaced and improved, for the temporary
storage of motor vehicles.
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"Parking space" means a space for the parking of a motor vehicle within a public or private parking area.
"Pedestrian-oriented design" means design qualities and elements that contribute to an active, inviting
street-level environment, making the area a safe and attractive place for pedestrians.
"Performance standards" mean a set of criteria or limits relating to nuisance elements which a particular use
or process may not exceed.
"Personal service" means provision of service of a personal nature. This classification includes, but is not
limited to, barber and beauty shops, nail/manicure shops, dry cleaners, tailors, shoe repair shops, cosmetologist,
skin-care consultant, esthetician, massage/bodywork and acupressure.
"Planning director" is synonymous with "community development director," as used in this Code.
"Pole or pylon sign" means a freestanding sign that is supported by a pole or post.
"Poolhall" means any use with two (2) or more billiard tables.
"Portable sign" means a sign that is constructed or designed to roll, slide or be moved from one location to
another. Examples of portable signs include, but are not limited to, an A -frame sign and an I-frame sign.
"Private yard area" means a usable outdoor area adjoining a unit and intended for the private enjoyment of
the occupants of the unit. Private yard area shall be defined such that its boundaries are evident. Private yard area
may include balconies, decks, patios or porches.
Project. See "Development."
"Projecting or blade sign" means any sign, which projects from the face of a building and is supported by
brackets, a projecting post or frame that is anchored to the building face. A blade sign is a small projecting sign.
"Property line" means the recorded boundary of a lot or parcel of land. When two (2) property lines meet or
join at an angle that is greater than one hundred thirty (130) degrees, they are considered the same property line
for the purpose of defining one (1) yard area and determining required yard setbacks.
"Public access" means permanent pedestrian, bicycle and/or vehicular access in or adjacent to natural
amenities for study or enjoyment.
"Public improvement" means any improvement, facility or service together with its associated public site or
right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential
services.
Recreation facility. "Recreational facilities" may include, but are not limited to, community centers,
swimming or wading pools, spas, court facilities (such as tennis, basketball, or volleyball), picnic or barbecue areas
and enclosed tot lot facilities with play equipment.
"Related equipment" means all equipment ancillary to the transmission and reception of any signal via radio
frequencies. Such equipment may include, but is not limited to, cable, guy wires, conduit, conductors and power
lines and their supporting poles associated with a wireless communication facility.
"Religious institution" means a use located in a permanent building and providing regular or organized
religious worship and religious education incidental thereto, but excluding a private educational facility. A property
tax exemption obtained, pursuant to the Constitution of the State of California and of the Revenue of Taxation
Code of the State of California, shall constitute prima facie evidence that such use is a religious institution as
defined herein. Religious institution includes a seminary, retreat, monastery and conference center of similar use
for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private
educational facility.
"Relocation assistance" means the provision of rental assistance to low-income residential unit tenants that
are: a) required to vacate a dwelling unit due to unit renovation, conversion or demolition proposed in conjunction
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with a development project or property improvements; and b) permanently displaced from the premises by a
landlord or property owner, where the tenant is required to seek and secure new housing. A permanently
displaced resident qualifying for relocation assistance shall be a tenant of record listed either on a current lease or
rental agreement that meets the County of Marin criteria as a low-income household. Relocation assistance is
administered under Section 14.16.279 of this Title.
"Research and development facility" means a use engaged in study, testing, design and analysis, and
experimental development of products, processes or services, including incidental manufacturing of products or
provision of service to others.
"Research and development industry" means establishments primarily engaged in the research,
development and controlled production of high-technology electronic, industrial or scientific products or
commodities for sale, but prohibits uses that may be objectionable in the opinion of the hearing body, by reason of
production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes
biotechnology firms, and manufacturing of nontoxic computer components.
"Research and development services" mean establishments primarily engaged in industrial or scientific
research, including limited product testing. Includes electron research firms or pharmaceutical research
laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.
Residential care facility, large. "Large residential care facility" means a dwelling unit licensed by the state to
serve seven (7) or more clients, which provides twenty-four (24) hour nonmedical care of persons in need of
personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection
of the individual.
Residential care facility, small. "Small residential care facility" means a dwelling unit licensed by the state to
serve six (6) or fewer clients which provides twenty-four (24) hour nonmedical care of persons in need of personal
services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the
individual.
"Residential development project" means a project for the construction or placement of a dwelling unit or an
accessory dwelling unit, manufactured home, or a mixed-use development as defined in this section or the
subdivision of land for a residential development project or a mixed use project.
"Residential, duplex" means one (1) structure on a single lot containing two (2) dwelling units, each of which
is functionally separate from the other. This definition includes use of a duplex unit(s) as a household for
"transitional housing" and "supportive housing" as defined under the State Health and Safety Code.
"Residential, multifamily" means medium and high density residential development, including a "transitional
housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2
(and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures
located on a single parcel or common lot.
"Residential nameplate" means a plate of metal, glass, wood, etc., bearing a person's name, such as is often
placed on or near the door of a dwelling or mailbox.
"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 accessory dwelling unit as a household for "transitional housing" or "supportive housing" as
defined under the California Health and Safety Code.
"Retaining wall" means a wall that is constructed to hold back or support an earthen bank, slope or hillside.
Reverse corner lot. See "Lot, reverse corner."
"Ridgeline" means a line following the long axis of a ridge (e.g., a long, narrow, conspicuous elevation of
land) or knoll, comprised of the points of the highest ground elevation in locations that have been identified on the
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ridgeline map (aka, "City of San Rafael Ridgeline Map" on file with the planning division). For purposes of review
under the -H hillside overlay zoning regulations, a "visually significant ridgeline" shall include the area within one
hundred (100) vertical feet of a ridgeline as identified on the San Rafael Ridgeline Map and located within "visually
significant hillside, ridges and landforms areas" as designated on the community design map exhibit of the general
plan.
"Riparian" means vegetation which is located adjacent to a watercourse or drainageway.
"Roof signs" mean any sign erected upon or above a roof or parapet wall of a building or placed above the
apparent flat roof or eaves of a building or the top of a mansard roof.
Rooming house. See "Boarding house."
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use
of which meets state requirements of primary, secondary or higher education and which does not secure the
major part of its funding from any governmental agency.
"SB 9 housing development" means a development in compliance with the provisions of SB 9 HOME Act of
SRMC Section 14.16.282 that contains no more than two (2) primary dwelling units.
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use
of which meets state requirements of primary, secondary or higher education and which does not secure the
major part of its funding from any governmental agency.
"School, specialized education and training" means private school uses offering instruction in areas such as,
but not limited to, art, business trade, dance, computers and electronics, drama, driver's education, language,
music, performing arts, sports (e.g., individual or group golf or baseball, etc.) or vocational trades. Does not include
preschools and child day care facilities (see "day care centers").
"Seasonal outdoor eating area" means any outdoor eating area used in conjunction with a food service
establishment which is operated only during the months of March through November. Seasonal outdoor eating
areas shall have only temporary, movable perimeter barriers, fixtures and sunshades.
"Senior housing" means residential development designed for households occupied by senior citizens. Any
age restrictions must be consistent with federal and state requirements. Such development may include central
recreation areas and accessory medical facilities.
"Service provider" means any authorized provider or carrier of wireless communications services.
"Setback" means the distance between the property line and the exterior wall of a structure, excluding
architectural features and other structures referenced in Section 14.16.130 of this title. Building setbacks are
measured from established lot lines, irrespective of location of easements. See also definition for "yard".
"Shopping center" means a group of commercial establishments, planned, developed, owned or managed as
a unit, with off-street parking provided on the site.
"Shopping mall" means an enclosed group of commercial establishments, planned, owned or managed as a
unit, with covered, common-gathering areas and off-street parking provided on the site.
"Short-term rental" means the rental of all or a portion of a dwelling unit for less than thirty (30) days
consecutive tenancy.
"Sign" means any medium for visual communication, which is used or intended to be used to attract
attention to a location, use, or subject matter for advertising, instruction, information or identification purposes.
Seasonal decorations, such as holiday greetings and displays that do not include advertising, are not defined as a
sign and are not subject to the provisions of this chapter.
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"Sign program" means a program providing a coordinated signing plan for one (1) or more businesses or uses
located on one (1) site or several contiguous sites, which utilizes one (1) or more common elements such as color,
materials, lettering, illumination, sign type and sign shape.
Single-room occupancy development. See "boarding house."
"Site" means a lot or lots used as a unit for the development of a project which may consist of one (1) or
more buildings.
Slope, average. The average slope of a parcel shall be calculated using the following formula:
S=
Where S is the average percent of slope; .00229 is the conversion factor for square feet; I is the interval in feet; L is
the summation of length of the contour lines in scale feet; and, A is the area of the parcel in acres.
"Small lot" means a legally subdivided lot in a given zone which is smaller in width and/or area than
minimum requirements now required in the given zone.
"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.
"Small wireless facility" means a small wireless facility as defined by the FCC and that meets the following
requirements:
A. Meet one (1) of the following mounting requirements:
1. Are mounted on structures fifty feet (50′) or less in height including their antennas as defined in
Section 1.1320(d), or
2. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures,
or
3. Do not extend existing structures on which they are located to a height of more than fifty feet
(50′) or by more than ten percent (10%), whichever is greater;
B. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in
the definition of antenna in Section 1.1320(d)), is no more than three (3) cubic feet in volume;
C. All other wireless equipment associated with the structure, including the wireless equipment
associated with the antenna and any pre-existing associated equipment on the structure, is no more
than twenty-eight (28) cubic feet in volume.
Antenna equipment, means equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a
structure, is mounted or installed at the same time as such antenna.
"Specialty retail" means stores which sell nonconvenience goods needed on an infrequent basis. Specialty
retail may have a more limited focus in specific zoning districts, consistent with the purposes of each district.
Specialty retail, bulk. "Bulk specialty retail" means the sale of large, major purchase, nonconvenience items.
Examples of specialty retail involving bulk retail goods include, but are not limited to, the following: appliance
stores; motor vehicle sales, new or used; furniture stores; spa/hot tub sales.
"Specialty retail, consistent with industrial uses" mean the retail sales of items which are related, supportive
or complimentary to industrial uses. Examples include, but are not limited to, sales of the following: auto parts and
supplies; building materials and supplies; motor vehicles, new or used.
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"Specialty retail, consistent with office uses" mean the retail sales of items which are related, supportive or
complimentary to office uses. Examples include, but are not limited to, sales of the following: computers; office
furniture (sales or rentals); office supply and business machine shops.
Specialty retail, region-serving. "Region-serving specialty retail" means those retail uses which have a
regional, rather than local or neighborhood, market base. These types of uses are generally high tax revenue
generators and more than fifty thousand (50,000) square feet in size. Examples include, but are not limited to, the
following: discount stores, large scale; furniture stores; home improvement stores; motor vehicle sales, new.
"Stealth design" means a wireless communication facility design that blends in with the surrounding
environment by means of screening, concealment or camouflage.
"Story" means any floor having its finished floor surface entirely above grade and at least six (6) feet in
height; or any floor that is partially below grade and where the finished surface of the floor above it is at least six
(6) feet above the lowest grade:
"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 seven feet (7′); retaining walls four feet (4′) or less in height; in-ground swimming pools; and
improvements built at-grade such as parking lots and access drives or walks.
Structure, accessory. See "Accessory structure."
"Subdivision or neighborhood identification sign" means a sign containing the name of a subdivision,
development or neighborhood.
"Subterranean" means a structure, improvement or building floor level that is constructed entirely below
ground with all points to the top of the structure or floor level being situated entirely below natural and finished
grade; exclusive of any excavations made to provide required ingress or egress.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population
(i.e., adults with low-income having one (1) or more disabilities including mental illness, HIV or AIDS, substance
abuse or other chronic health conditions, or individuals eligible for services provided under the Lanterman
Development Disabilities Services Act Division 4.5, commencing with Section 4500 of the Welfare and Institutions
Code and may include, among other populations, families with children, elderly persons, young adults aging out of
the foster care system, individuals exiting institutional settings, veterans, or homeless people) and that is linked to
on- or off-site services that assist the supportive housing residents in retaining the h ousing, improving his or her
health status, and maximizing his or her ability to live and, when possible, work in the community.
"Taxi station" means taxi headquarters with administrative and/or dispatch offices and taxicab parking and
storage.
"Temporary window sign" means any temporary sign painted on a window or constructed of paper, cloth or
other light material and attached to the window, or located within three feet (3′) of the interior side of the
window, and displayed so as to call attention of persons outside of the building to a sale of merchandise or change
in the status of a business or use.
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"Tobacco retailer, significant" means a retail establishment that devotes twenty percent (20%) or more of its
sales or display area to, or derives seventy-five percent (75%) or more of its gross sales receipts from, the sale of
tobacco products and/or tobacco paraphernalia.
"Transitional housing" and "transitional housing development" means buildings configured as rental housing
developments, but operated under program requirements that call for the termination of assistance and
recirculation of the assisted units to another eligible program recipient at some predetermined future point in
time, which shall be no less than six (6) months.
"Transportation System Management (TSM)" means the use of incentives and/or disincentives by local
employers to assist in reducing the number of single-passenger auto commute trips and peak-hour trips by
increasing the use of carpools, vanpools, public transit, bicycles and walking, and through the use of flex-time.
"Usable outdoor area" means an area open to the sky with a slope less than ten percent (10%). The usable
outdoor area shall be a well-defined coherent space that is an integral component of the project design. Usable
outdoor area includes private yard areas and common areas suitable for passive and active recreation use. Such
areas may be located on the ground, roof, balcony, patio or terrace; and excludes minor decorative landscaping,
driveway areas, parking facilities, and utility or service area. Common usable outdoor area shall have a minimum
dimension of twelve feet (12′).
Diagram B for Section 14.03.030
USABLE OUTDOOR AREA
Vehicle, recreational. "Recreational vehicle" means a vehicle towed or self -propelled on its own chassis or
attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting
purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers,
camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers.
"Very-low income household" means a household with total gross annual earnings of less than fifty percent
(50%) of median income as defined in this section.
"Wall sign" means any sign painted on or attached parallel to the wall of a building and projecting not more
than twelve inches (12″) from the building face.
"Warehousing" means the commercial or industrial use of a building or buildings primarily for the storage of
goods or materials.
"Water-efficient landscape" means landscaping and irrigation that has been designed and installed to comply
with Marin Municipal Water District (MMWD) Ordinance No. 414, as adopted by reference in Section 14.16.370 of
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this Title. A water-efficient landscape is designed to conserve water usage by establishing and applying a
"maximum applied water allowance," which is the upper limit of annual applied water for a landscape area based
on the local evaporation factor, and s ite-specific factors such as soil, slope and planting conditions. The
requirements for a water-efficient landscape are administered under Section 14.16.370 of this Title.
"Water-oriented" means uses which are either water frontage dependent, or which attract people to the
waterfront.
"Wetland creation" means a human activity bringing a wetland into existence at a site in which it did not
formerly exist.
"Wetland restoration" means a human activity that returns a former wetland from an altered condition, in
which all or virtually all wetland functions and values have been lost, to a condition with full wetland functions and
values. Restoration does not mean enhancement of wetlands which, though degraded, nonetheless provide
significant biological wetland functions or values.
"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions (same as U.S. Army Corps of Engineers). (See Section
14.13.050(A), Determination of Wetland Boundaries).
"Wholesale" means a use engaged primarily in the selling of any type of goods for purpose of resale,
including related storage and distribution.
"Wildlife" means animals, including fish and fowl, and/or plants existing in their natural habitat.
"Wind-blown device" means any man-made device which visibly moves when blown in the wind.
"Window sign" means a sign painted on or attached to a window or located inside within a distance equal to
the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the
building in which the window is located.
"Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical energy,
which it then converts into electricity.
"Wireless communication facilities" means facilities regulated by the FCC that transmit and/or receive
electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile
services, paging systems, and radio and television broadcast transmission facilities. Facilities include antennas,
microwave dishes, parabolic antennas, and all other types of equipment (but does not include small wireless
facility, which is defined separately under "small wireless facility") used in the transmission or reception of such
signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets
and/or buildings; and all other accessory development. These facilities include amateur radio antenna structures
that exceed thirty feet (30′) in height but do not include government -operated public safety networks.
Wrecking yard, motor vehicle. "Motor vehicle wrecking yard" means any use of premises for the conduct of a
business whereon two (2) or more vehicles not in operating condition are standing and/or on which used motor
vehicles, or parts thereof, are dismantled and/or stored.
"Yacht club" means a private social club which may include a club house, private berthing for club members,
tie-up visitor docking, on-site parking for automobiles and boat trailers; and which may include dry storage for
members' boats. The berthing or storage of boats for commercial purposes, party boats, and rental boats are
specifically excluded.
Yard, front. "Front yard" means an open area extending along the full width of a lot between side lot lines
and from the front lot line to a parallel line at a distance equal to the depth of the required yard (i.e., required
setback area), within which no structure shall be located except as provided and/or permitted in this title. The
front yard should be consistent with the orientation of the other lots and improvements on the same side of the
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street or consistent with any prior determination that was made to define the front yard. The front yard is usually
the side where the main building entrance is located and in the general direction in which the main building faces.
Front yards shall be determined for lots as follows:
1. For a corner lot with two (2) street frontages, the front yard is typically the narrower of the two (2)
frontages, except where an existing front building setback has clearly been established by prior
property development.
2. For an interior lot with an irregular-shaped frontage, the front yard is defined as all portions of the lot
that are parallel to and immediately front the road right-of-way or easement that provides access to
the lot.
3. For a triangular shaped lot with fewer than four (4) lot lines, the director may determine the front yard
location based on orientation of the building entrance and surrounding development pattern.
4. For a flag or panhandle lot, the front yard is defined as all portions of the lot within the required front
setback measured from the longest property line that is most parallel and nearest to the public street.
The panhandle portion of the lot shall not be used in determining the required setbacks. See Title 15,
Section 15.06.030(d).
Yard, rear. "Rear yard" means an open area extending across the full width of the lot between side lot lines
and from the rear lot line to a line at a distance equal to the depth of the required yard, within which no structure
shall be located except as provided in this title.
Yard, side. "Side yard" means an open area extending between the front yard and 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.
(Ord. 1853 § 1, 2007; Ord. 1838 §§ 16, 17, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1825 § 2 (Exh. A) (part), 2004;
Ord. 1823 § 1 (Exh. A) (part), 2004; Ord. 1797 § 1, 2003; Ord. 1765 § 1 (part) (Exh. A), 2001; Ord. 1756 § 1, 2000;
Ord. 1751 § 1, 2000; Ord. 1748 § 1, 2000; Ord. 1742 § 1, 1999; Ord. 1740 § 1, 1999: Ord. 1731 § 1, 1998: Ord. 1713
§ 1, 1997; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1879, § 9, 2-1-10; Ord. No. 1882, Exh. A, §§ 4—6, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord.
No. 1937 , § 2, 1-19-2016; Ord. No. 1955 , (Exh. A, §§ 1, 2), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) § 1, 11-19-2018;
Ord. No. 1967 , §§ 1, 2, 12-17-2018; Ord. No. 1976 , div. 2, 11-18-2019; Ord. No. 1996 , div. 2(Exh. A, 3.1), div.
2(Exh. C, 1.1), 8-16-2021; Ord. No. 2002 , div. 4, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)
Division II BASE DISTRICT REGULATIONS
Chapter 14.04 RESIDENTIAL DISTRICTS (R, DR, MR, HR)
14.04.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the residential zoning
districts include the following:
A. To provide a wide variety of housing opportunities in terms of housing types, and neighborhoods with
varying densities, lot sizes, and development standards;
B. To protect and enhance existing residential neighborhoods through retention of existing land
development patterns and retention of their varied design character;
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C. To promote new residential development compatible with environmental site constraints and nearby
neighborhood development;
D. To provide opportunities for churches, day care facilities, residential care facilities and other uses
which are considered to be compatible and desirable land uses within residential neighborhoods;
E. To provide outdoor recreational amenities for residents;
F. To ensure the provision of public services and facilities needed to accommodate planned residential
densities;
G. To promote sensitive hillside residential design.
The additional purposes of each residential zoning district follow.
H. Single-Family Residential Districts (R5, R7.5, R10, R20, R1a, R2a).
1. The single-family residential districts provide opportunities for low-density, detached single-
family residential development. Development densities are based on existing development
patterns in the area and environmental site constraints. In hillside area s, development shall
conform to the hillside development standards and review procedures established in Chapter
14.12, Hillside Development Overlay District.
2. Single-family residential districts include hillside resource residential land use categories with
minimum densities of two (2) or more acres for minimum lot sizes; hillside residential and
residential estate categories with densities from twenty thousand (20,000) square foot to two (2)
acre lot minimums; and low-density residential land use categories with densities ranging from
five thousand (5,000) square foot to twenty thousand (20,000) square foot lot minimums.
I. Duplex Residential District (DR).
1. The duplex residential district provides opportunities for single-family and duplex residential
development. As a transitional area between single-family and multifamily districts, an intent of
the district is to maintain the design character of single-family districts.
2. The duplex residential district is included in the medium-density residential land use category
with a density of two thousand five hundred (2,500) square feet per dwelling unit.
J. Multifamily Residential Districts: Medium-Density (MR2, MR2.5, MR3, MR5).
1. The medium-density residential districts provide opportunities for a mixture of residential types,
including detached single-family residences, duplexes and multifamily dwellings at medium
densities. Desired styles of development within this district include garden apartments and
condominiums.
2. Medium-density multifamily residential districts are included in the medium-density residential
land use category with densities ranging from two thousand (2,000) square feet to three
thousand (3,000) square feet per dwelling unit.
K. Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8).
1. The high-density residential districts provide opportunities for high -density multifamily
residential development.
2. High-density multifamily residential districts are included in the high-density residential land use
category with densities ranging from one thousand (1,000) square feet to one thousand eight
hundred (1,800) square feet per dwelling unit.
L. Planned Development District (PD). Planned development districts on large residential lots promote
clustering of residences to avoid sensitive portions of the site. Densities are consistent with the general
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plan and typically are low. See Chapter 14.07, Planned Development District, for additional
information.
(Ord. 1625 § 1 (part), 1992).
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 P C *Pursuant to regulations and
restrictions outlined in Section
14.16.282
Multifamily residential P P C
Accessory dwelling unit
(ADU)
P P P P P See standards, Section 14.16.285
Junior accessory dwelling
unit (JADU)
P P P P P See standards, Section 14.16.285
Animal keeping A A A A A 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 C C
Home occupations P P P P P See standards, 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
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
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Family day care home
Small (0—8 children or
adults)
P P P P P
Large (9—14 children) A A A A A See standards, Chapter 14.17
Large (9—14 adults) C C C C C
Day care center (15 or more
children or adults)
C* C C C C* *Prohibited in R2a, R1a and PD
districts, and R20 hillside
residential lots.
Public, Quasi-Public and
Community Uses
Clubs and lodges, including
youth groups
C C C
Community gardens P P P P P Subject to performance standards
outlined in Chapter 14.17.
Open space P P P P P
Public parks, playgrounds
and recreation facilities
P P P P P
Religious institutions C* C C C C* *Prohibited in R2a, R1a and PD-
hillside districts, and R20 hillside
residential lots.
Schools
Public P* P P P C* *Prohibited in R2a, R1a and PD-
hillside districts, and R20 hillside
residential lots.
Parochial, private C* C C C C* *Prohibited in R2a, R1a 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, R1a, 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,
including extended care
facilities (treatment and
C C C
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convalescent) and children's
treatment facilities
Commercial Uses
Plant nurseries and garden
supply
C C C C
Transportation Facilities
Parking lot, public or private C C C See regulations, Chapter 14.18
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 See regulations, Chapter 14.16
(Ord. 1838 § 18, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1802 § 2, 2003: Ord. 1663 § 1 (part), 1994; Ord. 1652 § 1,
1993; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 7, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924, § 1, 9-15-2014 ; Ord.
No. 1937 , § 1, 1-19-2016; Ord. No. 1964 , § 2(Exh. B) § 2, 11-19-2018; Ord. No. 2002 , div. 5, 12-6-2021; Ord. No.
2013 , § 4, 8-1-2022)
14.04.030 Property development standards (R).
N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use
Regulations, for additional regulations pertaining to site development standards. See Chapter 14.23, Variances,
and Chapter 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental
and Design Review Permits, a listing of improvements subject to review (including upper story additions), and
design guidelines and criteria for development.
Table 14.04.030
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Minimum
lot area
(sq. ft.)
2 acres 1 acre 20,000 10,000 7,500 5,000/6,000
(corner)
(I)
Minimum
lot width
(ft.)
150 150 100 75 60 50/60
(corner)
(I)
Minimum
yards
Front (ft.) 20 20 20 20 15 15 (A), (B)
Side/street
side (ft.)
15 15 12′6″ 10 6 10% of lot
width, min.
3′, max. 5′
(C), (D), (H)
Rear (ft.) 25 25 10 10 10 10 (H)
Maximum
height of
30 30 30 30 30 30 (E), (H)
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structure
(ft.)
Maximum
lot
coverage
20% 25% 30% 40% 40% 40%
Maximum
upper story
floor size
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75% of
lot
coverage
calculation
(E), (F), (G)
Private
yard area
NR NR NR NR NR NR
Parking * * * * * * * Based on
use. See
14.18.040.,
(H)
(A) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall
be the average of improved lots on both sides of the street for the length of the block. For purposes of
determining average front setback on developed lots, setback should be measured from the property
line to closest wall of any principal structure.
(B) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992, or
carport built after January 1, 2006, shall be set back twenty feet (20′).
(C) On a reverse corner lot, the rear twenty feet (20′) of the street side yard shall have a fifteen -foot (15′)
setback.
(D) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved with
buildings, the minimum required shall be the average of improved lots within the same district on both
sides of the street for the length of the block.
(E) In the -EA Combining District, maximum height of seventeen feet (17′) to peak, and one habitable floor.
(F) For design criteria for upper-story construction, see Section 14.25.050(F)(6), Upper-Story Additions.
(G) For lots less than five thousand (5,000) square feet, the maximum upper story shall be fifty percent
(50%) of the maximum lot coverage calculation; for lots five thousand (5,000) square feet or larger,
maximum upper story size shall be seventy-five percent (75%) of maximum lot coverage calculation.
(H) See Section 14.16.282.C. for property development standard applicable to SB 9 Housing Developments.
(I) Parcels created through Chapter 15.155 (Urban Lot Splits) are exempt from these standards.
Diagram for Section 14.04.030
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(Ord. 1838 § 19, 2005; Ord. 1820 § 1, 2004; Ord. 1802 § 3, 2003; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part),
1992).
(Ord. No. 1882, Exh. A, §§ 8, 9, 6-21-2010; Ord. No. 2002 , div. 6, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)
14.04.040 Property development standards—Duplex residential (DR), medium density
residential (MR), high density residential (HR).
NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to other site development
standards, Chapter 14.23, Variances, Chapter 14.24, Exceptions, for allowable adjustments to these standards, and
Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review
(including addition of new units or additions of floor area to existing units) and design guidelines and criteria for
development.
Table 14.04.040
DR MR5 MR3 MR2.5 MR2 HR1.8 HR1.5 HR1 Additional
Standards
Minimum lot
area (sq. ft.)
5,000/6,000
(corner)
6,000 6,000 6,000 6,000 6,000 6,000 6,000
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Minimum lot
area/dwelling
unit (sq. ft.)
(Max. residential
intensity)
2,500 5,000 3,000 2,500 2,000 1,800 1,500 1,000 (B), (C)
Minimum lot
width (ft.)
50/60
(corner lot)
60 60 60 60 60 60 60
Minimum yards
Front (ft.) 15 15 15 15 15 15 15 15 (D), (E)
Side (ft.) 10% of lot
width, min.
3′, max. 5′
10 10 10 10 10%
of lot
width,
min.
3′,
max.
5′
10%
of lot
width,
min.
3′,
max.
5′
10%
of lot
width,
min.
3′,
max.
5′
Street side
(ft.)
10 10 10 10 10 10 10 10 (E), (F), (G)
Side providing
pedestrian
access (ft.)
NA 15 15 15 15 12 12 12 (F), (N)
Rear (ft.) 10 5 5 5 5 5 5 5 (F), (H), (I)
Distance
between res.
structures
No primary
pedestrian
access to
structures (ft.)
NA 15 15 15 15 8 8 8 (N)
Primary
pedestrian
access to
structures (ft.)
NA 20 20 20 20 20 20 20
Maximum
height of
structure (ft.)
30 36 36 36 36 36 36 36 (J), (K)
Maximum lot
coverage
40% 40% 50% 50% 50% 60% 60% 60%
Minimum usable
outdoor area
(common and/or
private)/Dwelling
unit (sq. ft.)
200 200 200 200 200 150 150 100 (L)
Landscaping 50% front
and street
side yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
(M)
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Parking * * * * * * * * * Based on
use. See
Section
14.18.040.
(A) Intentionally not used.
(B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room.
(C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus).
(D) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall
be standard, or the average of improved lots on both sides of the street for the length of the block,
whichever is less.
(E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991, shall be
set back twenty feet (20′).
(F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all required yards,
per Section 14.18.200 (Location of parking and maneuvering areas) of this title.
(G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20′) of the street side shall have
a fifteen-foot setback.
(H) In the MR or HR districts, where development is adjacent to a single-family district, the rear yard
setback shall be ten feet (10′).
(I) In order to provide adequate privacy and sunlight, additional separation may be required through
design review.
(J) The height limit in the Latham Street neighborhood is specified in the Downtown San Rafael Precise
Plan Form-Based Code adopted by separate ordinance.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus).
(L) Private yard areas shall have a minimum dimension of six feet (6′). In the HR districts, common indoor
area suitable for recreational uses may be counted toward the usable outdoor area requirement.
(M) Where a driveway is located in a side yard, a minimum of three feet (3′) of buffer landscaping shall be
provided between the driveway and side property line. The required rear yard shall be landscaped to
provide a buffer.
(N) Setback distances apply to areas that provide a primary pedestrian access only.
(Ord. 1838 § 20, 2005; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 10, 11, 6-21-2010; Ord. No. 1990 , div. 1.1, 3-1-2021; Ord. No. 1996 , div. 2(Exh. A, 4.1),
8-16-2021)
Chapter 14.05 COMMERCIAL AND OFFICE DISTRICTS
14.05.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the commercial and
office districts include the following:
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A. To promote specialized commercial environments which provide appropriately located areas for retail,
service and office development, and provide the city with a wide range of neighborhood, local and
regional serving uses;
B. To promote appropriately located businesses which provide local employment opportunities and/or
generate tax revenue for the city;
C. To promote commercial and office projects at appropriate building intensities and trip -generation
characteristics which will maintain acceptable traffic-operating standards;
D. To promote high-quality design in new or remodeled commercial and office development consistent
with design guidelines;
E. To promote and encourage commercial and office sites and designs which are accessible by a variety of
transportation means;
F. To promote San Rafael's downtown area as a viable commercial and financial center, and as an urban
center with a mixture of civic, social, entertainment, cultural and residential uses;
G. To retain and enhance the Northgate Shopping Center and surrounding retail area as a regional
shopping center;
H. To provide housing opportunities by encouraging a variety of housing in mixed-use districts.
The additional purposes of each commercial district follow.
I. General Commercial District (GC). The general commercial district promotes a full range of retail and
service uses in major shopping centers and certain areas of the city which have freeway or major street
access and visibility. Residential use is allowed with a use permit. Offices are a conditional secondary
use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation
and design criteria vary throughout the district in response to specialized conditions recognized in the
general plan.
J. Neighborhood Commercial District (NC).
1. The neighborhood commercial district provides convenient shopping areas within residential
neighborhoods for retail items and personal services which may be needed on a frequent basis
for vicinity residents. Examples of convenience goods or services includ e supermarkets,
pharmacies, dry cleaners and personal service establishments. Within this district, a limited
amount of office and residential use may be allowed, only if in mixed -use developments. Office
uses shall provide a service convenience to local residents. Neighborhood commercial areas are
intended to reduce trips to more distant major commercial areas.
2. Neighborhood commercial retail uses are limited in order to ensure compatibility with residential
neighborhoods and to concentrate region-serving goods and services in locations outside of
neighborhoods and in proximity with one another.
3. Neighborhood commercial development is intended to be compatible with the surrounding
residential neighborhood in terms of building height (typically one to two (2) stories, with up to
three stories for a retail/residential mixed -use building), setbacks and landscaping.
K. Office District (O). The office district provides opportunities for the siting of a variety of administrative,
professional, medical and general business offices. This district also allows residential use, and limited
convenience retail and service uses to support office uses and serve local employees. The office district
is intended to provide an attractive, landscaped environment with outdoor amenities such as
courtyards, plazas, benches, seating areas and pedestrian/bicycle paths. FAR, trip allocation and design
criteria vary throughout the district in response to localized conditions recognized in the general plan.
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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.
M. Commercial/Office District (C/O). The commercial/office district promotes retail, office, mixed
retail/office/residential uses, and cultural facilities. The commercial/office district is different from the
downtown zoning districts in that it provides greater opportunity for office and financial uses in first-
floor locations. Residential units are promoted to provide evening and weekend activity, increase the
city's supply of housing units and support downtown activities and uses.
N. Residential/Office Districts (R/O).
1. The residential/office district is a transitional area between the downtown zoning districts and
nearby residential areas. This district promotes residential, office, and mixed-use
residential/office projects. This district also provides limited retail and personal service uses
which support residential and office uses, and which are compatible with such uses. Gasoline
service stations are allowed along major arterials such as Second Street.
2. This district is characterized by lower development intensity than in the downtown zoning
districts. The residential/office district is also intended to be less intense in terms of evening and
weekend activity than the downtown zoning districts.
O. Francisco Boulevard West Commercial District (FBWC).
1. The Francisco Boulevard West commercial district provides a wide range of specialty retail uses
with regional appeal, including sales of automobiles, bulk retail items, building materials and
other region-serving goods. The Francisco Boulevard West district is intended to accommodate
large-scale developments and shopping centers with specialty retail tenants. Assemblage of
parcels shall be encouraged in this district in order to promote larger scale development projects.
Residential use is also allowed in this district.
2. This area is expected to be the focus of major redevelopment in the future. Until redevelopment
occurs, it is recognized that there will be many nonconforming uses within the Francisco
Boulevard West commercial district, and it is intended that existing legal nonconforming uses
may remain as viable interim uses. Section 14.16.270, Nonconforming structures and uses,
contains general provisions on nonconforming uses which apply in these instances. However,
these types of interim uses are not permitted on any additional sites within the Francisco
Boulevard West district.
(Ord. 1831 § 1 (part), 2004; Ord. 1757 § 1, 2000; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 5.1), 8-16-2021)
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
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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 plannin g commission shall
determine whether the proposed use is consistent with the specified review criteria for the
Francisco Boulevard West commercial district.
3. Review criteria for evaluating proposed uses in new development and redevelopment projects in the
Francisco Boulevard West commercial district are listed below. In order to initiate the use permit
process as indicated in either subsection (A)(2)(a) or (A)(2)(b) of this section, the proposed project must
meet one (1) 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* 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 CZ See Chapter 14.17
standards.
Animal retail sales P P P
Boat sales CZ CZ
Building materials and supplies
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
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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
Cannabis Related Uses
Cannabis Testing/lab P (2) P (2) *Subject to additional
regulations and
permitting (See SRMC
Chapter 10.96)
Cannabis Delivery P (2) P (2) *Subject to additional
regulations and
permitting (See SRMC
Chapter 10.96)
Cannabis Manufacturing
Cannabis Distribution
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
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, see Section
14.16.277 standards.
For outdoor eating
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areas on parking
spaces within the
public right-of-way,
see Chapter 11.70—
"Streetaries" Outdoor
Eating Areas.
Food and beverage stores
Bakeries, retail (and ancillary food
service)
P P P P P C
Candy stores and confectioneries P P P
Convenience markets CZ CZ CZ CZ
Grocery stores and supermarkets 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.
Liquor stores
(1) Less than 200 ft. from
residential district
CZ CZ CZ CZ CZ
(2) 200 ft. or more from residential
district
P P P C C
Fortunetelling A A See Chapter 14.17
standards. *Rear
ground level or 2nd
floor or above.
Funeral interment services (including
mortuaries, but excluding
crematories)
CZ CZ
Kiosks A A A A A 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 mini-
markets, and minor repair, such as
tune-ups, brakes, batteries, tires,
and mufflers)
C C C C C C See Section 14.16.160
regulations. For
repair, see Chapter
14.17 standards.
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.
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Sales, new or used vehicles
(1) Five or fewer vehicles displayed
or stored on-site
CZ CZ CZ
(2) More than five vehicles
displayed or stored on-site
C C C
Sales, parts and supplies P P C
Sales, tires and ancillary service CZ CZ CZ
Music rehearsal/recording studios CZ CZ
Outdoor storage, including temporary
or permanent storage containers
CZ CZ CZ CZ C
Personal service establishments
Artistic and photographic studios,
without sale of equipment or
supplies
P P P
Barber shops/beauty salons P P P P P C
Dry cleaning establishments, with
no on-site processing
P P P P P
Dry cleaning establishments, with
on-site processing
CZ CZ CZ CZ CZ
Laundromats (self service) P P P P
Massage and/or bodywork offices
or establishments
P P P P P See Chapter 8.34
Nail salons P P P P P
Seamstress/tailor P P P P P
Shoe repair P P P P P
Recreational facilities (indoors)
Bowling alleys C C C See Chapter 10.32
Game arcades C C See Chapter 14.17
standards.
Fitness/recreation facility CZ 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
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,
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noise, and
compatibility with
surrounding
residential uses.
Electronics sales (televisions,
radios, computers, etc.)
P P C
Florist shops P P P P P
Furniture stores and upholstery
shops (and ancillary repair)
P P C
Gun shops C C See Chapter 14.17
standards.
Jewelry stores P P
Plant nurseries and garden supply P* P* P* C *See Outdoor storage.
Secondhand stores and pawnshops CZ CZ See Chapter 10.20
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
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)
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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, including
extended care facilities (treatment
and convalescent) and children's
treatment facilities
C C
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.
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, Quasi-Public and Community
Uses
Clubs and lodges, including youth
groups
C C C
Community gardens P P P P P P Subject to
performance
standards outlined in
Chapter 14.17.
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
cultural facilities
C C C C C
Public and utility facilities
(corporation, maintenance or
storage yards, utility distribution
facilities, etc.)
C
Public facilities, other (police, fire,
paramedic, post office, etc.)
C C C C C C
Public parks, playgrounds, and
recreation facilities
P P P P P
Religious institutions C C C C C
Schools
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Parochial, private C C C* C *Rear ground level or
2nd floor or above.
Public P P P P P
Specialized education and training CZ CZ CZ CZ
Residential Uses * * * *See Chapter 14.17
standards.
Single-family residential C C
Duplex residential C
Multifamily residential A(3) A(3) P A(3) P A(3)
Accessory dwelling units P P P P P P See standards, Section
14.16.285
Junior accessory dwelling units P P P P P P See standards, Section
14.16.285
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
Permanent P/C C C See 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 A 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
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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.
(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).
(Ord. 1838 § 21, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 1, 2004; Ord. 1797 § 3, 2003; Ord. 1765 § 1 (part)
(Exh. B (part)), 2001; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1693 § 1,
1996; Ord. 1689 § 1, 1995; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 12, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924, § 1, 9-15-2014 ; Ord.
No. 1955 , (Exh. A, §§ 3, 4), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 3, 4, 11-19-2018; Ord. No. 1996 , div. 2(Exh. C,
2.1), 8-16-2021; Ord. No. 2002 , div. 7, 12-6-2021; Ord. No. 2015 , § 2, 9-6-2022; Ord. No. 2016 , § 3, 10-3-2022)
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.
(Ord. 1838 § 22, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 2, 2004; Ord. 1797 § 4, 2003; Ord. 1765 § 1 (Exh. B
(part)), 2001; Ord. 1763 § 1 (part), 2001; Ord. 1757 § 2 (Exh. Z-1), 2000: Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999;
Ord. 1725 § 1 (Exh. A), 1998; Ord. 1694 § 1 (Exh. A) (part), 1996).
(Ord. No. 1882, Exh. A, § 13, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924 , § 1, 9-15-2014; Ord.
No. 1996 , div. 2(Exh. A, 5.2), 8-16-2021; Ord. No. 2002 , div. 8, 12-6-2021)
14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC).
NR: Not required unless otherwise noted in additional standards. NA: Not applicable.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio, and site
development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments
to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements
subject to review and design guidelines and criteria for development.
Table 14.05.030
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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), (O)
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 (P)
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
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and/or rear yard shall be ten feet (10′). Parking or maneuvering shall be permitted within the required
side and rear yards provided that a minimum six-foot (6′) wide landscape buffer area, excluding curbs,
is provided adjacent to the side and rear property lines.
(C) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter
14.24, Exceptions.
(D) Hotels have a four (4) story fifty-four-foot (54′) height limit. A one-story twelve-foot (12′) height bonus
may be approved as part of a design review permit by the planning commission if it finds that the hotel
will provide a significant community benefit, and the design is consistent with this title.
(E) Repealed 3/18/96.
(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) Intentionally not used.
(O) A density bonus may be granted, as provided for in Section 14.16.030.
(P) The maximum lot coverage restriction established for the office (O) district shall not apply to solar
panels installed over existing paved parking spaces; consistent with Section 14.16.307.
(Ord. 1838 § 23, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1782 Exh. A (part), 2002; Ord. 1694 § 1 (Exh. A) (part), 1996;
Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 14, 15, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 5,
11-19-2018; Ord. No. 1990 , div. 1.2, 3-1-2021)
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.
(Ord. 1838 § 24, 2005; Ord. 1782 Exh. A (part), 2002; Ord. 1694 § 1 (Exh. A) (part), 1996).
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(Ord. No. 1882, Exh. A, §§ 16, 17, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 5.3), 8-16-2021)
Chapter 14.06 INDUSTRIAL DISTRICTS (I, LI/O, CCI/O, LMU)
14.06.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the industrial districts
include the following:
A. To provide appropriately located areas for a range of light and heavy industrial uses, including the
building trades and automotive service industries, which serve area residents and businesses;
B. To preserve and expand the contribution of industrial, building trades and auto service uses to the
overall economic base and employment opportunities of the city;
C. To provide a suitable environment for industrial uses and minimize potential land use conflicts by
limiting nonindustrial uses within the industrial districts;
D. To minimize the impacts of industrial uses on adjacent nonindustrial districts;
E. To upgrade appearance and parking conditions to a reasonable extent while maintaining the vitality of
the industrial districts;
F. To promote industrial development at appropriate building intensities and trip -generation
characteristics which will maintain acceptable traffic operating standards.
The additional purposes of each industrial district follow.
G. Industrial District (I). The industrial district provides opportunities for a full range of heavy and light
industrial uses, including the building trades and automotive service industry. The industrial district
protects general industrial uses from disruption and competition for space from unrelated retail,
commercial and office uses that could be more appropriately located elsewhere in the city. However,
ancillary office, small office and certain retail and service uses are allowed for the convenience of area
businesses and employees.
H. Light Industrial/Office District (LI/O). The light industrial/office district provides landscaped settings for
light industrial uses, research and development facilities, warehousing, wholesale distributing and
office uses. Incidental employee-serving retail and service uses are encouraged. Specialty retail uses
consistent with light industrial or office uses, region-serving specialty retail and retail uses supportive
of and related to industrial uses may be permitted provided the proposed use is consist ent with floor
area ratio (FAR) and trip allocation standards. FAR requirements, trip allocation standards and design
criteria vary throughout the district in response to specialized conditions recognized in the general
plan.
I. Core Canal Industrial/Office District (CCI/O).
1. The core canal industrial/office district provides sites for light industrial, automotive service and
small-scale office uses. Specialty retail uses consistent with industrial uses may be allowed
provided the proposed use complies with FAR requirements and trip allocation standards.
Because this area suffers from severe parking congestion, and typically has small lot sizes and
narrow street widths, high trip-generating uses such as general retail, personal service or food
service establishments are restricted in this district. These types of uses are more appropriately
located in nearby commercial districts.
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2. Within the core canal industrial/office district, new development and building remodels shall
achieve upgraded design and reduce any adverse circulation and parking impacts. Fringe sites
and buildings shall also provide an appropriate transition to adjacent residential and commercial
districts.
J. Lindaro Mixed-Use District (LMU). The Lindaro mixed -use district provides sites for a mix of industrial
and light industrial uses. To facilitate the transition of this district to a more compatible use with the
adjacent school, to encourage the development of a more attractive entryway to the neighborhoods to
the south, and to help meet the housing needs of artists and other professionals who want to combine
their work and residence, allow live/work uses in addition to the existing industrial and light i ndustrial
uses.
(Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).
14.06.020 Land use regulations (I, LI/O, CCI/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 CCI/O LMU Additional Use Regulations
Industrial Uses
Boat building and repair C
Industry, general
Asphalt mix plants C
Assembly plants P P P P* *Permitted by right unless within
300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Biotechnology firms C C C C
Cabinet shops P* P* P* P* *Permitted by right unless within
300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Candle-making shop P* P* P* P* *Permitted by right unless within
300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Ceramic shop P P* P* P* *Permitted by right unless within
300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.
Chemical manufacture or processing C
Clothing manufacturing P P P P
Concrete mix plants C
Contractor's yards (screened) P CZ CZ CZ
Dry boat storage C C C
Dry cleaning plants P P P P* *Permitted by right unless within
300 feet of a residential district, in
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which case it is "CZ," subject to a
use permit.
Electronics industry CZ CZ C C
Food manufacture or processing 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.
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 repair 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.
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, forging or welding
shops
CZ C C C
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 manufacturing C C C C
Planing mills C C
Printing shops P P P P
Research and development facilities C
Research and development industry CZ CZ C
Research and development services P P P
Rock, sand or gravel plants (crushing,
screening and stockpiling)
C
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 CZ C C
Storage, warehousing and distribution P P P P See Outdoor storage.
Trucking yards and terminals C
Waste Management
Hazardous waste transfer, storage,
treatment and recycling
C See hazardous waste management
plan standards.
Resource recovery and recycling CZ
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Solid waste management (collection,
disposal)
C See Chapter 10.72
Transfer stations C
Wholesale and distribution P P P P
Offices and Related Uses
Financial services and institutions CZ CZ
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 or without
exterior kennels, pens or runs)
CZ CZ CZ CZ* See Chapter 14.17 standards.
*Without exterior kennels, pens or
runs (See Chapter 10.24).
Building materials and supplies
Brick, gravel, rock, concrete, lumber,
tile sales
P* P* P* P* *See Outdoor storage.
Electrical supply stores P* P* P* P* *See Outdoor storage.
Equipment rental business P* P* P* P* *See Outdoor storage.
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 (and ancillary
service)
P* P* P* P* *See Outdoor storage.
Business sales and service
Blueprint and photocopy shops P P P P
Computer services P P P
Locksmith shop P P P P
Office furniture sales and rentals P P P
Office supply and business machine
shops
P P P
Printing shops P P P P
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)
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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 (without food
service)
C
Fast food restaurants C C
Food service establishment, high
volume
C C
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 in size CZ CZ CZ CZ
(2) More than 1,000 sq. ft. in size CZ CZ
Food service establishment, with a
cocktail lounge, live entertainment
and/or dancing
C
Live entertainment and/or dancing
(without food service)
C
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, see
Section 14.16.277 standards. For
outdoor seating areas on parking
spaces within the public right-of-
way, see Chapter 11.70—
"Streetaries" Outdoor Eating Areas.
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.
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Building maintenance services P* P* P* P* *See Outdoor storage.
Furniture upholstery P* P* P* P* *See Outdoor storage.
General contractors P* P* P* P* *See Outdoor storage.
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 (including mini-
markets, and minor repair, such as
tune-ups, brakes, batteries, tires and
mufflers)
C C C See Chapter 14.16 regulations. For
repair, see Chapter 14.17
standards.
Rentals CZ CZ CZ CZ See Chapter 10.84
Repairs, major (engine work,
painting, body work)
A A A CZ See Chapter 14.17 standards.
Repairs, minor (tune-ups, brakes,
batteries, tires, mufflers, upholstery)
A A A CZ See Chapter 14.17 standards.
Sales, new or used vehicles C/CZ* C/CZ* C/CZ* C/CZ* *For sales of five or 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 studios P CZ CZ CZ
Outdoor storage CZ CZ CZ CZ
Personal service establishments
Artistic and photographic studios,
without sale of equipment or supplies
P P P
Barber shops/beauty salons P P P
Dry cleaning establishments with or
without on-site processing facilities
P P P P
Laundromat (self service) P P P
Nail salon P P P
Seamstress/tailor P P P
Shoe repair P P P
Recreational facilities (indoors)
Bowling alleys CZ CZ CZ
Fitness/recreation facility CZ CZ CZ
Retail
Drug stores and pharmacies C
Florist C
Specialty retail, region-serving C
Public, Quasi-Public and Community
Uses
Clubs and lodges, including youth
groups
C C C
Community gardens P P P P Subject to performance standards
outlined in Chapter 14.17.
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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 facilities
(corporation, maintenance or storage
yards, utility distribution facilities,
etc.)
C C C C
Public facilities, other (police, fire,
paramedics, post office, etc.)
P P P P
Public parks, playgrounds and
recreation facilities
C
Religious institutions C C C
Schools
Parochial, private C C
Public P P
Specialized education and training CZ CZ CZ
Residential, Day Care and Visitor
Accommodation Uses
Live/work quarters A See Section 14.17.100(C)(9)
(Live/work quarters).
Caretaker's residence CZ CZ CZ CZ
Day care centers CZ CZ CZ CZ
Emergency shelters for the homeless
Permanent C P/C C C See Section 14.16.115
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.
(1) Shall not be located within three hundred (300) feet from schools (public and private), as measured
from the property lines of each parcel.
(Ord. 1838 § 25, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 3, 2004; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999;
Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part),
1992).
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(Ord. No. 1882, Exh. A, § 19, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, §§ 5, 6), 3-
19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 6, 7, 11-19-2018; Ord. No. 1996 , div. 2(Exh. C, 3.1), 8-6-2021; Ord. No.
2015 , § 3, 9-6-2022; Ord. No. 2016 , § 4, 10-3-2022)
14.06.030 Property development standards (I, LI/O, CCI/O, LMU).
NR: Not required, unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site
development standards. See Chapter 14.23, (Variances) and Chapter 14.24 (Exceptions) for allowable adjustments
to these standards, and Chapter 14.25 (Environmental and design review permits) for a listing of improvements
subject to review and design guidelines and criteria for development.
Table 14.06.030
I LI/O CCI/O LMU Additional Standards
Minimum lot area (sq. ft.) 6,000 6,000 6,000 6,000
Minimum lot width (ft.) 60 60 60 60
Floor area ratio (Max. non-residential
intensity)
* * * * * See Section 14.16.150
Minimum yards:
Front (ft.) NR 20 NR NR (A)
Side (ft.) NR 10 or
20/0
NR NR (A), (B)
Rear (ft.) NR 10 NR NR (A), (B)
Maximum height of structure (ft.) 36 36 36 36 (C)
Maximum lot coverage NR NR NR NR
Minimum landscaping 10% 20% 10% 10% (D), (E), (F), (G), (H), (I)
Parking * * * * * Based on use. See
Section 14.18.040
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as
required for that residential district, and when the side and/or rear of the lot(s) abuts a residential
district, the respective side and/or rear shall be ten feet (10′).
(B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a
minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent to the side and
rear property lines.
(C) Buildings existing or approved as of January 1, 1987, which are more than three (3) stories in height
shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3)
stories.
(D) In the LI/O and CCI/O districts, street trees shall be included in landscaping plans for development
fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for development facing
Lindaro Street, and in the I district, for development fronting Woodland Avenue, Irwin Street, Lincoln
Avenue, Andersen Drive and DuBois Street.
(E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%)
of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three
feet (3′) of buffer landscaping must be provided. Where the rear of the lot abuts a residential district,
ten feet (10′) of buffer landscaping must be provided.
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(F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
(G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street,
Medway Road, Bellam Boulevard, Lindaro Street and Woodland Avenue.
(H) Exception may be granted for required minimum landscaping standards, subject to the provisions of
Chapter 14.24, Exceptions.
(I) In the LI/O district, a minimum twenty feet (20′) of the front setback must be landscaped.
(Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 20, 21, 6-21-2010)
Chapter 14.07 PLANNED DEVELOPMENT DISTRICT (PD)
14.07.010 Specific purposes.
The specific purposes of the planned development (PD) district are to:
A. Promote and encourage cluster development on large sites to avoid sensitive areas of property;
B. Encourage innovative design on large sites by allowing flexibility in property development standards;
C. Encourage the establishment of open areas in land development;
D. Encourage the assembly of properties that might otherwise be developed in unrelated increments to
the detriment of surrounding neighborhoods;
E. Establish a procedure for the development of large lots of land in order to reduce or eliminate the
rigidity, delays and conflicts that otherwise would result from application of zoning standards and
procedures designed primarily for small lots;
F. Accommodate various types of large-scale, complex, mixed-use, phased developments;
G. Enable affected governmental bodies to receive information and provide an integrated response to
both the immediate and long-range impacts of such proposed developments.
(Ord. 1625 § 1 (part), 1992).
14.07.020 Land use regulations.
A. No use other than an existing use or a temporary use approved pursuant to section D, below, shall be
permitted in a PD district except in accord with a valid development plan. Any permitted or conditional use
authorized by this title may be included in an approved development plan, consistent with the general plan
land use designation(s) and intensities for land within the PD district. The PD zoning approval shall establish
the range of allowable land uses for the development.
B. A master use permit or individual use permits may be required to establish specific uses on the property
consistent with general plan land uses and parking standards. A master use permit shall be required for
nonresidential, phased and/or multi-tenant development.
C. A development plan is not required for existing school sites located in the PD district. A use permit shall be
required for any nonpublic school uses of the site, or for reuse of any existing school facilities, per Section
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14.09.020, land use regulations (P/QP). A development plan shall be required when such property
redevelops.
D. Temporary uses may be permitted within a PD district, with or without an approved or valid development
plan. The performance standards and provisions of Section 14.17.130 of this Title shall apply to temporary
uses, and shall be administered through a use permit (zoning administrator).
(Ord. 1838 § 26, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 22, 6-21-2010)
14.07.030 Property development regulations.
A. Minimum Area. The minimum net area of a PD district shall be 2.5 acres, provided that a PD district may be
subdivided in accord with a valid PD plan; exceptions to this provision are lots over 0.5 acres in size where
developed to provide affordable housing and hillside residential lots over one acre in size where unusual site
characteristics exist.
B. Residential Unit Density. The total number of dwelling units in a PD plan shall not exceed the maximum
number permitted by the general plan density for the total site area. Density bonuses for senior housing
development and affordable housing development may be considered consistent with general plan policies
and state law.
C. Nonresidential Intensity. Nonresidential development shall not exceed floor area ratios, as specified in the
general plan, except in the downtown where a one-time ten percent (10%) bonus may apply for business
expansion.
D. Building Height Limits. Building heights shall be consistent with height standards contained in the general
plan.
E. Other Development Regulations. Other development regulations shall be as prescribed by the development
plan.
(Ord. 1838 § 27, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).
14.07.035 Established PD district containing no development standards or regulations.
When an established PD district does not contain or include site-specific regulations or spatial standards
necessary to guide and approve building additions, modifications or property improvements, the following shall
apply:
A. For proposed additions and modifications to principal structures and primary uses, the community
development director shall determine, based on development characteristics, use and density, and the
contiguous zoning districts, a zoning district adopted within this title that is most compatible to the PD
district. The regulations and spatial standards of the most compatible zoning district shall be applied,
subject to the approval of an environmental and design review permit.
B. For accessory structures, fences and other ancillary improvements, the regulations of Chapter 14.16 of
this Title shall apply.
C. The community development director shall determine if the improvements proposed per A and B
above are major or minor. Improvements determined to be major shall require an amendment to the
PD zoning per Section 14.07.150 of this chapter. Improvements determined to be minor shall not
require an amendment to the PD zoning.
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(Ord. No. 1882, Exh. A, § 23, 6-21-2010)
14.07.040 Authority.
The planning commission shall recommend approval, conditional approval or denial of applications to
reclassify property to the PD district and/or applications for development plans to the city council. The city council
shall have the authority to approve, conditionally approve or deny rezonings and/or development plan
applications.
(Ord. 1625 § 1 (part), 1992).
14.07.050 Application.
A. An application to reclassify property to PD shall be initiated by a property owner or authorized agent, the
planning commission or the city council. If the property is not under single ownership, all owners shall join in
an application initiated by property owners, and a map showing the extent of ownerships shall be submitted
with application materials. Applications to rezone property to PD shall be filed and processed in accordance
with Chapter 14.27, Amendments. If property is already zoned PD, an approved development plan is
required to develop the property.
B. Applications for development plans shall be initiated by submitting the following information to the planning
department: a completed application form, signed by the property owner(s) or authorized agent,
accompanied by the required fee, and any other information, plans or maps prescribed by the planning
director. Standard information required for a development plan application is listed below in Section
14.07.060. Application procedures and processing timeframes shall be in accordance with state law and
procedural guidelines established by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.07.060 Required plans and materials.
In addition to the plans and materials required to accompany an application for a zoning map amendment as
per Chapter 14.27, Amendments, an application for rezoning to a PD district shall include a development plan
incorporating the information described below:
A. A map showing proposed district boundaries and the relationship of the district to uses and structures
within a three hundred foot (300′) radius of the district boundaries;
B. A map or aerial photo of the proposed district and three hundred feet (300′) beyond its boundary
showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and
creeks; the type, location and condition of mature trees and other natural vegetation; and the location
of existing development;
C. The proposed pattern of land use, with acreage, residential density or commercial intensity
calculations. This shall include the total square footage of each type of nonresidential use proposed in
order to assess parking and traffic impacts;
D. A site plan showing proposed street and lot patterns, and the location of all proposed buildings,
structures, and other general site improvements;
E. A description of proposed setbacks, yard areas and height limits;
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F. A plan showing location, grades, and widths of all streets; location and size of all utilities; drainage
structures; parking areas; walkways; and other improvements;
G. Parking plan showing proposed parking layout and provisions for bicycle parking/storage;
H. A topographical map with average site slopes, or slopes of proposed lots, if applicable, and slopes of
proposed streets;
I. Geotechnical data (preliminary geologic report, geotechnical investigation report, and/or hazardous
waste investigation report, as per general plan appendices, geotechnical review matrix);
J. Traffic study;
K. Description of all open space and/or undeveloped areas and a statement indicating their intended
disposition (i.e., deeded to property owners, dedicated to city, etc.);
L. Proposed subdivision map if property is proposed to be divided;
M. An enumeration of deviations between typical zoning ordinance standards for such uses and the
proposed plan;
N. Phasing plan, if any;
O. Other information as may be prescribed by the planning director, depending on the type, location and
potential impacts of the proposed development.
An application for development plan may be accompanied by an application for environmental and
design review. If the development plan application is not accompanied by the environmental and design
review application, the following preliminary design review information shall also be submitted as part of the
development plan application:
P. Preliminary architectural elevations of all proposed buildings and structures;
Q. Conceptual landscape plans;
R. Preliminary grading plan;
S. Site photographs showing site and adjacent properties;
T. Other information as may be prescribed by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.07.070 Initial consultation—Concept plan review.
Applicants may request an initial consultation with the planning director (or the planning director's
designated appointee) and/or a preliminary review by the design review board to review proposed development
at the conceptual plan stage. See Section 14.25.030, Application.
(Ord. 1625 § 1 (part), 1992).
14.07.080 Public notice and hearing.
A. The planning commission and city council shall hold public hearings to consider applications to rezone
property to the PD district and/or a development plan application.
B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
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14.07.090 Findings.
A recommendation by the planning commission to the city council or a decision by the city council to
reclassify property to the PD district and/or to approve a development plan shall be based on the following set of
required findings:
A. The development plan is consistent with the general plan, adopted neighborhood plans and other
applicable city plans or policies;
B. Any residential development shall constitute a residential environment of sustained desirability and
stability in harmony with the character of the surrounding neighborhood, and where applicable,
adequate open space shall be provided;
C. Any nonresidential uses shall be appropriate in area, location and overall planning for the purpose
intended, and the design and development standards shall create a nonresidential environment of
sustained desirability and stability, and where applicable, adequate open space shall be provided;
D. The applicant demonstrates that public facilities are provided to serve the anticipated population;
E. The development is improved by deviations from typical zoning ordinance property development and
parking standards; and
F. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public
safety. Emergency vehicle access is provided to serve the proposed development.
(Ord. 1625 § 1 (part), 1992).
14.07.100 Contents of PD zoning approvals.
A. PD zoning approvals shall include a text summary of the approved development plan, including the range of
allowable land uses, residential density, number and type(s) of residential units, commercial/industrial
intensity, building square footage devoted to each type of nonresidential land use, site development
standards including setbacks, building envelopes, lot coverage and height limits, parking, open space areas,
outdoor amenities and any other critical components of development approval.
B. A master use permit or individual use permit(s) may be required as per Section 14.07.020 to establish
specific use approvals and to evaluate compliance with trip allocations and parking standards.
(Ord. 1625 § 1 (part), 1992).
14.07.110 Notice of decision.
The planning commission or city council shall prepare a written decision which shall contain the findings of
fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the
applicant(s).
(Ord. 1625 § 1 (part), 1992).
14.07.120 Effect of failure to give notice.
No action, inaction or recommendation regarding any development by the planning commission or city
council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the
notices, including the failure to give any notice required by this section, unless the court after an examination of
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the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason
of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a
different result would have been probable if such error or omission had not occurred or existed. There shall be no
presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).
14.07.130 Effective date—Status of development plan.
PD zone designations without development plans are effective upon adoption of this zoning ordinance.
Development plans for these PD districts, and any other PD districts with development plans, shall be effective on
the same date as the ordinance for which they were or are approved. PD ordinances shall expire only upon
rezoning to another zoning district. If no action has been taken on an approved development plan within five (5)
years of its approval (or other timeframes specified by the approval) the city may initiate rezoning of the property.
(Ord. 1625 § 1 (part), 1992).
14.07.140 Zoning map designation.
A planned development district shall be noted by the designation "PD." PD districts with approved
development plans shall be noted by the designation "PD," followed by the ordinance number approving the
development plan.
(Ord. 1625 § 1 (part), 1992).
14.07.150 Amendments to PD zoning and development plans—New application.
Requests for changes in the contents of approval of a PD zoning and development plan shall be treated as a
zoning amendment (rezoning). Rezonings shall be heard and decided by the city council. The procedures for filing
and processing a rezoning shall be the same as those established for an initial PD zoning and development plan
application.
(Ord. 1625 § 1 (part), 1992).
14.07.160 Revocation.
Any violation of a condition of approval of a development plan or a provision of this title shall be grounds for
permit revocation, as provided in Chapter 14.29, Enforcement.
(Ord. 1625 § 1 (part), 1992).
14.07.170 New applications following denial or revocation.
If an application for a development plan is denied or revoked, no new application for the same, or
substantially the same, development plan shall be filed within one year of the date of denial or revocation of the
initial application, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.08 MARINE DISTRICT (M)
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14.08.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the marine district
(M) include the following:
A. To promote the canal as a navigable waterway and viable boating/maritime district;
B. To preserve limited canal-front sites for water-frontage-dependent uses in order to maintain the canal
as a viable maritime/boating district;
C. To provide site opportunities for marine-related businesses which may benefit from proximity to
water-frontage-dependent businesses and contribute to the maritime character of the district;
D. To provide site opportunities for canal-front parks and marine-related recreation;
E. To allow residential and nonmarine related office uses on the second floor or above of a mixed -use
project;
F. To promote building design sensitive to waterfront locations;
G. To promote public access along the waterfront.
H. To allow site opportunities for retail, hotels and restaurants which promote public access to the canal.
(Ord. 1831 § 1 (part), 2004: Ord. 1625 § 1 (part), 1992).
14.08.020 Land use regulations (M).
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.08.020
Type of Land Use M Additional Use Regulations
Marine Uses
Boat building and repair C
Boat sales and rentals P
Charter boat businesses P
Clubs and lodges, including youth groups, with a marine
focus or purpose (boating, fishing, study of marine biology,
etc.)
C
Contractor's shops related to marine activities, including
welding, small machinery repair and marine engine repair
CZ
Equipment rentals related to boating, fishing, etc. P
Fish and bait sales, retail
Indoors P
Outdoors C
Fishing enterprises, commercial and/or recreational,
including support facilities (hoist, ice plant, storage, packing
and sales area and related offices)
C
Fishing supply stores, including bait and stores P
Fuel yards strictly for boats C
Marinas, including boat slips, offices (sales, management,
etc.), harbor, clubhouse, marine-related retail and support
C
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services (restrooms, showers, laundry, caretaker's
residence, pump-outs, etc.)
Marine electronics: sales, manufacturing, assembly, testing
or repairs (including electrical, electromechanical or
electronic equipment, or systems related to harbor or
marine activities)
C
Marine industry sales, including boat machinery, parts and
incidental hardware
P
Marine supply stores P
Marine testing laboratories, research and development
facilities
C
Museum, marine-related C
Offices, business support for marine industry, including
security
P
Outdoor storage, including temporary or permanent
storage containers
CZ
Parks with marine recreational features or concessions P
Schools, sailing, boating, etc. P
Storage, boat (wet or dry) P
Warehousing, strictly for storage of boats, boat trailers and
fishing gear
CZ
Yacht clubs C
Commercial
Food and beverage service establishments
Cocktail lounges (without food service) C
Food service establishments (with or without incidental
serving of beer or wine) and without a cocktail lounge, live
entertainment and/or dancing
(1) 1,000 sq. ft. or less in size P
(2) More than 1,000 sq. ft. in size CZ
Food service establishments with a cocktail lounge, live
entertainment and/or dancing
CZ
Live entertainment and/or dancing (without food service) C
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, see Section
14.16.277 standards. For outdoor
eating areas on parking spaces within
the public right-of-way, see Chapter
11.70—"Streetaries" Outdoor Eating
Areas.
Retail and Office Uses
Retail and administrative, business and professional office
uses listed as permitted or subject to use permit in general
commercial district
P/C/A* *See "Retail" heading in the General
Commercial district for permitted and
conditional retail and office uses. Non-
marine related office use allowed on
second floor or above in a mixed-use
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building. Ground floor non-marine
office use is not allowed.
Public and Quasi-Public Uses
Public utility facilities C
Residential and Visitor Accommodation Uses Allowed on the second floor or above
in a mixed-use project.
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.
(Ord. 1838 § 28, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 25, 26, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 2016 , § 5, 10-3-2022)
14.08.030 Property development standards (M).
NR: Not required unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site
development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these
standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to
review and design guidelines and criteria for development.
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Table 14.08.030
M Additional
Standards
Minimum lot area (sq. ft.) 6,000
Minimum lot area/dwelling unit (sq. ft.) (Max. residential intensity) 2,000 (G)
Floor area ratio (Max. non-residential intensity) * *See Section
14.16.150
Minimum lot width (ft.) 60
Minimum yards:
Front (ft.) NR (A)
Side (ft.) NR (A)
Rear (ft.) NR (A)
Maximum height of structure (ft.) 36 (B), (C), (D)
Minimum landscaping 10% (E)
Usable outdoor area (F)
Parking * *Based on use.
See Section
14.18.040.
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as
required for that residenti14al district, and when the side and/or rear of the lot(s) abuts a residential
district, the respective side and/or rear yard shall be ten feet (10′).
(B) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter
14.24, Exceptions. Lower height may be required consistent with the canalfront review overlay district,
Chapter 14.15.
(C) Buildings existing or approved as of January 1, 1987, which are more than three (3) stories in height
shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3)
stories.
(D) Hotels have a four-story height limit. A five-story height may be approved as part of an environmental
and design review permit by the planning commission if it finds that the hotel will provide a significant
community benefit, and the design is consistent with this title.
(E) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
(F) Provision of usable outdoor area is encouraged in residential development as part of a mixed -use
project.
(G) A density bonus may be granted, as provided for in Section 14.16.090.
(Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 27, 28, 6-21-2010)
Chapter 14.09 PUBLIC/QUASI-PUBLIC DISTRICT (P/QP)
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14.09.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the public/quasi -
public district include the following:
A. To provide sites for governmental, educational, public safety, public utility, residential and public
transportation facilities.
B. To provide site opportunities for recreation and nonprofit community service facilities.
(Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).
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 and Community Uses
Community Gardens P Subject to
Performance
Standards Outlined in
Chapter 14.17.
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 or paramedics) 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
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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
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
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Accessory structures and uses customarily incidental to a permitted use and
contained on the same site.
P See Chapter 14.16
regulations.
(Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part),
1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 8, 11-19-2018)
14.09.030 Property development standards (P/QP).
NR: Not required unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site
development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these
standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to
review and design guidelines and criteria for development.
Table 14.09.030
P/QP Additional Standards
Minimum lot area (sq. ft.) NR
Minimum lot area/dwelling unit (sq. ft.) (Max. residential intensity) 1,800
Floor area ratio (Max. non-residential intensity) * * See Section 14.16.150
Minimum lot width (sq. ft.) NR
Minimum yards:
Front (ft.) NR (A)
Side (ft.) NR (A)
Rear (ft.) NR (A)
Maximum height of structure (ft.) 36 (B), (C)
Maximum lot coverage NR
Minimum landscaping 10% (D)
Parking * * Based on use. See
Section 14.18.040
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as
required for that residential district, and when the side and/or rear of the lot(s) abuts a residential
district, the respective side and/or rear yard shall be ten feet (10′).
(B) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter
14.24, Exceptions.
(C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height
shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3)
stories.
(D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
(Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 29, 30, 6-21-2010)
Title 14 - ZONING*
Division II - BASE DISTRICT REGULATIONS
Chapter 14.10 PARKS/OPEN SPACE DISTRICT (P/OS)
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Chapter 14.10 PARKS/OPEN SPACE DISTRICT (P/OS)
14.10.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of the parks/open space
district include the following:
A. To provide appropriately located land throughout the city for public parks;
B. To provide opportunity for recreational uses in public parks;
C. To promote an integrated pattern of open space areas within the city to serve as visual greenbelts and
community separators and to protect environmental resources;
D. To protect the public health and safety by limiting lands subject to flooding, slides or other hazards to
open space use;
E. To preserve baylands, waterways and wetlands as open space;
F. To retain open space land in a natural open state;
G. To discourage public utility facilities in open space areas to minimize harm to the area's visual quality;
H. To allow low-intensity, passive recreational uses within open space areas and provide opportunity in
appropriate locations for more intensive uses of open space which are consistent with the preservation
of open space natural values and have minimal impacts on the environment.
(Ord. 1625 § 1 (part), 1992).
14.10.020 Land use regulations (P/OS).
P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed.
Table 14.10.020
Type of Land Use P/OS Additional Use
Regulations
Open space, public
Animal grazing C
Animal husbandry C
Community Gardens CZ Subject to
performance
standards outlined in
Chapter 14.17.
Horse keeping C
Riding stables C
Picnic area C
Trails (bicycle, equestrian, pedestrian) C
Wildlife preserves or sanctuaries P
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Open space, private P* *Any of the uses listed
under public open
space, subject to any
additional restrictions
or other approved
uses on an easement,
grant, deed, map of
record or private
covenant.
Public parks, playgrounds and recreation facilities P
Private concessions in public parks C
Public/Quasi-Public Uses
Public facilities
Public and utility facilities (including pump stations, utility substations,
storm drainage ponds and water tanks, and excluding corporation,
maintenance or storage yards)
C
Sewage or water treatment facilities, including wastewater ponds and
irrigation areas
C
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.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 9, 11-19-2018)
14.10.030 Property development standards (P/OS).
NR: Not required, unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site
development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these
standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to
review and design guidelines and criteria for development.
Table 14.10.030
P/OS Additional
Standards
Minimum lot area (sq. ft.) NR
Minimum lot width (ft.) NR
Minimum yards:
Front (ft.) NR
Side (ft.) NR
Rear (ft.) NR
Maximum height of structure 36 (A)
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Parking * * Based on use.
See Section
14.18.040
(A) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter
14.24, Exceptions.
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 31, 32, 6-21-2010)
Chapter 14.11 WATER DISTRICT (W)
14.11.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the purposes of the water district include the
following:
A. To promote the waters of San Rafael as a navigable waterway and viable boating/maritime district;
B. To provide opportunities for limited water-dependent uses which require access to the water as a
central element of its basic function, and which contribute to the maritime character of the district;
C. To provide opportunities for marine-related recreation;
D. To protect property from erosion from storms and high tides;
E. To improve water quality by preventing or reducing pollution caused by any means;
F. To protect and enhance wildlife habitat;
G. To provide opportunities for education and scientific research.
(Ord. 1625 § 1 (part), 1992).
14.11.020 Land use regulations (W).
P: Permitted by right; C: Conditional use permit: A: Administrative use permit; Blank: Not allowed.
Table 14.11.020
Type of Land Use W Additional Use Regulations
Boat docking facilities
Ancillary use to a single-family residence P
Part of a marina or other nonresidential use C
Boat launching ramps C
Boat storage, wet P At docking facilities only or
in areas designated by
Chapter 17.20.
Charter boat businesses P At docking facilities only or
in areas designated by
Chapter 17.20.
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Commercial fishing, shell fishing and trapping C
Open space, private C Limited to outdoor water-
oriented recreational
activities such as canoeing,
boating and fishing.
Open space, public P* As permitted by the open
space management plan
and/or park master plan. If
a plan has not been
adopted, then a use permit
is required.
Pier or wharf C
Parks, public, and recreation facilities P*
Recreation facilities, private, outdoors C Limited to outdoor water-
oriented recreational
activities such as canoeing,
boating and fishing.
Terminal, ferry or similar marine transportation C
Wildlife preserve or sanctuary P
Public/Quasi-Public Uses
Public facilities
Public and utility facilities P
Public improvements (bridges, roads, seawalls, levees) P
Schools, sailing, boating, etc. C
Temporary Uses
Temporary uses C
Accessory Structures and Uses
Accessory structures and uses customarily incidental to a permitted use
and contained on the same site.
C See Chapter 14.16
regulations.
(Ord. 1625 § 1 (part), 1992).
14.11.030 Property development standards (W).
NR: Not required, unless otherwise noted in Additional Standards.
Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site
development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these
standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to
review and design guidelines and criteria for development.
Table 14.11.030
W Additional Standards
Minimum lot area (sq. ft.) NR (A)
Minimum lot width (feet) NR
Minimum yards:
Front (ft.) NR (B)
Side (ft.) NR (B)
Rear (ft.) NR (B)
Maximum height of structure (feet) 36
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Maximum lot coverage (percent) NR (A), (C), (D), (E), (F)
Parking * * Based on use. See
Section 14.18.040
(A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of Section
14.13.040(G), Fill. A use permit shall be required consistent with Sections 14.13.050, Application for a
use permit, and 14.13.070, Findings. (Note: Fill in open waters is also subject to issuance of a tidelands
permit from the department of public works, and any other permit required by local, state or federal
law.)
(B) Development should not encroach into sensitive wildlife habitat areas, limit normal range areas or
create barriers which cut off access to food or shelter.
(C) Other proposed activities, such as dredging within tidelands and/or open waters, requires a tidelands
permit from the department of public works and may require other permits.
(D) Public access to the water or shoreline should be provided as identified on the recreation plan and the
canal land use and access map of the general plan, and is encouraged elsewhere where appropriate.
(E) Views of the water shall be provided as identified on community design map A of the general plan, and
is encouraged elsewhere through project design.
(F) For setbacks from creeks, the San Rafael Canal and drainageways, see Section 14.16.080, Creeks and
other watercourses. For setbacks from wetlands, see Section 14.13.040(B), Wetland Setbacks.
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 33, 34, 6-21-2010)
Division III OVERLAY DISTRICT REGULATIONS
Chapter 14.12 HILLSIDE DEVELOPMENT OVERLAY DISTRICT (-H)
14.12.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the purposes of the hillside development
overlay district include the following:
A. To protect public health and safety by minimizing hazards, including seismic and landslide risks, soil
erosion and fire danger associated with development on steep and/or unstable slopes;
B. To encourage preservation of natural hillside features;
C. To ensure adequate emergency access by providing on-site parking;
D. To implement the residential site design policies of the general plan and the Hillside Residential Design
Guidelines Manual.
(Ord. 1625 § 1 (part), 1992).
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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 designations. 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
designations.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 35, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
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. Subsections B, F, G, and I shall not apply to SB 9 Housing
Developments (regulated by Section 14.15.282) or urban lot splits (regulated by Chapter 15.155—Urban Lot Splits).
A. Building Stepback. A building stepback is established to limit the height of structures to avoid excessive
building bulk. The required stepback shall be follows:
1. On any downhill slope a twenty-foot (20′) height limit measured from existing grade shall be
observed. This height limit shall be construed to mean that wall planes shall be broken into single
wall heights of no more than twenty feet (20′) beyond which a stepback of at least five feet (5′) is
required, unless otherwise determined through the environmental and design review permit
process. Regardless, the maximum overall building height shall not exceed the height allowed by
the zoning district.
2. On non-downhill slope, walls facing front and side property lines shall have 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 on non-downhill
slopes, an encroachment into the street front, street side and interior side stepback is permitted
along twenty-five percent (25%) of the building length.
Note: Please refer to the San Rafael Hillside Design Guidelines for examples.
B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more than one -
half (½) of the required yard or setback provided that the decrease minimizes the impact of hillside
development and grading, subject to approval by the hearing body of an environmental and design
review permit, with the recommendation of the design review board that the decrease minimizes the
impact of hillside development and grading. If such a reduction is granted, a compensating increase in
setback is required in the opposing setback, i.e., a five-foot reduction in a front yard setback would
increase the rear yard setback by five feet (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
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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.
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
F. Parking Requirements. On streets less than twenty -six feet (26') wide, a minimum of two (2) additional
on-site parking spaces shall be provided (not on the driveway apron) for single-family residential
development. These spaces should be conveniently placed relative to the dwelling unit which they
predominately serve. This requirement may be waived or reduced by the hearing body when deemed
appropriate or necessary to reduce the need for excessive grading or tree removal, and suitable off-site
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parking is determined to be available. Further, vehicles should not be allowed to back -out onto a street
less than twenty-six feet (26') wide unless approved by the hearing body as necessary to reduce the
need for excessive grading or tree removal, or lessen driveway slope, and adequate sight distance,
maneuvering area, driveway area, and backup space (which may include paved right -of-way) are
provided to facilitate safe and efficient vehicle ingress/egress, as recommended by the public works
department, fire marshal and community development director. Driveway and maneuvering areas shall
consist of suitable all-weather pavement or permeable hardscape surface approved by the city.
G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject to
the slope tables established under Chapter 15.07 of the subdivision ordinance.
H. Street and Driveways. New street and driveway grades shall not exceed eighteen percent (18%) unless
an exception has been granted by the hearing body, and the design has been recommended by the
design review board public works director and fire marshal to allow a driveway or street slope up to a
maximum twenty-five percent (25%) grade. Streets and driveways with slopes over fifteen percent
(15%) shall be a permanent, durable, non-asphalt hardscape surface. Streets and driveways with slopes
over 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. Fur ther, the design of the
driveway apron at the garage shall be subject to review and recommendation from 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.
(Ord. 1838 § 29, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 36—38, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) §
10, 11-19-2018; Ord. No. 2013 , § 4, 8-1-2022)
14.12.040 Exceptions to property development standards.
City Council Exception Required. Exceptions to the property development standards of this chapter may be
approved by the city council, upon the recommendation of the design review board and the planning commission,
when the applicant has demonstrated that alternative design concepts carry out the objectives of this chapter and
are consistent with the general plan based on the following criteria:
A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve
the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and
compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural
setting; and
B. Alternative design solutions which minimize grading, retain more of the project site in its natural state,
minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably
superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to
nearby structures.
This section shall not apply to SB 9 Housing Developments (regulated by Section 14.15.282) or urban lot
splits (regulated by Chapter 15.155—Urban Lot Splits).
(Ord. 1663 § 1 (part), 1994).
(Ord. No. 1882, Exh. A, § 39, 6-21-2010; Ord. No. 2013 , § 4, 8-1-2022)
Title 14 - ZONING*
Division III - OVERLAY DISTRICT REGULATIONS
Chapter 14.13 WETLAND OVERLAY DISTRICT (-WO)
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Chapter 14.13 WETLAND OVERLAY DISTRICT (-WO)
14.13.010 Specific purposes.
Wetlands are indispensable and fragile natural resources subject to flooding, erosion, soil -bearing capacity
limitations and other hazards. Destruction of or damage to wetlands threatens public safety and the general
welfare. In addition to the general purposes listed in Section 14.01.030 and the purposes of the underlying zoning
district, the purposes of the wetland overlay district include the following:
A. To preserve and enhance the remaining wetlands in San Rafael by encouraging their use only for
purposes compatible with their natural functions and environmental benefits;
B. To prohibit in wetlands and discourage at adjacent upland sites those development activities that may
adversely affect wetlands;
C. To design development to avoid or minimize adverse impacts on wetland habitat;
D. To encourage restoration of wetland sites;
E. To prevent loss of life, property damage and other losses and risks associated with flooding by
providing floodwater passage for stormwater runoff and floodwaters that coincide with high tides;
F. To protect property values by preventing damage from erosion from storms and high tides;
G. To contribute to improved water quality by preventing or reducing increases in pollution caused by any
means;
H. To protect and enhance wildlife habitat, including that of rare, threatened and endangered plant and
animal species;
I. To provide sites for education and scientific research;
J. To provide opportunities for recreational activities compatible with wetland habitat.
(Ord. 1625 § 1 (part), 1992).
14.13.020 Criteria for establishment of wetland overlay (-WO) district for identified and
unidentified wetlands.
A. These regulations shall apply to all properties located within the city of San Rafael that contain wetlands. The
wetland overlay district that is classified on the city's zoning map is applied and adopted on those properties
which contain wetlands that have been identified and confirmed by the U.S. Army Corps of Engineers. An
inventory of properties that contain known and confirmed wetlands is available in the community
development department.
B. Wetlands are known to exist throughout the community that are not identified or shown in the wetland
overlay district, as they are typically discovered and confirmed as part of a site-specific assessment.
Nonetheless, all wetlands are protected under all of the terms and provisions of this chapter. 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.
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C. Submerged properties and tidelands lots that are located within the Water (W) District require compliance
with the provisions of the -WO District, except that such properties need not be rezoned to the -WO District.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.13.030 Land use regulations (-WO).
P: Permitted by right; C: Conditional use permit; Blank: Not allowed.
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Table 14.13.030
Type of Land Use WO Additional Use Regulations
Underlying Zoning District Uses C (A), (B), (C), (D)
Open Space/Parks/Recreation
Agriculture, cultivation of crops C Excludes cultivation of cannabis,
which is prohibited throughout
the City of San Rafael
Open space, private
Uses allowed in a public open space C (A), (B), (C), (D)
Uses allowed in a private covenant C (A), (B), (C), (D)
Open space, public
Animal grazing P* *As permitted by the open
space management plan and/or
park plan conforming with the
wetland use regulations. If a
plan has not been adopted,
then use regulations (A), (B), (C)
and (D) apply with a use permit.
Animal husbandry P*
Horse keeping P*
Riding stables P*
Picnic areas P*
Trails P*
Public parks, playgrounds and recreation facilities P*
Private concessions in public parks P*
Recreation facilities, private (indoors and outdoors) C (A), (B), (C), (D)
Wildlife preserves or sanctuaries C (A), (B), (C), (D)
Public/Quasi-Public Uses
Public facilities
Public and utility facilities (pump stations, utility substations, storm
drainage, ponds, water tanks, transmission facilities)
P*
Public improvements (bridges, roads and levees) P*
Sewage or water treatment facilities, including wastewater ponds
and irrigation areas
P*
Schools
Parochial, private C (A), (B), (C), (D)
Public C (A), (B), (C), (D)
(A) In wetlands, the only uses allowed are the construction and maintenance of water-related structures
such as piers, docks, walkways, observation decks and shelters, fences, wildlife management shelters,
stormwater pumps and bridges.
(B) Provided that any and all necessary permits or approvals required by local, state or federal law shall be
obtained.
(C) Uses in or near wetland areas shall be controlled or designed to have minimal adverse impact on
wetland habitat.
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(D) Recreation/scientific activities in or near wetlands should be low intensity uses, such as bird watching,
fishing, nature photography and study, wildlife observation and scientific research and education.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1955 , (Exh. A, § 7), 3-19-2018)
14.13.040 Property development regulations (-WO).
The required and applied development standards shall be those standards adopted for the underlying zoning
district with which a -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 (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 the natural contour of
the wetland and to minimize impairment, alteration or loss of wetlands.
B. Wetland Setbacks.
1. A wetland setback shall be measured from the edge of a wetland, as determined through
application of the procedures in Section 14.13.05(A), Determination of wetland boundaries. The
setback from a creek or drainage way wetland, or from the San Rafael Can al, 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, a development -free setback of fifty
feet (50'), including but not limited to paving and structures, shall be required. A wetland setback
of greater than fifty feet (50') in width may be required on properties larger than two (2) acres in
size, as determined through the site development review process.
3. 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
ten percent (10%) of the minimum setback requirement. A minor encroachment may be granted
provided that the following can be demonstrated by a qualified wetland expert to the satisfaction
of the city:
a. The reduced setback or minor encroachment adequately protects the functions of the
wetland to the maximum extent feasible; and 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 Measures within Wetland Setback. Within the wetland setback, appropriate measures, such as
fencing and screening, landscaping, and natural habitat areas are required to minimize adverse impacts
on wetlands and wetland habitat.
D. Landscaping and Vegetation within Wetland Setback. Landscaping 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.
E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent
the disruption or degradation of adjacent wetlands. Best -management practices shall be required to
minimize siltation, sedimentation and erosion, subject to approval by the department of public works.
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To ensure that sediment remains on the site and is not transported into wetlands, erosion and
sediment controls shall be left in place until the site is stabilized with permanent vegetation.
F. Stormwater Runoff. Stormwater runoff systems shall be designed to:
1) 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 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. 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 reducing the size, scope, configuration,
intensity 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 it is demonstrated that wetland fill cannot be avoided, the planning
commission may approve a use permit to authorize this fill, provided that the filled wetland is
replaced, in-kind and on-site at a minimum ratio of 2:1 (two (2) acres of new wetland for every
one (1) 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. 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.
2. Waiver. A waiver to the fill regulations may be granted by the planning commission for fill of
small wetlands that are 0.1-acre in size provided that:
a. the wetland is isolated meaning that it is not within, a part of, directly connected with or
hydrologically-linked by natural flow to a creek, drainageway, wetland or submerged
tidelands;
b. it is demonstrated by a qualified wetland expert the preservation of the wetland is not
practical as it would not result in a functioning, biological resources because of its isolation;
c. the city has determined that filling will result in a more appropriate and desirable site plan
for the project; and
d. the city consults with and considers comments received from the appropriate resource
agencies with wetland oversight (e.g., California Department of Fish and Wildlife and/or
California Regional Water Quality Control Board).
H. Incentives for Wetland Creation. To encourage the creation of new wetland areas, an exception to the
property development regulations of the underlying zoning district pertaining to setbacks, height,
landscaping and useable outdoor area may be granted consistent with Section 14.13.080(A), Incentives
for wetland creation.
I. Wetland Vegetation. Removal of wetland vegetation or changing of drainage characteristics by private
parties which adversely affects wetlands shall be avoided and requires a use permit (see Section
14.13.070, Findings).
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
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14.13.050 Application for a use permit.
A. Determination of Wetland Boundaries. The specific boundaries of a wetland shall be determined by one (1)
of the following methods:
1. The U.S. Army Corps of Engineers will, at the request of the applicant, make a jurisdictional
determination delineating wetland boundaries; or,
2. A qualified wetland expert, at the request of the applicant, may identify the wetland boundary in
accordance with the procedures specified in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, as most recently adopted. The Corps shall verify the accuracy of, and may
render adjustments to, the boundary delineation. The wetland boundaries shall be those with which
the Corps concurs. Corps concurrence shall occur prior to issuance of a building and/or grading permit.
Should there be an adjustment by the Corps to a wetland boundary which affects wetland setbacks or a
use permit for fill, a use permit amendment shall be required, consistent with Chapter 14.22, Use
Permits.
3. For development where no fill of wetlands is proposed, a qualified wetland expert, at the expense of
the applicant, may identify the wetland boundary in accordance with the procedures specified in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as most recently adopted. In
lieu of Corps verification of the delineation, the applicant may pay the city for the hiring of an
independent, qualified wetlands biologist to verify and, if necessary, modify the wetland boundaries.
B. Agency/Organization Consultations. The applicant for a use permit is strongly encouraged to consult with the
U.S. Army Corps of Engineers, as well as the U.S. Environmental Protection Agency, U.S. Fish and Wildlife
Service, California Department of Fish and Game, California Coastal Conservancy, California State Lands
Commission, San Francisco Bay conservation and development commission, San Francisco Bay regional water
quality control board, Marin-Sonoma mosquito abatement district and any other appropriate agencies or
organizations early in the planning process. The application for a use permit should include a record of the
persons consulted in each of the appropriate agencies or organizations.
C. Required Information. In addition to the above requirements, the following information shall be submitted
by an applicant for a use permit in the wetland overlay district.
1. Project description with an assessment of impacts of the proposed use and development on wetlands
and associated wildlife, including adjacent wetlands and adjacent uplands. For development which
proposes a wetland setback less than one hundred feet (100′) on a lot larger than two (two) acres in
size, and/or a setback from a drainageway, include a description of how the proposed setback
adequately protects the value of the wetland habitat. For development which proposes fill in a
wetland, include the following:
a. An explanation of why the proposed development cannot be accomplished by a reduction in the
size, scope, configuration or density of a development,
b. A biological assessment of the current habitat values of any wetlands proposed to be lost
including local and regional habitat values,
c. Identify mitigation site(s) and how it would be permanently protected;
2. Project purpose, stating the general function and objectives of the development, and showing that, if
achieved, the proposed avoidance or mitigation measures would result in no net loss of wetlands;
3. Wetland map drawn to scale, delineating the extent of the wetland(s) on the site; indicating the
jurisdictional boundaries of the Corps and other public agencies; mapping soil and vegetation types
according to the classification system outlined in the Federal Manual for Identifying and Delineating
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Jurisdictional Wetlands as most recently adopted; and, showing water sources with a general
characterization of the wildlife habitat;
4. Site plan showing the location and dimensions of all existing and proposed structures, roads and other
installations within two hundred feet (200′) of the wetland boundaries, both on -site and off-site; and
the relationship of the proposed activity and any potentially affected wetland to the entire site owned
by the applicant;
5. Grading and drainage plan showing elevations of the site and adjacent lands within a minimum of two
hundred feet (200′) of the wetland boundaries, both on -site and off-site, at one (1) foot contour
intervals; water sources; the location and specifications for all proposed filling, grading and vegetation
removal, including the amounts and methods; and drainage patterns. Demonstrate acceptable erosion
and sedimentation control, appropriate stormwater runoff management and adequate wildlife habitat
protection during the construction period;
6. Construction schedule of the proposed construction sequence, showing when each stage of the
development will be completed, including the total area of soil surface to be disturbed during each
stage and estimated starting and completion dates. In no case shall the existing natural vegetation be
destroyed, removed or disturbed more than fifteen (15) days prior to initiation of the construction
activities.
D. Modifications to List of Required Information. The planning director may, prior to determination of
completeness date, waive the submission of listed information, or may require additional information when
necessary to verify compliance with the provisions of this chapter, or to evaluate the proposed use.
(Ord. 1625 § 1 (part), 1992).
14.13.060 Conditions of approval.
In approving a use permit, the planning commission may impose reasonable conditions. If a use adversely
affects existing wetlands, such as altering hydrological conditions, the use permit application may be denied, or
mitigation measures may be required. Where fill is proposed, wetland restoration or creation shall be required,
accordant with Section 14.13.080(C), Required wetland restoration or creation. Where applicable, and as a
condition of approval prior to issuance of a building permit, the following may be required by the planning
department:
A. Verification of Corps concurrence with the applicant's determination of wetland boundaries; and/or,
B. A Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of Engineers;
and/or,
C. A letter from the California State Department of Fish and Game stating compliance with its Wetlands
Policy; and/or,
D. A Certificate of Conformance With Water Quality Standards issued by the State Water Resources
Control Board; and/or,
E. A permit from the bay conservation and development commission.
(Ord. 1625 § 1 (part), 1992).
14.13.070 Findings.
A. Uses Within a Wetland. The planning commission may approve an application for a use permit for a
proposed use within a wetland as allowed in Section 14.13.030, Land use regulations, if it is found that the
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proposed use is consistent with the purposes of Section 14.13.010, Specific purposes, and that the proposed
use:
1. Is a water-related structure as identified in Section 14.13.030, Land use regulations; and,
2. Minimizes impairment to the wetland's functional characteristics, existing contour and wildlife habitat;
and,
3. Complies with all wetland regulations contained herein; and,
4. Cannot be accomplished by a reduction in the size, scope, configuration or density of the development
as proposed, or by changing the design of the development in a way that would avoid or result in fewer
adverse effects on the wetland.
B. Uses Outside of a Wetland. The planning commission may approve an application for a use permit for a
proposed use outside a wetland as allowed in Section 14.13.030, Land use regulations, if it is found that the
proposed use is consistent with the purposes of the base district, and:
1. Minimizes impairment to the adjacent wetland's functional characteristics and wildlife habitat; and,
2. Complies with all wetland regulations contained herein.
(Ord. 1625 § 1 (part), 1992).
14.13.080 Wetland restoration and creation.
A. Incentives for Wetland Creation. Where a property owner proposes to expand an existing on -site wetland,
and where no fill in an existing wetland is proposed, the planning commission may grant an exception to the
property development standards of the underlying base district. An exception shall not be granted for
wetlands created as a condition of approval for fill in a wetland, and is limited to the following site
development regulations:
1. Setbacks. The minimum setbacks from the lot lines of the underlying zoning district may be decreased
where the proposed setback is in character with the surrounding development, and where such
decrease will not unreasonably affect abutting sites nor reduce wetland setbacks.
2. Height. The maximum allowed building height for a residential structure may be increased to no
greater than thirty-six (36′) feet where scenic views or solar access on surrounding properties are not
affected, and where the proposed height is in character with the surrounding development.
3. Landscaping. Wetlands may be included as fulfilling part of the landscaping requirements, except that
the requirement for parking lot landscaping shall be met.
4. Usable Outdoor Area. Wetlands may be included as fulfilling part of the usable outdoor area
requirements of this title where the building and landscape design is such that the residents of the
building may participate in passive outdoor recreational act ivities such as bird watching, fishing and
nature photography.
B. The planning commission may approve an exception to the property development standards of the
underlying base district, if it finds that:
1. The proposed development is consistent with the intent of the provisions of the underlying zoning
district development regulations and with other applicable provisions of this title;
2. The proposed development adequately protects the value of the wetland habitat; and,
3. There is a net gain in wetland quality and no fill in or damage to existing wetlands on the site.
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C. Required Wetland Restoration or Creation. The purpose of this section is to prevent a loss of wetlands by
ensuring new wetlands when fill is proposed. Wetland restoration or creation shall be required for fill in a
wetland, per Section 14.13.040(G), Fill. Wetland restoration or creation shall meet the following minimum
standards and shall occur pursuant to an approved wetland management plan (Section 14.13.090):
1. On-Site Wetland Restoration or Creation. The restoration or creation of wetlands shall be of at least
equal quality and of a similar type to that of the existing wetlands, and on or adjacent to the site,
where possible.
2. Off-Site Wetland Restoration or Creation. Where the applicant has demonstrated to the planning
commission that restoration or creation on-site or adjacent to the site is infeasible due to technical
constraints, such as lot or wetland size or wetland type, or that a wetland of a different type or location
is strongly justified based on regional needs or the functional value of the impacted wetland, the
planning commission may accept or recommend an alternative proposal for restoration or creation of a
wetland off-site.
3. Timing of Wetland Restoration or Creation. Restoration or creation of wetlands should be completed
prior to construction of the development. Where implementation of a development would adversely
affect mitigation efforts, construction activities may be started prior to restoration or creation of
wetlands.
(Ord. 1625 § 1 (part), 1992).
14.13.090 Wetland management plan.
An applicant for a use permit for fill shall be required to submit a wetland management plan prepared by a
qualified wetlands expert. An applicant for a use permit for a conditional use in a wetland, or as part of
environmental review under the California Environmental Quality Act may be required to prepare a wetland
management plan.
A. Required Information. A wetland management plan shall include any or all of the following items as
deemed necessary by the planning director:
1. Goals and objectives, including a description of the functional relationships sought in the new
wetland, such as habitat areas, topography and soil characteristics, water flow patterns and
water levels, and upland buffers;
2. Wetland preservation, restoration, and creation techniques and standards, identifying the
location and size of wetland areas to be preserved, restored or created, and including:
a. Water-quality parameters, water source, water depths, water-control structures and
water-level maintenance practices needed to achieve the necessary ambient water
conditions and characteristics,
b. Planting plans (identifying target wildlife species) specifying plant species, quantities,
locations, size, spacing or density; source of plant materials or seeds; timing, season, water
and nutrient requirements for planting; and, plant protection measu res,
c. Site preparation specifications for, if needed, soil amendments, removal of unsuitable fill
and weed control,
d. Wetland protection measures for minimizing impacts during grading and construction, and
for minimizing disturbances to wildlife habitat,
e. Mosquito management, demonstrating ecological mosquito control developed in
consultation with the Marin-Sonoma mosquito abatement district, and
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f. For wetland creation, identification of disposal area for any dredged material;
3. Implementation and monitoring plan, providing:
a. Specific criteria for evaluating whether or not the goals of the wetland management plan
are being achieved at various stages in the development,
b. Specifications for irrigation as needed, removal of exotic and nuisance vegetation, and
maintenance,
c. Responsibility for monitoring the hydrology, vegetation and wildlife of the wetland with a
specified monitoring time frame (five (5) years recommended for tidal marshes and ten
(10) years recommended for other wetlands),
d. Provision for correction of design defects in the plan and any needed plant replacement,
e. Identification of method(s) used to ensure that the wetland will be protected in perpetuity;
4. Management organization, demonstrating fiscal, administrative and technical competence of
sufficient standing to successfully execute the overall development;
5. Cost estimate, sufficient to cover the cost of implementing and maintaining the wetland. In
addition, bonds ensuring fulfillment of the development may be required.
B. Approval of a Wetland Management Plan. A wetland management plan may be approved, approved
with conditions or disapproved by the planning commission, with the commission's decision appealable
to the city council, upon finding that it is consistent with the purposes of this chapter.
(Ord. 1625 § 1 (part), 1992).
14.13.100 Enforcement.
In the event of illegal fill or similar activity, such as grading, dredging, removal of wetland vegetation by
private parties or changing of drainage characteristics by private parties which adversely impacts a wetland, the
city council shall have the power to order wetland restoration and creation measures for the damaged or
destroyed wetland area by the person or agent responsible for the violation, consistent with the fill regulations in
Section 14.13.040(G), Fill. If the responsible person or agent does not complete such measures within a reasonable
time following the order, the city may undertake to restore the affected wetland to its prior condition and/or
create or restore other wetlands for the purpose of offsetting losses sustained as a result of th e violation at the
expense of the property owner and/or the person or agent responsible for the violation. Covered expenses include
all wetland restoration or creation costs as well as administration and enforcement costs. To guide restoration and
creation actions, the planning department shall have the power to order the property owner and/or the person or
agent responsible for the violation to develop a plan as described in Section 14.13.090, Wetland management
plan.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.14 EICHLER AND ALLIANCE HOMES OVERLAY DISTRICT (-E/A)
14.14.010 Specific purposes.
The Eichler and Alliance Homes overlay district is intended to modify the site development regulations of the
R residential districts to preserve and maintain the predominately single-story and unique design character of
neighborhoods composed exclusively of Eichler and Alliance homes.
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(Ord. 1819 § 1 (part), 2004).
14.14.020 Property development standards.
For sites within the Eichler and Alliance Homes overlay district, the following site development regulations
shall apply in lieu of the otherwise applicable site development regulations of Section 14.04.030:
a. Height. The maximum height shall be seventeen feet (17′), as measured from grade to the peak of the
roof.
b. Habitable Floor Limitations. There shall be a limit of one habitable floor. Habitable floors include lofts,
mezzanines and similar areas.
(Ord. 1819 § 1 (part), 2004).
14.14.030 Design review of roof modifications.
Modifications which increase the height of roof structures by more than six inches (6") or change the roof
pitch, including the creation of raised or sloping roofs, covered atriums that exceed the existing roof height,
clerestories or exposed exterior ducting, but excluding the addition of solar collectors, shall be subject to design
review as set forth in Section 14.25.040(C) of this title. The measurement of the increase in roof height for building
additions shall be made from the immediately adjacent roof elevations.
(Ord. 1838 § 30, 2005: Ord. 1819 § 1 (part), 2004).
Chapter 14.15 CANALFRONT REVIEW
OVERLAY DISTRICT (-C)
14.15.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, Purposes, and the purposes of the underlying
zoning district, the specific purposes of the canalfront review overlay district include the following:
A. Protect the unique physical and social characteristics of the canalfront area;
B. Enhance the canalfront orientation of existing structures;
C. Insure canalfront-oriented design in new development;
D. Improve public views and access to the canalfront;
E. Promote design excellence by encouraging creative development project design and the innovative use
of materials and methods and techniques.
(Ord. 1625 § 1 (part), 1992).
14.15.020 Authority.
The planning commission, zoning administrator or planning director may approve, conditionally approve or
deny applications for an environmental and design review permit in the canalfront review overlay district. The
authority for determination on major, minor and administrative environmental and design review permits in the
canalfront review overlay district is identified in Section 14.25.020, Authority.
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(Ord. 1625 § 1 (part), 1992).
14.15.030 Application.
An application for an environmental and design review permit in the canalfront review overlay district shall
be initiated by submitting to the planning department a completed application form, signed by the property owner
or authorized agent, accompanied by the required fee and information as required by Section 14.25.030,
Application.
(Ord. 1625 § 1 (part), 1992).
14.15.040 Improvements subject to review.
No improvement subject to review in Section 14.25.040, Improvements subject to review, shall hereafter be
constructed, located, repaired, altered, expanded or thereafter maintained, except in accordance with a design
approved as consistent with the canalfront design review guidelines.
(Ord. 1625 § 1 (part), 1992).
14.15.050 Canalfront design criteria.
Development standards shall be those of the underlying zoning district with which the canalfront review
overlay district is combined, provided that the following mandatory requirements shall be in addition and shall
govern where conflicts arise. The discretionary guidelines are intended to assist the designer in understanding city
design policies for development in the canalfront area. The following criteria shall be in addition to the design
criteria of Section 14.25.050, Review criteria.
A. Site Design. Design factors which must be considered include the development of the canal as an
attractive amenity; orientation of the development to the canalfront; pedestrian and bicycle access
and linkages where appropriate; and canal view protection and enhancement. Setbacks along the canal
are required to preserve and enhance wildlife habitat, to provide public access and/or to provide for
levee maintenance.
B. Architecture. Low-scale buildings that protect public views of the water and which do not dominate the
canal shall be required. High quality waterfront-oriented design as viewed from the canal as well as the
street is encouraged.
C. Colors/Materials. Colors and materials shall be consistent with Section 14.25.050(F)(2), Materials and
Colors.
(Ord. 1625 § 1 (part), 1992).
14.15.060 Processing.
The application for a canalfront review overlay district design review permit shall be processed consistent
with the provisions of Chapter 14.25, Environmental and Design Review Permits.
(Ord. 1625 § 1 (part), 1992).
Division IV REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS
Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS
Chapter 14.16 SITE AND USE REGULATIONS
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Chapter 14.16 SITE AND USE REGULATIONS
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.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.020 Accessory structures.
An accessory structure (i.e., a customarily incidental structure detached from a principal building on the
same lot) shall comply with all requirements for principal buildings, with the following exceptions and additional
requirements:
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 shall
be in addition to all other standards regulating development 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 concurrent with or subsequent to
the construction of a principal building on 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 accessory structures in
residential districts:
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 may 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.
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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).
e. Detached accessory structures may only be placed between the front -facing wall of the
primary structure and the front setback with administrative design review, except as
allowed by Section 14.16.020.E.1.a. This requirement does not apply to garage or c arport
structures which must comply with the setbacks established by the applicable zoning
district.
2. Interior Side and Rear Yard Setbacks.
a. Zero-foot (0′) Setback. The following accessory structures may be located within the
required interior side and rear 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 improvements 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″) above grade.
b. Three-foot (3′) Minimum Setback. The following accessory structures may be located within
three feet (3′) of the rear and interior side yard property line:
i. Accessory structures greater than one hundred twenty (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 above grade.
c. Pools/in-ground spas. A setback of at least three feet (3′) or a distance equal to one -half (½)
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. Mechanical equipment shall subject to additional screening and setback requirements, as
specified in Section 14.16.320.
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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 accessory structures shall not exceed a maximum of thirty percent (30%)
of the required side or rear yard areas. Required front ya rd areas shall maintain at least forty-
percent (40%) pervious landscape area.
5. Height. The height of an accessory structure shall not exceed a height of fifteen feet (15′) except
as permitted through design review.
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
underlying zoning 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.
(Ord. 1802 § 4, 2003: Ord. 1731 § 2, 1998; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 11, 11-19-2018; Ord. No. 2002 , div. 9, 12-6-
2021)
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 hea lth. See Section 14.16.020 for Accessory
Structure standards and Chapter 14.25 for design review requirements.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.030 Affordable housing requirement.
A. Purpose and Intent. The purpose of this section is to enhance the public welfare and ensure that further
residential and nonresidential development projects within the city contribute to the attainment of
affordable housing goals and requirements by promoting and increasing, through actual construction and/or
alternative equivalent actions as provided for in this section, the development of rental and ownership
housing units for very low, low and moderate income households.
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B. General Requirements—Residential Development Projects. Any new residential development project with
dwelling units intended or designed for permanent occupancy shall be developed to provide affordable
housing units to very low, low and moderate income h ouseholds in perpetuity unless, in its sole discretion
and upon a finding of need pursuant to the Guidelines for the Administration of the Affordable Housing Trust
Fund, as adopted and amended from time to time by the city council, the city council reduces the time frame
to not less than forty (40) years.
1. Exemptions. This provision shall be imposed on all residential development projects except that the
following shall be exempt from the provisions of this section:
a. Projects that are the subject of development agreements in effect with the city and approved
prior to the effective date of the city council ordinance;
b. Projects where a building permit application has been accepted as complete by the city prior to
the effective date of this section; however, any extension or modification of such approval or
permit after such date shall not be exempt;
c. Any building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt
square footage of the residential portion of the building does not increase upon reconstruction;
d. Any residential development project of one (1) single family structure; and
e. Second units approved by the city of San Rafael pursuant to Section 14.16.285 of the San Rafael
Municipal Code.
2. Modification of Certain Approved Projects. Notwithstanding anything to the contrary in this section, for
any project that, as of the effective date of this section, has received final city approval but has not yet
commenced construction, the project applicant may apply to the city for a modification of the
affordable housing requirements of the approved project where the modified affordable housing
components of the project would be consistent with the requirements of this section and with the
Guidelines for the Administration of the Affordable Housing Trust Fund, as adopted and amended from
time to time by city council resolution. The request for modification shall be approved the decision -
making body that approved the project.
3. Affordable Housing Units—Percentage Required. Residential development projects shall provide
affordable housing units as described in the policies and procedures specified in the San Rafael City
Council's Guidelines for the Administration of the Affordable Housing Trust Fund, as adopted, and
amended from time to time by city council resolution, and any new residential development project
shall comply with such policy.
C. Density Bonus and Incentives. Upon a separate application by an applicant for a residential development
project of five (5) or more units that includes an eligible affordable housing project, including such residential
development projects that include housing for transitional foster youth, qualified student housing, land
donation, construction of a child care facility, or a qualified senior citizen housing development, shall be
eligible for a density bonus, as well as an additional concession or incenti ve or waiver/reductions of
development standards, consistent with the requirements of California Government Code Section 65915 and
as set forth by resolution adopted by the city council from time to time.
D. General Requirements—Nonresidential Development Projects.
1. Application. An affordable housing requirement is hereby imposed on all developers of nonresidential
development projects, including all construction of additional square footage to existing nonresidential
developments and conversion of residential square footage to nonresidential use, subject to the
following exceptions:
a. Any project involving new construction under five thousand (5,000) square feet;
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b. Residential components of a mixed -use project, which shall be subject to the requirements of
subsection B of this section;
c. A mixed-use project where the number of affordable units equals or exceeds the housing
required by subsection (I)(2) of this section for the gross square footage of nonresidential uses;
d. Projects where a building permit application has been accepted as complete by the city prior to
January 5, 2005; however, any extension or modification of such approval or permit after such
date shall not be exempt;
e. Projects that are the subject of development agreements in effect prior to January 5, 2005 where
such agreements specifically preclude the city from requiring compliance with this type of
affordable housing program;
f. Any nonresidential building that is damaged or destroyed by fire or other natural catastrophe if
the rebuilt square footage of the nonresidential portion of the building does not increase upon
reconstruction;
g. Project for which no nexus can be established between the proposed nonresidential
development and an increase in the demand for affordable housing.
2. Number of Affordable Units Required. Proposed nonresidential development projects shall provide
twenty percent (20%) of the total number of residential units needed to provide housing for project
employees in very low-, low- and moderate-income households, as set forth in Table 14.16.030-3 of
this section. Any decimal fraction greater than 0.50 shall be interpreted as requiring one additional
dwelling unit. For uses not listed in Table 14.16.030 -3 of this section, the community development
director shall determine the number of affordable units required based on comparable employment
densities to uses listed. In making such a determination, the decision of the community development
director shall be based on data concerning anticipated employee density for the proposed project
submitted by the applicant, employment surveys or other research on similar uses submitted by the
applicant or independent research, and/or such other data the director determines relevant.
Table 14.16.030-3
Number of New Very low, Low and Moderate
Income Units Required for
New Nonresidential Development
Development Type Number of New Very Low-, Low- and Moderate-Income Units (per 1,000
square feet of gross floor area1)
Office2 or Research and
Development uses
0.03
Retail, Restaurant or Personal
Service uses
0.0225
Manufacturing or Light Industrial
uses
0.01625
Warehouse uses 0.00875
Hotel or motel uses3 0.0075
;note; 1 ;hg;Floor area excludes all areas permanently used for vehicle parking.
;note;2 Includes professional, business and medical offices.
;note;3 Accessory uses to a hotel or motel, such as restaurant, retail and meeting facilities shall be subject to
requirements for a retail use.
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3. Provision of Units or In-lieu Fee. Required affordable housing units shall be provided on the same site
as the proposed nonresidential development, at an off-site location within the city, through dedication
of suitable real property for the required housing to the city, or through payment of an in-lieu fee, at
the discretion of the planning commission or the city council. The planning commission or city council
may accept off-site units or an in-lieu fee if it is determined that inclusion of the required housing units
within the proposed nonresidential development is not reasonable or appropriate, taking into
consideration factors including, but not limited to, overall project character, density, location, size,
accessibility to public transportation, and proximity to retail and service establishments; or where the
nature of the surrounding land uses is incompatible with residential uses in terms of noise or other
nuisances, health or safety hazards or concerns. Where the application of the affordable hou sing
requirement in Section 14.16.030.B results in less than one (1) unit or one (1) or more affordable
housing unit and a fractional unit, the applicant may choose to pay an in -lieu fee for the fractional unit
without the required findings noted above. Affordable housing units provided as part of the proposed
nonresidential development or at an off-site location shall meet the requirements of Section
14.16.030.B and I and shall be completed prior to or concurrent with the completion of construction of
the proposed nonresidential development, as the conditions of project approval shall specify.
4. Calculation and Payment of In-lieu Fee. The amounts and calculation of the housing in-lieu fee shall be
based on the following:
In-lieu fees shall be calculated as a percentage of the projected construction costs of the units.
Construction costs of the units shall mean the estimated cost per square foot of construction, site
development and land costs and permits and fees, as estab lished by standard construction cost indices
and/or surveys of local development projects such fees shall be established by resolution of the city
council, as amended from time to time. Unless otherwise preempted by law, or otherwise approved by
the planning commission or city council, the in-lieu fee shall be paid prior to the issuance of a building
permit for the proposed project.
E. Housing In-Lieu Fee Fund. The housing in-lieu fees shall be placed in a segregated citywide housing in-lieu fee
account. The funds in the housing in-lieu fee account, along with any interest earnings accumulated thereon,
shall be used solely to increase and expand the supply of housing affordable to very low-, low- and
moderate-income households, including, but not limited to, the following:
1. Design and construction of housing affordable to households of very low, low - and moderate-income
households, including costs associated with planning, administration and design;
2. Acquisition of property and property rights, including acquisition of existing housing units and the
provision of long-term affordability covenants on those units;
3. Other actions that would increase the supply of housing affordable to very low, low - and moderate-
income households;
4. Costs of program development and ongoing administration of the housing fund program;
5. Expenditures from the housing in-lieu fee fund shall be authorized solely by the city council and
controlled and paid in accordance with general city budgetary policies.
F. Enforcement. The city attorney is authorized to abate violations and to enforce the provisions of this section
and all implementing regulatory agreements and resale controls placed on affordable housing units, by civil
action, injunctive relief, and/or other proceeding or method permitted by law. The remedies provided for
herein shall be cumulative and not exclusive and shall not preclude the city from other remedy or relief to
which it otherwise would be entitled under law or equity.
(Ord. 1838 § 31, 2005; Ord. 1831 § 1 (part), 2004: Ord. 1749, 2000: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 41, 42, 6-21-2010; Ord. No. 1990 , div. 1.3, 3-1-2021)
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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
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
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 43, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 6.1), 8-16-2021)
14.16.045 Cannabis uses.
Specific medical cannabis uses are allowed by the Zoning Ordinance, as specified in the land use tables and
as defined by the definition chapter, including and limited to cannabis testing/lab (both medicinal and recreational
adult use), cannabis infused products (medicinal only), cannabis delivery (medicinal only) and cannabis distribution
(medicinal only). All other medicinal or recreational medical cannabis uses, such as dispensaries, cultivation, and
processing are prohibited.
The land use regulations contained pertaining to cannabis in this title do not apply to personal cultivation or
use of cannabis. Personal cultivation and use of cannabis shall be subject to state law and any limitation imposed
by state law.
(Ord. No. 1955 , (Exh. A, § 9), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) § 12, 11-19-2018)
14.16.050 Conservation areas—Development potential.
Open space/conservation areas identified on the general plan land use plan map shall be preserved through
the development review process and have no development potential. Mapped boundaries of conservation areas
are schematic and may be adjusted to a limited extent during development review.
(Ord. 1625 § 1 (part), 1992).
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14.16.060 Conservation of dwelling units.
A. Legal dwelling units, existing or approved as of January 1, 1991, shall be considered conforming uses, except
for such units in the marine, marine commercial, light industrial/office districts, and industrial districts, and
for single-family units in downtown mixed-use districts. Notwithstanding any land use regulations or
property development standards to the contrary contained in this title, such dwelling units may be replaced
or rebuilt in their existing location, provided that the number of units and bu ilding size shall be no greater
than that which existed on January 1, 1991, and the design is similar. An administrative design permit
(Section 14.25.040(C)) is required for any design changes. Such design changes should improve the
architectural design of the structure or site design of the development.
B. Nonconforming structures are subject to Section 14.16.270(C), Regulations Pertaining to a Nonconforming
Structure.
C. As commercial space, live/work quarters are exempt from this section.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
14.16.080 Creeks and other watercourses.
Improvements on a lot which is adjacent to, or contains, a creek, drainageway, or the San Rafael Canal shall
be subject to the following provisions:
A. Setback, Creek. Creek setbacks shall be determined based on the setback criteria in subsection C
below. These setbacks should include a twenty-five foot (25′) or greater setback between any structure
and the high top of the creek bank. On lots two (2) or more acres in size, a twenty-five foot (25′) to one
hundred foot (100′) setback between any structure and the high top of the creek bank shall be
provided.
Illustration 14.16.080
B. Setback, Drainageway. Adequate setback from a drainageway shall be determined at the time of
project review based on the setback criteria in subsection C below.
C. Setback Criteria. Adequate setback between creeks and/or drainageways and a structure shall be
determined based on the following criteria:
1. The setback provides for adequate maintenance, emergency vehicle access, adequate debris flow
avalanche corridors, flood control and protection from damage due to stream bank undercutting;
2. The setback adequately protects and preserves native riparian and wildlife habitat;
3. The setback protects major view corridors and provides for recreation opportunities where
appropriate;
4. The setback permits provision of adequate and attractive natural landscaping.
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D. Setback, San Rafael Canal. No new building or substantial reconstruction of an existing building should
be located within twenty-five feet (25′) of the top of the bank or bulkhead along both sides of the San
Rafael Canal between Highway 101 and the mouth of the canal. Upon adoption of a design plan for the
San Rafael Canal, the design plan provisions shall control.
E. Development Guidelines. Pedestrian and bicycle access is encouraged along creek and drainageway
corridors where feasible. However, they should be designed and located so as not to adversely affect
important habitat areas. Creeks and drainageways should also be enhanced where feasible to serve as
wildlife habitat as well as drainage facilities.
F. Fill. Any proposed fill in a creek, drainageway or in the San Rafael Canal shall be subject to the
requirements of Section 14.13.040(G), Fill. A use permit for fill shall be required consistent with
Sections 14.13.050 through 14.13.070.
(Ord. 1625 § 1 (part), 1992).
14.16.100 Development agreements.
Development agreements shall be governed by Resolution No. 6089, adopted April 20, 1981 by the city
council, or as it may be subsequently amended, establishing procedures and requirements for the consideration of
development agreements as provided for by s tate law.
(Ord. 1625 § 1 (part), 1992).
14.16.110 Drive-through facilities.
Drive-through facilities shall comply with the following standards:
A. Traffic and Circulation.
1. The drive-through stacking lanes shall be separated physically (i.e., by raised curb or landscape
planter) from the parking lot, and shall comply with the following capacity standards:
Use Length of Stacking Lane(s)*
Financial Institutions 3—6 cars, depending upon volume
Fast Food Restaurants 8—12 cars, depending upon volume
Kiosks 2 cars
Other Determined on an individual basis
* Provide 20 feet per car length.
2. The drive-through stacking lane shall be situated so that any overflow parking from the stacking
lane shall not spill out onto public streets or major circulation aisles of any parking lot. If the
overflow is directed to the street, additional overflow capacity shall be eighty percent (80%) of
required stacking.
3. Pedestrian crossings of the drive-through lane are discouraged.
4. Entrances and exits to drive-through facilities near high volume intersections shall be located so
as to maximize the distances to the intersection.
5. Confusing on-site circulation shall be avoided. Entrances to and exits from drive-through facilities
should be at least twenty feet (20′) from the property line.
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6. Parking spaces for drive-through special orders may be required.
B. Noise. Speakers at drive-through facilities shall not be audible from adjacent residential uses or
disturbing to adjacent nonresidential uses. Sound attenuation walls or other mitigation measures shall
be required as necessary.
C. Hours of Operation. Limited hours of operation shall be required where a drive -through facility could
affect nearby residential uses.
D. Emission Control. Drive-through stacking lanes shall not be located adjacent to patios and other
pedestrian use areas, other than walkways, and should be discouraged where adjacent nonresidential
buildings are within thirty feet (30′) of the proposed lane. Drive-through stacking lanes shall not be
located within fifty feet (50′) of any residential uses.
E. Design Review. All drive-through facilities are a minor physical improvement subject to the provisions
of Chapter 14.25, Environmental and Design Review Permits. Generally, the drive-through facility shall
be architecturally compatible with nearby structures, provide landscaping to buffer adjacent uses and
provide adequate lighting which is shielded from adjacent properties. Trash receptacles adequate to
control litter will also be required.
(Ord. 1625 § 1 (part), 1992).
14.16.115 Emergency shelters—Permanent.
A. Purpose. This section establishes standards for location and operation of a permanent emergency shelter for
homeless populations in compliance with California Government Code Section 65583, including allowing
shelters as a permitted use in some commercial and industrial district locations. This section is not applicable
to temporary emergency shelters established by the city in response to an emergency event.
B. Applicability. Emergency shelters to provide temporary housing and assistance for families and individuals
who are homeless shall be permitted as of right in the GC and LI/O districts generally bounded by Bellam
Boulevard and 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. However, the total number
of beds provided within the area shown on Map 14.16.115 shall only be permitted by right as necessary to
meet the local housing need established by the General Plan 2020 Housing Element (reflecting regional
housing needs assessment (RHNA) projections prepared by the Association of Bay Area Governments and
based on the state housing and community development department needs assessment at the time of
adoption of the most current housing element). A conditional use permit shall be required to provide
additional facilities within this area in excess of the RHNA needs assessment identifie d in the General Plan
2020 Housing Element. All facilities shall be operated in compliance with the provisions herein.
Map 14.16.115
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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 following development 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 (1) foot -candle at all doors
and entryways and one-half (½) 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 surrounding area.
3. The development may provide one (1) 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. Counseling center.
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d. Child care facilities.
e. Other support services.
4. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees
and the surrounding area, and consistent with the requirements of Section 14.18.040 (Parking
Requirements).
5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less than
five feet (5') high with a solid-gated opening and that is large enough to accommodate a standard-sized
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 (6) months. No individual or household
may be denied emergency shelter because of an inability to pay.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
c. The provider shall have a written management plan including, as applicable, provisions for staff
training, neighborhood outreach, security, screening of residents to ensure compatibility with
services provided at the facility, and for training, counseling, and treatment programs for
residents.
7. No emergency shelter shall be located within three hundred feet (300') of another emergency
homeless shelter site; unless permitted through review and approval of a conditional use permit where
it is determined the additional shelter location is appropriate and necessary to serve the intended
population and would not result in an over-concentration in the community.
8. The facility shall be in, and shall maintain at all times, good standing with 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, showering and/or spending
the night) nightly shall comply with the occupancy limit established by the building code. Additionally,
the number of beds or clients permitted to be served may be further limited as required by conditional
use permit.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.120 Exclusions to the maximum height requirement.
Flagpoles not exceeding a height of twenty-four feet (24′), aboveground utility distribution facilities including
communications towers and public water tanks, windmills, monuments, mechanical appurtenances, satellite
dishes in multifamily and nonresidential districts and architectural features such as screening for mechanical
equipment, chimneys, steeples and cupolas are not included in height calculations. However, structures and
architectural features which extend above the established building height li mit may require an environmental and
design review permit, pursuant to Chapter 14.25, Environmental and design review permits.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 44, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 13, 11-19-2018)
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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 and/or
stairways may project up to three feet (3') into any required side or rear yard and up to six feet (6') into any
required front yard.
B. These exclusions to required minimum yards may be combined with a setback exception granted pursuant to
Section 14.24.020.B, provided that a minimum yard area is maintained in keeping with the character of the
residential neighborhood.
C. Retaining walls four feet (4') or less in height measured from the 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).
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 great er downslope from the street) may be permitted within the required
front yard setback. See 14.25 for design review requirements.
(Ord. 1838 § 34, 2005: Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 45, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.132 Exclusions to maximum lot coverage.
The following improvements are not counted as part of lot coverage: ground level landscaped areas, at grade
walkways, at grade including steps, and paved areas, uncovered patios and decks thirty inches (30") or less in
height, uncovered recreational and uncovered parking and driveway areas, paved parking 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, and structures that are
located entirely below both existing and finished grade.
(Ord. No. 1882, Exh. A, § 46, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
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. 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.
A. Residential Districts. The following height limitations shall apply to the height of fences and walls in
residential districts:
1. Permitted.
a. Front and Street Side Yard Areas. The following may be located within the required front
and street side yard:
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i. Fences and retaining walls not exceeding four feet (4′) in height, may be located
within the front or street side yard setback, provided that the fence or wall
shall not conflict with the sight distance requirements of Section 14.16.295;
ii. 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
(i.e., adequate sight distance shall be provided and maintained, pursuant to the
provisions of Section 14.16.295).
b. Rear Yard and Interior Side Yard. The following may be located within the required rear
yard and interior side yard:
i. Fences not exceeding seven feet (7′) in height may be located within the
required rear yard or interior side yard;
ii. Retaining walls not exceeding a height of four feet (4′) in height may be located
within the required rear yard and interior side yard.
2. With Required Planning Permits. The following may be permitted in residential districts with prior
approval of design review (pursuant to Section 14.25.040.C.) and/or exception (pursuant to
Chapter 14.24) as noted:
a. Retaining walls over four feet (4′) in height on hillside parcels (i.e., property that contains a
slope of twenty-five percent (25%) or greater or designated -H Overlay) may be permitted
with environmental and design review subject to design review board recommendation, if
the community development director finds it necessary 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.
b. Fences exceeding seven feet (7′) in height up to nine feet (9′) in height may be located in
the required interior side or rear yard where topography or difference in grade between
adjoining sites warrants such increase, subject to administrative design review and
exception.
c. Fences in the front yard or street side yard 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, subject to administrative design review and exception.
d. Exception. An exception to the residential fence and walls height standards may be allowed
as noted above, 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.
e. Note: A building permit may be required for fences over seven feet (7′) in height and
retaining walls over four feet (4′) or walls that support the adjacent hillside or property
improvements, as determined by the building code.
B. Non-Residential Districts. An administrative environmental and design review permit shall be required
for all non-residential fences over seven feet (7′) in height to ensure the fence conforms to the design
and development standards of the underlying district, and is compatible with the immediate
surrounding properties in the neighborhood. Where a property is located in a non -residential zoning
district and is developed with, abutting, or surrounded by, a residential use, fence heights shall be the
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same as required for residential districts unless an alternate fence height can be justified through the
administrative design review process.
C. All Districts. The following standards shall apply to all districts:
1. Measurement of Height. The height of a fence and/or or retaining wall and associated structural
and/or decorative elements shall be the combined height measured vertically from finished
ground level, as determined by the building or planning official, t o the top of the structure at any
given point (see illustration "Maximum Allowed Fence Height Measurement"). Except as follows:
a. Minor decorative entryway treatments are permitted in the setback as noted above
(Section 14.16.140 A.1.ii).
b. Terraced fences and/or retaining walls that provide a landscaped horizontal separation of
at least four feet (4′) may be measured separately at the base of each terrace.
Maximum Allowed Fence Height Measurement
2. Recreation Fences.
a. Fences for swimming pools are subject to the requirements of the building code.
b. Fences for tennis courts shall not exceed maximum height limits established for accessory
structures and shall in no case exceed a height of twelve feet (12′).
3. Sight Distance. Fencing, vegetation and retaining walls located near a driveway or street
intersection shall not conflict with the vision triangle requirements established to assure
adequate sight distance is maintained for vehicles and pedestrians, pursuant to the provisions of
Section 14.16.295.
4. 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.
5. 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.
D. Replacement of Fences and Walls. An existing, nonconforming fence or wall in any district is subject to
the following regulations:
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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 unless it
conforms to these fence and wall provisions, except for certain residential fences as provided
below.
4. An existing nonconforming residential fence or wall 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 or wall may be rebuilt to its previously existing and documented
height, subject to request and issuance of a zoning verification review letter by the
planning division. However, in no case shall any replacement fence exceed a height of six
feet (6′) within the required front or street side yard setback and shall be no taller than
three feet (3′) within a required vision triangle (Section 14.16.140.B);
c. The replacement fence or wall is consistent with the prevailing character of both sides of
the street for the length of the block; and
d. All necessary 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).
(Ord. 1838 § 35, 2005; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 14, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A,
6.2), 8-16-2021))
14.16.150 Floor area ratios and densities applicable to nonresidential and mixed -use
development.
A. 1. The intensity and density of development in nonresidential and mixed -use districts is identified by floor area
ratio (FAR) and by the number of units allowed per one thousand (1,000) square feet of lot area for the
location and zoning district in which a site is located. The FAR is the total building square footage (gross floor
area) divided by the lot area excluding public streets. Total building square footage excludes parking areas or
garages (covered and uncovered), residential components of a mixed use project, hotels, and non-leasable
covered atriums. Floor area for permanent child care facilities in nonresidential structures may be excluded
in the FAR, subject to the provisions of Chapter 14.22, Use Permits.
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.
B. Mixed-Use Development.
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1. Commercial or Office with Residential. FAR limits apply only to the non -residential component of a
development. The number of residential units allowed on a lot is based on the minimum lot area
required per dwelling unit standard for the zoning district. For example, a ten thousand (10,000)
square foot lot in the ⅔ MUW District (Max. FAR is 0.7 and density is one thousand (1,000) square feet
of lot area per dwelling unit) could develop with up to the following mixed -use amount, subject to
meeting other zoning standards related to height, parking and design:
Size of Lot FAR/ Density Development Potential
10,000 sq. ft. FAR 0.7 7,000 sq. ft. commercial (10,000 sq. ft. of lot area ×
0.7 FAR = 7,000 sq. ft.) and
Lot area/dwelling unit:
1,000 sq. ft.
10 units (10,000 sq. ft. of lot area/1,000 sq. ft. = 10
units)
2. Industrial/Office. In East San Rafael and Francisco Blvd. West, to equalize traffic generation, a sliding
scale of 0.26—0.38 FAR is applied to construction of new industrial/office structures. For example, the
industrial 0.38 FAR allows up to twenty-five percent (25%) office use; a higher percentage of office use
requires a lower FAR, (see FAR maps below for more information).
C. Public and Quasi-Public Use FAR. Public and quasi-public structures have a 1.0 FAR. Except for public and
quasi-public structures in residential districts where the 1.0 FAR may not be exceeded, public and quasi-
public structures intended for a specific purpose which requires a FAR greater than 1.0 may be built to a
higher FAR if the higher FAR is necessary for health or safety purposes, subject to the provisions of Chapter
14.22, Use Permits.
D. Transportation Use FAR. Transportation structures as part of a public or quasi-public use have a FAR of 1.0.
Transportation structures as part of a commercial use have a FAR of 0.32.
E. Water District. The FAR for the water district, consistent with the parks/open space zoning district, is 0.1.
Docks, piers and launching ramps are not included in FAR in the water district.
F. Commercial and Industrial Redevelopment. Any commercial or industrial building larger than the FAR limit
may be redeveloped consistent with Section 14.16.270(C)(6), Regulations pertaining to a nonconforming
structure.
G. Floor Area Ratio Limit Standards.
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, consist ent 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:
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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.
(Ord. 1831 § 1 (part), 2004: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 47, 48, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 6.3, 6.4), 8-16-2021)
14.16.160 Fuel and service stations.
The regulations are intended to assure the compatibility of such uses with existing and planned uses in the
surrounding area and to protect the public health, safety and welfare by assuring adequate numbers of fuel and
service stations which afford equal access to the public, including the elderly, the handicapped and visitors in need
of minor automobile repair through the provision of attended fuel pumps and mechanic's bays.
A. A use permit shall be required for any fuel service station permitted under the regulations of the
zoning district in which it is located, including those which are to be:
1. Newly constructed;
2. Reopened after operations, including any required cleanup operations, have ceased for a period
greater than nine (9) months;
3. Remodeled to include any of the following: nonautomotive retail sales other than those of an
incidental nature not occupying an area open to the public greater than one hundred (100)
square feet; a car wash; or, additional service islands or mechanic's bays; or
4. Converted from one (1) type of station to another so as to delete either or both of the following:
pump(s) labeled "full-service," "mini-service" or otherwise marked so as to indicate the
availability of attendant assistance in pumping fuel; or mechanic's bay(s) in which emergency
repairs by a mechanic are available.
B. Conditions of Approval. In approving a use permit for a fuel service station, the planning commission
may impose reasonable conditions. Such conditions may include the required posting of signs
informing motorists of the location of the nearest facility offering the services listed.
C. Findings. The planning commission may issue a use permit for a fuel service station if the following
finding can be made: that the proposed fuel service station will not significantly adversely affect the
public health, safety or welfare in terms of discrimination against individuals needing refueling
assistance and the availability of minor emergency automobile repair services and public restrooms.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 49, 6-21-2010)
14.16.170 Geotechnical review.
Development applications require geotechnical reports consistent with the geotechnical matrix in the
general plan appendices to assess such hazards as potential seismic hazards, liquefaction, landsliding, mudsliding,
erosion, sedimentation and settlement and hazardous soils conditions to determine the optimum location for
structures, to advise of special structural requirements and to evaluate the feasibility and desirability of a
proposed facility in a specific location.
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(Ord. 1625 § 1 (part), 1992).
14.16.180 Hazardous soils conditions.
New development on lots filled prior to 1974 or on lots which were used for auto service uses, industrial uses
or other land uses which may have involved hazardous materials shall be evaluated for the presence of toxic or
hazardous materials prior to development approvals. The requirements for review are set forth in the geotechnical
review matrix in the general plan.
(Ord. 1625 § 1 (part), 1992).
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 b e 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 ten (10) percent of units to low income households are allowed a
10-foot height bonus for all areas in the downtown precise plan;
b. Housing projects that restrict more than ten (10) percent 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 that , 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 that are , 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 that 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).
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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 one hundred (100) percent
of the total units available to lower income households, and located within one-half (½) 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 thirty-three (33) feet. This bonus shall not be combined with any other height bonus
listed above.
(Ord. 1831 § 1 (part), 2004: Ord. 1780 Exh. A, 2002; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1980 , § 2(Exh. A), 4-6-2020; Ord. No. 1990 , div. 4, 3-1-2021 Ord. No. 1996 , div. 2(Exh. A, 6.5), 8-16-
2021)
14.16.200 Hillside residential development standards.
On new residential structures, accessory structures, additions over five hundred (500) square feet in size and
any modification that increases the height of the roofline on such structures which are located on lots with an
average slope greater than twenty-five percent (25%) or which are in the hillside resource residential or hillside
residential general plan land use districts, the standards of Chapter 14.12, Hillside Development Overlay District,
apply.
(Ord. 1625 § 1 (part), 1992).
14.16.210 Historic preservation.
Alteration of a structure on a landmark site or in a historic district may be subject to a certificate of
appropriateness and review by the planning commission, consistent with the requirements of Chapter 2.18,
Historic Preservation, of the municipal code.
(Ord. 1838 § 36, 2005: Ord. 1625 § 1 (part), 1992).
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 ensure
compatibility with the residential character of the neighborhood, plus assure that home occupations a re
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 (1) 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 ha ve a legal right to the use of
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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, except that a
cottage food operation (as defined in the State of California, Health and Safety Code (HSC) 113758)
shall be permitted to have no more than one (1) full-time equivalent employee, not including members
of the household.
2. No more than twenty-five percent (25%) of the gross area of said residence shall be used for such
purpose. An accessory structure shall not be used for home occupation purposes. Use of a recreational
vehicle or garage for a home occupation is prohibited.
3. No use shall require internal or external alterations or involve construction features or the use of
electrical or mechanical equipment that would change the fire rating of the structure or the fire district
in which the structure is located.
4. There shall be no outside storage of any kind related to the home occupation(s).
5. The home occupation(s) shall be operated to allow no more than one (1) 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 (1) additional vehicle at a time. One (1) 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 (2½) 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 (1) nameplate shall be allowed. It may display the name of the occupant
and/or the name of the home occupation (e.g., John Jones—Realtor). It shall not exceed one (1) square foot
in area, shall be nonilluminated, and attached flat to the main structure or visible through a window. The
limitation to one (1) 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 of the State of California Health and Safety Code, ( e.g., producing non -potentially
hazardous foods in the kitchen of the residence for retail sale at or below sales limits established by the State
of California, in compliance with all required environmental health permits and clearances, and with no more
than one (1) full-time equivalent employee not including members of the household.).
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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 would generate
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 com munity
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 or medical offices;
g. Painting of vehicles, trailers or boats;
h. Photo-developing or photo studios;
i. Private schools with organized classes;
j. Upholstering;
k. Fortunetelling.
l. Any cannabis related business (personal use and cultivation are permitted subject to limitations
of state law);
m. Firearms dealer;
n. Taxi service, dispatch, or vehicle tow service.
(Ord. 1748 § 2, 2000; Ord. 1713 § 3, 1997; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 50, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, § 10), 3-19-
2018)
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.
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1. A permanent retail kiosk structure shall be subject to compliance with all site and use, parking and
design review requirements of this title.
2. Food and beverage kiosks shall include a Marin County Health Department letter of approval.
3. A movable food and beverage small trailer or cart may be permitted to operate on a commercially
developed site, where a kiosk use may be conditionally permitted by the land use tables of the
underlying district, subject to the recommendation of the depa rtment of public works and a
determination that the activity would comply with the following standards:
a. The use would primarily serve existing customers, employees and commuters already traveling to
or in the area (e.g., pass-by and shared vehicular trips).
b. The use shall not obstruct required walkways, driveways or create traffic congestion in the area.
c. Adequate parking shall be available for the primary uses on the property with the 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 (2) 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 may be permitted to operate between the hours of 6 a.m. to 9 p.m. weekdays and 7 a.m.
to 9 p.m. weekends, and subject to further restrictions on the hours of operation as deemed
necessary to mitigate potential traffic or circulation impacts in the area.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.227 Light and glare.
Colors, materials and lighting shall be designed to avoid creating undue off -site light and glare impacts. New
or amended building or site colors, materials and lighting shall comply with the following standards, subject to
review and recommendation by the police department, public works department, and community development
department:
A. Glossy finishes and reflective glass such as glazed or mirrored surfaces are discouraged, and prohibited
where it would create an adverse impact on
pedestrian or automotive traffic or on adjacent structures; particularly within the downtown environs and in
commercial, industrial and hillside areas.
B. Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view off -
site and avoid spillover onto adjacent properties.
C. The foot-candle intensity of lighting should be the minimum amount necessary to provide a sense of
security at building entryways, walkways and parking lots. In general terms, acceptable lighting levels
would provide one (1) foot-candle ground level overlap at doorways, one-half (½) foot-candle overlap
at walkways and parking lots, and fall below one (1) 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
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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 lighting intensity on mixed use and non -residential
properties shall be subject to environmental and design review permit review as required by 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.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.230 Lot consolidation when development occurs.
Where a development project is constructed on more than one adjoining lot, the owner or owners of such
lots must merge such lots into a single lot when the building is proposed to cross the property line of the adjoining
lots. The lots shall be merged prior to issuance of a building permit.
(Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).
14.16.240 Manufactured homes.
A. Purpose. In order to increase the supply of housing and variety of housing types available to the public,
manufactured homes are permitted within all zoning districts which allow single-family dwellings, consistent
with meeting certain standards.
B. Compatibility Standards. A manufactured home may be used for residential purposes in an R district if the
planning director determines, prior to issuance of any building permit that the following standards are met:
1. The lot and structure meet all the property development standards and requirements of the district;
2. The home is to be used as the principal or accessory dwelling unit;
3. The home is attached to a permanent foundation system which conforms to state and local code
requirements;
4. The home meets the standards set forth in the National Manufactured Home Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401 et seq.);
5. The roof and exterior siding and trim are of materials and treatment compatible with adjacent
residential structures;
6. The roof overhang shall not be less than twelve inches (12"). This requirement may be modified where
eaves of surrounding homes are less than twelve inches (12").
C. Other Requirements.
1. A manufactured home is also subject to any design requirements which would be required of a single -
family home on the same lot.
2. A manufactured home in a nonresidential zoning district is subject to Section 14.17.130, Temporary
uses.
(Ord. 1802 § 5, 2003: Ord. 1625 § 1 (part), 1992).
( Ord. No. 2002 , div. 10, 12-6-2021)
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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. 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.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 6.6), 8-16-2021)
14.16.245 Ministerial "by-right" process for multi-family housing projects.
A residential housing development project that contains two (2) or more residential units located on one or
more contiguous parcels may qualify for the state-mandated ministerial, "by-right" approval process. Pursuant to
California Government Code Section 65913.4, the "by -right," ministerial process is applicable to qualifying
residential development projects that are located near major transit. The availability of the "by -right" approval
process is determined by the city's annual housing progress report to the state department of housing and
community development. Qualifying residential projects must: a) comply with a list of objective planning
standards; b) meet specific levels of affordable housing; and c) be subject to a commitment to specific hiring
(skilled and trained workforce) and prevailing wage requirements. The applicability of and requirements for the
"by-right" process shall be adopted by resolution of the city council.
(Ord. No. 1964 , § 2(Exh. B) § 15, 11-19-2018)
14.16.250 Motor vehicle maintenance and storage in residential districts.
In any residential district, a person residing on a lot may service, repair or restore motor vehicles and store
such vehicles, related equipment and parts, consistent with the following requirements:
A. The vehicle, part or item is owned by a person who resides on the same lot.
B. No more than two (2) vehicles may be worked on at one time.
C. Motor vehicle work shall be permitted only between the hours of nine a.m. (9:00 a.m.) and ten p.m.
(10:00 p.m.).
D. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or
sewer system.
E. Motor vehicle work and storage of cars being worked on shall be located within a garage or other
paved parking area, provided that when the vehicle is not being worked on the vehicle and all parts
and equipment shall be screened from off-site view.
F. Emergency motor vehicle work may be performed where otherwise prohibited by this section provided
such activity shall not be conducted more than two (2) consecutive days.
G. Notwithstanding anything to the contrary herein, no such work shall be permitted which creates a
nuisance as defined in Section 415 of the state Penal Code.
H. A person may store a vehicle(s) which cannot be legally, safely and mechanically operated upon a
public highway provided that:
1. It is located within a garage or on a paved parking area and the vehicle is screened from off -site
view; and
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2. On a single-family or duplex lot, the front yard paved parking area is a one (1) to two (2) car
driveway plus a paved area no greater than twelve feet (12′) wide between the driveway and the
nearest side property line. Paved parking areas may also be located in the rear or side yards; or
3. On a multifamily lot, the vehicle is located on a paved designated parking space(s).
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.16.260 Noise standards.
Any new development located in a "conditionally acceptable" or "normally unacceptable" noise exposure
area, based on the land use compatibility chart standards in the general plan, shall require an acoustical analysis.
Noise mitigation features shall be incorporated where needed to assure consistency with general plan standards.
New construction is prohibited in noise exposure areas where the land use compatibility chart indicates the noise
exposure is "clearly unacceptable."
A. Residential Development. The following standards apply to residential development:
1. Acoustical studies shall be required for all new residential development within projected sixty
(60) dBA (Ldn) noise contours so that noise mitigation measures can be incorporated into project
designs.
2. Usable outdoor area in low and medium density districts shall be sixty (60) dBA (Ldn) or less.
3. In high density and mixed use districts, residential interior standards shall be met and common,
usable outdoor areas shall be designed to minimize noise impacts. Where possible, a sixty (60)
dBA (Ldn) standard shall be applied to usable outdoor areas.
4. Interior noise standards for new single-family residential and residential health care development
shall be forty (40) dBA (Ldn) for bedrooms and forty-five (45) dBA (Ldn) for other rooms. New
hotels and motels shall meet a forty-five (45) dBA (Ldn) standard. For new multifamily
development, hotels and motels, interior noise standards shall be described by State
Administrative Code standards, Title 25, Part 2.
5. Noise standards shall be applied to multifamily remodeling requiring major environmental design
review permits.
6. Post-construction monitoring and approval by an acoustical engineer shall be required in
residential development near high noise sources to insure that city standards have been met.
B. Development Adjacent to Residential Areas. New nonresidential construction adjacent to residential
areas shall not increase noise levels in a residential area by more than three (3) dBA (Ldn), or create
noise impacts which would increase noise levels to more than sixty (60) dBA (Ldn) at the boundary of a
residential area, whichever is the more restrictive standard. This standard may be waived by the
planning director if, as determined by a noise analysis, there are mitigating circumstances (such as
higher existing noise levels), and no uses would be adversely affected.
C. Development 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 m ay
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.
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D. Traffic Noise Mitigation. A sixty-five (65) dBA (Ldn) level is considered an acceptable upper limit for
existing residences constructed before July, 1988. Where exterior levels are sixty -five (65) dBA (Ldn) or
greater at the face of a residential building, and traffic noise level increases of more than three (3) dBA
(Ldn) affecting residential areas will be created by a program or development, reasonable noise
mitigation measures shall be included in the program or development which is creating the increase.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 51, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 6.7), 8-16-2021)
14.16.270 Nonconforming structures and uses.
A. Purpose. Within the districts established by this title or amendments thereto, there exist structures, uses of
land, and characteristics of use which were lawful prior to the adoption of or amendment to this title, but
which fail, by reason of such adoption or amendment, to conform to the present requirements of the zoning
district. It is the purpose of this title to:
1. Permit nonconforming structures to remain and to allow for their regular maintenance and repair,
under the regulations herein contained;
2. Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or
enlarged in a manner that would increase the discrepancy between existing conditions and the
standards prescribed in this title, and by regulating their restoration after major damage;
3. Limit the number and extent of nonconforming uses by regulating their enlargement, their re -
establishment after abandonment and their restoration after major damage of the structures they
occupy.
B. Continuation of a Nonconforming Structure or Use. The lawful use of a structure or land, in existence and
lawfully operating, although such structure or use does not conform to the regulations for the district in
which it is located, may be continued provided that:
1. Such structure or use was legally in existence at the time of the passage of the ordinance codified in
this title; or,
2. Such structure or use was legally in existence at the time of the adoption of any amendment to this
title, but by such amendment such structure or use is not otherwise permitted; or,
3. Such structure or use was legally in existence at the time of annexation to the city, and has since been
in regular and continuous use.
Change of ownership, tenancy or management of a nonconforming structure use shall not affect its status as
a legal, nonconforming structure or use.
C. Regulations Pertaining to a Nonconforming Structure.
1. Ordinary maintenance and repairs may be made to a nonconforming structure as required to keep the
structure in sound condition.
2. Alterations and additions may be made to a nonconforming structure provided that there shall be no
increase in the discrepancy between existing conditions and the standards for the district.
3. No nonconforming structure shall be moved unless at its new location it conforms to the standards for
the district.
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4. A nonconforming structure damaged or destroyed to the extent of seventy -five percent (75%) or less of
the current market value may be repaired or replaced in its existing location, provided such restoration
is started within a period of one (1) year and is diligently prosecuted to completion.
5. A nonconforming single-family residential structure damaged or destroyed to the extent of more than
seventy-five percent (75%) of the current market value may be repaired or replaced provided a
building permit is obtained for such restoration within a period of one (1) year, the restoration is
diligently prosecuted to completion and the structure is made to conform to all regulations of the
district in which it is located; or, to the original condition provided that the building size is no greater
than that which existed and the design is similar. An administrative design permit is required for any
design changes. Such design changes should improve the architectural design of the structure or site
design of the development.
6. All other nonconforming structures damaged or destroyed to the extent of more than seventy -five
percent (75%) of the current market value may be repaired or replaced provided a use permit is
obtained for such restoration within a period of one (1) year, restoration is diligently prosecuted to
completion and the structure is made to conform to all regulations of the district in which it is located;
or, to the original condition provided that a use permit is issued by the planning commission after
finding that:
a. The parking is consistent with Chapter 14.18, Parking Standards, and the design is compatible
with the neighborhood in which it is located.
b. In the commercial, office, mixed-use or industrial districts, no intensification of use is proposed.
D. Regulations Pertaining to a Nonconforming Use.
1. All use permits which were valid at the time the ordinance codified in this title went into effect shall be
valid and remain in force and effect for the terms and subject to the conditions contained therein.
2. A nonconforming use shall not be permitted to increase in intensity of operation. An increase in
intensity shall include, but not be limited to, extended hours of operation, substantial remodeling or an
increase in number of seats or service area for bars and restaurants.
3. The nonconforming use of a structure or portion of a structure shall not be expanded into any other
portion of the structure. The nonconforming use of land shall not be expanded or extended in area nor
changed except to a conforming use. Nonconforming uses inherently consumptive of land (e.g.,
quarries) may be expanded, to the extent permitted by permits and other regulations in effect at the
time of use approval.
4. The nonconforming use of a structure may be changed to a use of the same or more restricted nature;
provided, that a use permit shall first be obtained.
5. If the nonconforming use of a structure ceases for a continuous period of twelve (12) months, it shall
be considered abandoned and shall thereafter be used only in accordance with the regulations for the
district in which it is located. Abandonment or discontinuance shall include cessation of a use for any
reason, regardless of intent to resume the use.
6. If any structure which is occupied by a nonconforming use is hereafter removed, the subsequent use of
land on which such structure was located and the subsequent location and use of any structure
thereon shall be in conformity with the regulation specified by this title for the zoning district in which
such land is located.
7. No use which is accessory to a principal nonconforming use shall continue after such principal use shall
cease or terminate.
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8. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of less than
fifty percent (50%) of the current market value may be restored and the nonconforming use may be
resumed; provided, that a diligent effort to rebuild has been demonstrated within six (6) months and
restoration is diligently pursued to completion.
9. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of fifty
percent (50%) or more of the current market value may be restored (subject to the limitations of
subsection C above) and the subsequent use of land on which the structure was located shall be in
conformity with the regulations specified by this title for the zoning district in which such land is
located.
10. Legal dwelling units, existing or approved as of January 1, 1991, shall be considered conforming uses,
except for such units in the marine, light industrial/office districts, and industrial districts, and for
single-family units in downtown mixed-use districts. These units are subject to the provisions of Section
14.16.060.
E. Determination of Value. Estimates for the purpose of determining the extent of damage or partial
destruction shall be made by or shall be reviewed and approved by the planning director.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 52, 6-21-2010)
14.16.275 Amortization of nonconforming dwelling units.
A. With the exception of the dwelling units described in Section 14.16.060 (Conservation of dwelling units), any
dwelling unit which becomes a nonconforming use on the effective date of Ordinance No. 1731, the
ordinance codified in this section, shall be subject to an amortization period expiring one year from the
effective date of such ordinance. At the end of such amortization period, any such dwelling unit shall become
illegal, unless the owner has applied for and obtained any required land use permit in conformance with this
title, or has applied for an extension of the amortization period as provided hereafter.
B. The community development department shall publish and post a written notice at least one hundred
twenty (120) days prior to the expiration of the amortization period, advising any owners of such
nonconforming dwelling units shall become illegal at the end of such amortization period unless the owners
have applied for and not been denied any required land use permit for such units, or applied for an extension
of the amortization period as provided hereafter.
C. The owner of any such nonconforming dwelling unit may file an application with the community
development department for an extension of the amortization period. The application shall be made in
writing in a form approved by the community development director, and shall be accompanied by the
required processing fee. Any application shall be made prior to the expiration of the amortization period,
unless the planning commission determines that good cause exists for the late filing of the application.
D. Within forty-five (45) days following receipt of a completed application for an extension of the amortization
period, the planning commission shall hold a public hearing on the application, after giving notice to all
property owners within three hundred feet (300′) of the property. The planning commission shall consider
the evidence and testimony presented at the public hearing, and shall thereafter grant or deny an extension.
In rendering its decision, the planning commission shall determine whether the nonconforming dwelling unit
has been provided with a reasonable amortization period commensurate with the investment involved. If the
planning commission determines that the amortization period is not reasonable, it shall prescribe an
amortization period that is commensurate with the investment involved. The burden shall be on the
applicant for the extension to establish that the extension should be granted.
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E. In making its determination on the application for an extension, the planning commission shall consider the
following factors:
1. The owner's investment in the dwelling unit improvements;
2. The present actual and depreciated value of the dwelling unit improvements;
3. The applicable Internal Revenue Service depreciation schedules;
4. The remaining useful life of the dwelling unit improvements;
5. Any remaining lease term for the dwelling unit;
6. The ability of the owner to make the dwelling unit a conforming use by permit under this title;
7. The secondary effects of the dwelling unit on the health, safety, and welfare of surrounding residential
uses if the amortization period is extended;
8. Any other competent evidence relevant to the determination of a reasonable amortization period
commensurate with the investment involved.
F. A copy of the planning commission's decision shall be sent by regular mail to the applicant.
G. Any interested person may appeal the planning commission's decision to the city council, within five (5) work
days after the planning commission's decision, in conformance with the provisions of Chapter 14.28 of the
Municipal Code.
H. The city council declares to be a public nuisance any lot where the nonconforming dwelling unit is operating
and where the amortization period as a nonconforming use has expired, and (a) no permit required by this
title has been obtained or (b) no application for an extension of the amortization period is on file or been
granted.
(Ord. 1731 § 3, 1998).
14.16.277 Use of city sidewalks and rights-of-way for outdoor eating areas.
A. Notwithstanding any other provisions of this title, the use of city sidewalks or other city rights -of-way for
outdoor eating areas is prohibited without a license agreement between the adjacent food service
establishment and the city, which license agreement shall be in lieu of any environmental design review
permit, use permit, administrative use permit, encroachment permit or other permit required for use of the
city sidewalk or right-of-way for such purpose.
B. Such license agreements shall be in a form approved by the city attorney, and shall include the applicable
standards provided in Section 14.17.110(C), indemnification of the city, and liability insurance naming the
city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a form as
approved by the city's risk manager.
C. Such license agreement also shall be subject to such regulations hereafter deemed necessary by the
community development director to protect the public health, safety, and welfare, and as approved by
resolution of the city council.
D. Such license agreements may be approved by the community development director and may be revoked at
the pleasure of the city council.
E. The placement of outdoor seating area barriers shall allow a minimum six -foot (6′) wide clear pathway for
sidewalks located within the public rights-of-way.
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F. In lieu of the aforementioned license agreement, the city council may enter into a lease agreement between
the adjacent food service establishment at a rate and term to be determined by the city council, and as
approved by resolution of the city council.
(Ord. 1751 § 6, 2000).
14.16.279 Relocation assistance for displaced residential rental unit tenants.
A. Purpose. The purpose of this chapter is to mitigate the impact of a development project or property
improvement such as a renovation or rehabilitation, which results in the displacement of low -income
household tenants of record from their residences, by requiring applicants or property owners to provide
certain, limited relocation assistance to such tenants.
B. Applicability. The provisions of this section shall apply to any development project or property improvement
that is subject to a planning permit or approval required by this title and a building or a demolition permit
that will result in the displacement of low-income, residential unit tenants of record. A tenant of record is a
tenant that appears on a valid lease or rental agreement for the residential unit being vacated. This section is
not applicable to:
1. Any development project that is subject to a legal requirement for the provision of relocation
assistance under any provision of federal or state law;
2. Tenant displacement from a dwelling unit that the city has determined to be illegal and which is
ordered abated by action of the city; and
3. A tenant of record that is displaced for unit renovation and is temporarily relocated by the property
owner to another residential unit that is located either on the subject property or off -site, with the
intent and goal of returning to the renovated apartment unit, or to another unit on-site, which has a
comparable bedroom count.
The provisions of this section may be imposed as a condition of any planning permit or required prior to the
issuance of a building permit or demolition permit.
C. Required Notice to Tenant of Record. The property owner proposing the development project or property
improvement that will result in displacement of a tenant from a residential unit shall give any tenant of
record proposed to be displaced a written notice at least sixty (60) days in advance of the date the tenant of
record shall be required to vacate the real property. The notice shall comply with the following:
1. The notice shall be delivered to the tenant of record in person or by first class certified mail. The notice
shall specify the date on which the real property is to be vacated, and shall include the following
statement:
"The City of San Rafael requires property owners to provide certain assistance to low -income tenants of
record who are forced to permanently move or relocate because of planned property development, property
improvements and/or residential unit renovation. You are eligible to receive this assistance if you can
demonstrate that your household qualifies as low-income, as defined in the attached income schedule
published by the Marin County Housing Authority. To qualify for relocation assistance you must compl ete,
sign and return the attached income verification form confirming that you meet the income limits for a low -
income household. You must return this income verification form to the property owner no later than two
weeks following the date you receive this notice."
2. The notice shall include the most current Marin County median family income schedule published by
the Marin County Housing Authority, specifying the range of household size and the maximum, annual
household income for each household size to qualify as low-income.
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3. The notice shall include an income certification form or affidavit to be completed and submitted by the
tenant of record. To verify annual household income, the property owner may request that the tenant
of record submit additional supporting documentation such as a copy of the latest, filed, income tax
return.
4. Simultaneous to tenant notification, a copy of the notice and list of tenants of record receiving the
notice shall be filed with or delivered, via certified mail, to the community development department.
D. Relocation Payment to Tenant of Record. No later than thirty (30) days prior to the date the tenant of record
is displaced, the property owner shall provide the following to each displaced tenant of record who
demonstrates that his or her household qualifies as a low-income household:
1. A referral to the Marin Housing Assist Line to obtain a list of low-income rental housing units available
in the area; and
2. Cash in a sum equal to two (2) times the then current monthly rental of the residential unit being
vacated. In lieu of cash, the tenant of record can request an in-kind payment to the provider(s) of the
alternative housing for the tenant of record. The property owner is required to make one (1) relocation
assistant payment only to the tenant of record for every residential unit that is vacated on the real
property. If the residential unit being vacated is occupied by more than one (1) tenant of record th at
qualifies as a low-income household, the payment shall be prorated based on the number of qualified
tenants of record in the household.
Following relocation payment, the property owner shall file or deliver, via certified mail, to the community
development department, a list of tenants of record receiving relocation payment.
E. Additional Requirements for Development Projects or Property Improvements involving Multiple Buildings,
Phased Construction and/or Phased Vacation of Residential Units for Renovation. For projects involving
residential unit renovation that results in phased improvements and/or phased tenant displacement, the
following shall be prepared and submitted to the community development department in conjunction with
the review and processing of a planning permit, or prior to the issuance of a building permit or grading
permit:
1. A resident relocation plan. The resident relocation plan shall include:
a. A projected construction schedule and expected dates for unit vacation and tenant displacement;
b. Information regarding projected rents, timing and availability for renovated apartments;
c. Information regarding on-site, temporary relocation options for tenants, if applicable; and
d. A list of property addresses for apartment complexes in the general area of the site that may
have available rental units.
2. Verification that an escrow account has been opened and is active for payment of relocation assistance
pursuant to Section 14.16.279D, above.
F. Revocation of Permits. Failure to comply with any provision of this section shall be grounds for revocation of
any permit or other approval issued by the city in relation to the development project, subject to the
procedures established by this code for revocation of the permit or other approval in question.
(Ord. 1838 § 37, 2005).
(Ord. No. 1882, Exh. A, § 53, 6-21-2010)
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14.16.280 Satellite dishes in residential districts.
The intent of these regulations is to locate satellite dishes where they are least visible from public rights -of-
way in the vicinity, while not burdening adjacent property owners with adverse visual impacts. The intent is not to
impose unreasonable limitations on reception, although the city recognizes that to ensure aesthetic values, perfect
and/or unlimited reception may not be possible. To ensure that satellite dishes do not have an adverse impact on
the public safety and aesthetic values in the city's residential neighborhoods, installation of satellite dishes in
excess of forty inches (40") in diameter shall meet the following standards.
A. Only one satellite dish is permitted on a lot.
B. Location in any required yard adjacent to a street is prohibited unless the dish is not visible from the
street.
C. The satellite dish shall meet the setback and height requirements for accessory structures, except that
any satellite dish which is higher than eight feet (8′) shall meet the setback requirements for the
district.
D. The satellite dish shall be mounted on the ground.
E. The satellite dish shall be screened from view from a public or private street.
F. The satellite dish shall be finished in a color to blend in with the immediate surroundings.
Requests for modifications from the above standards will be referred to the planning commission for review
and determination.
(Ord. 1838 § 38, 2005: Ord. 1625 § 1 (part), 1992).
14.16.282 SB 9 Housing Developments.
A. Purpose. The purpose of this section is to provide procedures and development standards for the
establishment of SB 9 Housing Developments pursuant to Government Code Section 65852.21. To
accomplish this purpose, the regulations outlined herein are dete rmined to be necessary for the preservation
of the public health, safety and general welfare, and for the promotion of orderly growth and development.
B. Filing, Processing and Action.
1. Ministerial Review. An SB 9 Housing Development shall be ministerially approved, without
discretionary review or hearing, if the proposed housing development meets all provisions of this
chapter. Review shall be done through submittal of a building permit application.
2. The city shall act on an application for an SB 9 Housing Development within sixty (60) days of receipt of
a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be
tolled for the period of the delay. The city has acted on the application if it:
a. Approves or denies the building permit for the SB 9 Development; or
b. Informs the applicant in writing that changes to the proposed project are necessary to comply
with this chapter or other applicable laws and regulations.
3. Adverse Impact Upon Health and Safety. A proposed SB 9 Housing Development shall be denied if the
building official makes a written finding, based upon a preponderance of the evidence, that the
proposed SB 9 Housing Development would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon
public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
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4. Limitations on Approval. A proposed SB 9 Housing Development shall not be eligible for approval
pursuant to this chapter if any of the following circumstances apply:
a. The SB 9 Housing Development would require demolition or alteration of "protected housing."
Protected housing includes:
Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels
affordable to persons and families of moderate, low, or very low income.
Housing that is subject to rent control through valid local rent control provisions.
Housing that has been occupied by a tenant in the last three (3) years.
b. The SB 9 Housing Development would be located on a parcel on which the owner has withdrawn
it from renting or leasing under Section 7060 of the Government Code within fifteen (15) years
preceding the development application (i.e., an exit of the rental housing business pursuant to
the Ellis Act).
c. The SB 9 Housing Development would be located within a historic district, would be included on
the State Historic Resources Inventory, or would be within a site that is legally designated or
listed as a city or county landmark or historic property or district.
d. The SB 9 Housing Development would be located in any of the specified designated areas set
forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4
of the California Government Code, unless requirements therein are met.
C. Development Standards. The following objective development standards shall apply to SB 9 Housing
Developments. In addition to these standards, all provisions of the California Building Code shall apply to SB
9 Housing Developments.
1. General Standards.
a. SB 9 Housing Developments may either be detached or attached, as long as attached structures
meet building code safety standards and are sufficient to allow separate conveyance.
b. SB 9 Housing Developments shall be permitted in all single-family residential zones including R2a,
R1a, R20, R10, R7.5, and R5.
c. Short Term Rentals Prohibited. The rental of any unit in an SB 9 Housing Development shall be for
a term of longer than thirty (30) days.
d. Utility Connections. Each primary unit in an SB 9 Housing Development shall be served by
separate water, sewer and electrical utility connections which connect each unit directly to the
utility.
e. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall be permitted
as set forth in Section 14.16.285—Accessory Dwelling Units on parcels not created through an
urban lot split (Chapter 15.155).
f. On parcels created through an urban lot split (Chapter 15.155) that also contain an SB 9 Housing
Development, accessory dwelling units (ADUs) shall be permitted as set forth below:
i. An SB 9 Housing Development proposing one (1) primary dwelling unit shall be permitted
either one (1) ADU or one (1) JADU as set forth in Section 14.16.285—Accessory Dwelling
Units on the parcel. All other provisions and development standards of Section 14.16.285
shall apply.
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ii. An SB 9 Housing Development proposing a total of two (2) primary dwelling units (where
either of the two (2) primary dwelling units are existing or proposed) shall not be permitted
any ADU/JADU on the same parcel.
iii. A single-family home with an ADU and JADU that was issued a building permit prior to July
18, 2022, shall not otherwise preclude an applicant from developing two (2) dwelling units
pursuant to the provisions of this section on a vacant lot created through an urban lot split
(Chapter 15.155).
iv. The rental of any ADU/JADU shall be for a term of longer than thirty (30) days. This applies
retroactively to any existing ADU/JADU on a parcel that subsequently utilizes the provisions
of an SB 9 Development or an urban lot split (Chapter 15.155).
2. Objective Development Standards. All applicable objective development standards set forth in Title
14—Zoning of the San Rafael Municipal Code apply to an SB 9 Housing Development. However, where
the following standards conflict or are inconsistent with objective development standards in Title 14,
the following standards shall prevail:
a. Four-foot rear and side yard setbacks are required.
b. Sixteen-foot height limit for portions of new development located outside the minimum rear and
side yard setbacks of the parcel's zoning district. This height limit shall not be imposed for an SB 9
Housing Development constructed in the same location and to the same dimensions as an
existing structure.
c. One (1) off-street parking space is required per dwelling. No parking shall be required if:
i. The parcel is located within one-half mile walking distance of either a high-quality transit
corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a
major transit stop as defined in Section 21064.3 of the Public Resources Code; or
ii. There is a designated area where a car share vehicle may be accessed within one (1) block
of the parcel.
3. Exceptions to Development Standards.
a. Notwithstanding subsection 2 of this section, all development standards shall be subject to the
following exceptions:
i. Any standards that would have the effect of physically precluding the construction of two
(2) units of at least eight hundred (800) square feet shall not be imposed.
ii. Election of development standards. If necessary, objective zoning, subdivision, or design
standards will be set aside in the following order until the site can contain two (2), eight
hundred-square-foot units:
a) Natural state (where applicable) or lot coverage, whichever is more restrictive
on the subject parcel;
b) Natural state (where applicable) or lot coverage, whichever is less restrictive on
the subject parcel;
c) Front setbacks;
d) Second floor area limitations;
iii. No setback shall be imposed for an SB 9 Housing Development constructed in the same
location and to the same dimensions as an existing structure.
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b. SB 9 Housing Developments are not eligible for any additional exceptions, variances, or other
deviations from the objective development standards.
( Ord. No. 2013 , § 2, 8-1-2022)
14.16.285 Accessory dwelling units (ADUs).
A. Purpose. The purposes of the ADU regulations are to:
1. Implement policies of the housing element of the San Rafael general plan encouraging the provision of
accessory dwelling units as a source of affordable housing;
2. Establish a streamlined process for reviewing applications for ADUs;
3. Establish a list of development standards for ADUs; and
4. Comply with provisions of state law as they relate to the development of ADUs;
B. Applicability. An ADU as defined in Chapter 14.03 is permitted in any zoning district that allows the
development of single-family or multifamily dwelling residential uses. ADUs may be permitted on any lot
with a legal nonconforming residential structure. See exceptions in Section 14.16.282.C.1.f for limitations on
parcels created by an urban lot split (Chapter 15.155). The following are the four (4) types of accessory
dwelling units permitted within the city:
1. Attached ADU. An accessory dwelling unit that shares at least one (1) common wall with an existing
primary dwelling and is not fully contained within the existing space of the primary dwelling or an
accessory structure. An attached ADU also includes an ADU which is proposed to be constructed
concurrently with a proposed primary dwelling unit and which is attached to or constructed within said
primary dwelling unit.
2. Detached ADU. An accessory dwelling unit that does not share a common wall with the existing or
proposed primary dwelling and is not fully contained within the existing space of an accessory
structure.
3. Internal ADU. An accessory dwelling unit that is fully contained within the existing space of an existing
primary dwelling or contained within the existing space of an existing accessory structure.
4. Junior accessory dwelling unit ("JADU"). As defined in section 14.03.030 "definitions."
C. Ministerial Review. A proposed ADU or JADU that complies with the following development standards
(subsections C.1 and C.2.), objective design standards (subsection C.3) and general standards (subsection
C.1.d), shall be approved ministerially within the time frames established by subsection D of this section, and
shall only be subject to issuance of a building permit. No discretionary review or public hearing shall be
required.
1. Except as permitted by subsection E of this section, development standards applicable to all accessory
dwelling units shall be as set forth in Table 14.16.285:
Table 14.16.285
Attached
ADU
Detached
ADU
Internal
Conversion
ADU
JADU* NOTES
Minimum Floor Area 150 square
feet
150 square
feet
150 square
feet
150 square
feet
Maximum Floor Area 1,000 sq. ft.
or 50% of the
1,000 square
feet
N/A 500 square
Feet
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floor area of
an existing
primary
dwelling unit,
whichever is
less
Lot Coverage Limits None None None None
Setbacks (Minimum)
Front Same as
primary
dwelling
Same as
primary
dwelling
N/A N/A
Side 4 feet 4 feet N/A N/A (A)
Rear 4 feet 4 feet N/A N/A (A)
Front Entry 10 feet from
any right-of-
way
10 feet from
any right-of-
way
N/A N/A
Maximum Height 16 feet 16 feet N/A N/A (B), (C)
Parking 1 space 1 space None None (D)
Separate independent
entrance required?
Yes Yes Yes Yes
Interior access allowed? No No No Yes
Separate sanitary facility
required
Yes Yes Yes No (E)
Kitchen required
Yes Yes Yes Yes (F)
;note; * See subsection C.2 for additional requirements for junior accessory dwelling units
(A) Decks, balconies and platforms greater than twelve (12″) attached to or associated with a detached or
attached accessory dwelling unit shall be located at least four feet (4′)from a rear or side property line.
(B) Height measurement shall be as defined by SRMC Section 14.03.030 except as follows:
1. Height measurement shall exclude flagpoles not exceeding a height of twenty -four feet (24′),
aboveground utility distribution facilities including communications towers and public water
tanks, windmills, monuments, mechanical appurtenances, satellite dish es in multifamily and
nonresidential districts and architectural features such as screening for mechanical equipment,
chimneys, steeples and cupolas.
(C) EA-overlay district exception to height standard: See Section 14.16.285.C.3.b. for exception to height
standard in Eichler-Alliance Overlay District.
(D) Parking see parking subsection C.5. for exclusions to the parking requirements.
(E) A JADU may include separate sanitary facilities or share sanitary facilities with the primary residence.
(F) A JADU shall include a kitchen as defined in SRMC Chapter 12.255 "California Residential Code
Amendments".
2. JADU Additional Standards. In addition to the development standards in Table 14.16.285 and objective
design standards in section C.3, a JADU shall comply with all provisions of this subsection unless
expressly indicated otherwise:
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a. Maximum Number per Lot. Not more than one (1) JADU shall be permitted per legal lot.
b. Rental. A JADU may be rented but shall not be sold or otherwise conveyed separately from the
primary dwelling.
c. Owner-occupancy shall be required in the single-family residence in which the JADU will be
permitted. The owner may reside in either the remaining portion of the structure or the newly
created JADU. Owner-occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
d. A deed restriction shall be recorded, which shall run with the land, shall be filed with the
permitting agency, and shall include both of the following:
(1) A prohibition on the sale of the JADU separate from the sale of the single-family residence,
including a provision that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the JADU that conforms with this subsection.
3. Objective Design Standards. Except as provided in subsection E of this section (units subject to limited
standards), an ADU shall comply with the following design standards:
a. Foundation. An accessory dwelling unit shall be constructed on a permanent foundation.
b. In Eichler Alliance (EA) district, an ADU shall not exceed the height of the existing residence or a
maximum height of seventeen (17) feet, whichever is less.
4. General Standards. Except as provided in subsection E of this section (units subject to limited
standards), an ADU shall comply with the following general standards:
a. Maximum Number per Lot. Not more than one (1) ADU shall be permitted per legal lot.
b. Rental. An ADU may be rented but shall not be sold or otherwise conveyed separately from the
primary dwelling, except as provided in California Government Code Section 65852.26, as that
section may be amended.
5. Parking.
a. One (1) parking space shall be provided per ADU except where the proposed ADU meets any
criteria of subsection b. of this subsection. This parking space may be permitted anywhere on the
lot, may be tandem parking on a driveway, and may be covered or uncovered.
b. No parking shall be required for the following:
(1) The ADU is located within one-half (½) mile walking distance of public transit as defined in
Government Code 65852.2(j)(9), as that section may be amended, at the time the
application is filed with the community development department.
(2) The ADU is located within an architecturally and historically significant historic district.
(3) The ADU is part of the proposed or existing primary residence or an existing accessory
structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is a car share vehicle located within one (1) block of the ADU at the time the
application is filed with the department.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the
constructions of an ADU or converted to an ADU, those off-street parking spaces need not be
replaced.
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6. Nonconforming Conditions. The city shall not require, as a condition for approval of an ADU
application, the correction of nonconforming zoning conditions.
7. Building Code and Housing Code. A new or expanded ADU shall comply with the Uniform Building Code
and Uniform Housing Code in addition to the requirements of this section.
D. Timeline for Review
1. The city shall act on the ADU application within sixty (60) days from the date the city receives a
completed application if there is an existing single-family or multifamily dwelling on the lot.
2. If the ADU application is submitted together with a permit application to create a new single -family
dwelling on the lot, the city may delay acting on the ADU permit application until the city acts on the
permit application to create the new single-family dwelling.
3. When Dependent on Separate Construction. When a proposed attached ADU or detached ADU is
dependent on the construction of a new building or new portion of a building that is not a part of the
ADU ("separate construction"), the city shall either:
a. Accept and begin processing the ADU application only after acting on an application for the
proposed separate construction; or
b. Upon written request from the applicant, review and act on the ADU together with the separate
construction as part of a single application. In this case the ADU is subject to the same review
procedures and requirements as the separate construction.
4. If the applicant requests a delay in the processing of an ADU application, the 60-day time period set
forth in subsection D.1 of this section shall be tolled for the period of the delay.
5. The city shall be deemed to have acted on the application if the city:
a. Approves a building permit for the ADU; or
b. Denies a building permit for the ADU; or
c. Determines that the ADU does not qualify for ministerial approval.
E. Units Subject to Limited Standards. Without regard to subsections C.1 and C.2 (Development Standards),
subsection C.3 (Objective Design Standards) and subsection C.4 (General Standards) of this section, the city
shall ministerially approve an application for a building permit within a residential or mixed-use district to
create any of the four (4) types of ADUs described below. The below categories of ADUs shall not be
combined (only one (1) of the four (4) categories of ADUs shall be approved pursuant to this section, per lot).
For each type of ADU, the city shall require compliance only with the standards in this subsection:
1. Internal ADU. One (1) ADU and one (1) JADU as follows:
a. The ADU and JADU are within the proposed space of a single-family dwelling or existing space of
a single-family dwelling or existing accessory structure and may include an expansion of not more
than one hundred fifty (150) square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The JADU complies with the definition in section 14.03.030 of this code and the requirements of
subsection C of this section.
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2. New Construction. One (1) detached or one (1) attached, new construction ADU per lot with an existing
single-family dwelling. The ADU may be combined with a JADU as defined in section 14.03.030 (Junior
accessory dwelling units) and described in subsection C of this section (JADU). The ADU must comply
with the following:
a. Maximum floor area: Eight hundred (800) square feet.
b. Maximum height: Sixteen (16) feet.
c. Minimum rear and side setbacks: Four (4) feet.
3. Conversion of Non-Livable Multifamily Space. Multiple ADUs within the portions of existing multifamily
dwelling structures that are not used as livable space, including, but not limited to, storage rooms,
boiler rooms, passageways, attics, basements, or garages, subject to the following:
a. At least one (1) ADU is allowed within an existing multifamily dwelling up to a maximum of
twenty-five percent (25%) of the existing multifamily dwelling units; and
b. Each ADU shall comply with building code standards for dwellings.
4. Detached ADUs on a Multifamily Lot. Not more than two (2) ADUs that are located on a lot that has an
existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to the
following:
a. Maximum height: Sixteen (16) feet
b. Minimum rear and side setbacks: Four (4) feet.
5. An ADU permitted under this subsection E shall not be rented for less than thirty (30) days.
(Ord. 1838 § 39, 2005; Ord. 1802 § 1, 2003).
(Ord. No. 1882, Exh. A, §§ 54—56, 6-21-2010; Ord. No. 2002 , div. 11, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)
14.16.286 Reserved.
Ord. No. 2002 , div. 12, adopted December 6, 2021, repealed § 14.16.286, which pertained to junior second units
and derived from Ord. No. 1937 , § 2, January 19, 2016.
14.16.290 Shoreline embankments.
Rock rip rap, or clean, sized concrete with rock rip rap facing shall be used on the outside face of levees
facing the bay whenever levee improvements are required.
(Ord. 1625 § 1 (part), 1992).
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.
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The typical vision triangle area shall be determined as follows:
Illustration 14.16.295
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.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 6.7), 8-16-2021)
14.16.300 Small lots.
Development of small lots shall be permitted in accordance with all the requirements of the district. Such
development shall be considered conforming with the following additional limits in residential districts:
A. No small lot shall be further reduced in area or width, except as required for public improvements.
B. Small lots which are contiguously owned are subject to the merger provisions of the State Subdivision
Map Act.
C. This section does not apply to the PD district.
(Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).
( Ord. No. 1990 , div. 1.5, 3-1-2021)
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.
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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, except as noted in Section 14.16.305,C.2. below to
determine appropriate setbacks.
2. Setbacks. Small wind energy systems shall be located a minimum distance from all property lines equal
to one-half (½) of the total extended height of the unit above grade or the roof mounting point. The
total extended height shall include the distance above grade to a blade tip of a wind turbine at its
highest point of travel. 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 (1) of the following means:
a. Removal of climbing pegs or rungs within twelve feet (12') of grade,
b. Installation of a locked anti-climb device on the tower,
c. Installation of a locked, protective fence at least six feet (6') in height that encloses the tower; or
d. Other means of security deemed comparable by the building official.
5. Minimum Clearance. A minimum clearance of at least twelve feet (12') shall be maintained from the
ground level surface elevation to the blade tip of a wind turbine at its lowest point of travel.
6. Lighting. No illumination of the turbine or the tower shall be allowed, except where required by the
Federal Aviation Administration.
7. 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.
8. Reserved.
9. 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 pr ovided 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.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 16, 11-19-2018)
14.16.307 Solar installations.
A. Solar installations on developed properties. As provided under federal law, installation of solar panels on the
roof of permitted structures and paved parking areas or on the grounds of developed property that are
intended to offset the energy demand of the use of the property and in compliance with all applicable zoning
district development standards shall be permitted by right, subject to issuance of a building permit and
ministerial review for compliance with the following standards:
1. An environmental and design permit shall not be required for a solar installation proposed on a
developed property, consistent with these provisions and Section 14.25.040.D.4.
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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 twenty percent (20%) or photo-voltaic more than two thousand dollars ($2,000.00),
or decrease efficiency more than twenty percent (20%).
6. The city may require that panels be designed with low-reflectivity or glare-resistant surfaces to the
extent necessary to protect public health, safety and welfare, be placed as close to roof or grade
surface as feasible, and provide screening of the structural supports, as deemed necessary and
feasible; subject to limitations imposed by state law regarding impact upon the cost and efficiency of
the solar energy system. The facility may not be denied solely for aesthetic reasons.
7. Consistent with the provisions of state law, shade control protections, private parties can resolve any
disputes with respect to the Solar Shade Control Act (Ca Public Resources Code Div. 15, Section 25980
et. seq., Solar Shade Control Act) through a civil action.
B. Solar 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., 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 underlying zoning district land use
table(s).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.310 State lands commission title claims (Allardt's Canal).
Where development is proposed within Allardt's San Rafael Canal (see Map 14.16.310), public trust title
claims shall be resolved consistent with state law, subject to approval of the State Lands Commission.
Map 14.16.310
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(Ord. 1625 § 1 (part), 1992).
14.16.320 Swimming pools, hot tubs, and other mechanical equipment.
No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach into any front yard
or street side yard setback. 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 (and generally measured in direct line of sight of the equipment) is
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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.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.16.330 Transfer of density among properties.
A. Unique or Special Circumstances. Transfer of density among properties shall not be permitted except in cases
where there are unique or special circumstances (such as preservation of wetlands, or historic buildings
identified in the San Rafael Historic Building Inventory) which would cause severe environmental impacts if
the transfer were not allowed.
B. Use Permit Required. Transfer of density among properties shall be reviewed by the planning commission
through the use permit process.
C. Application. Applications for use permits for transfer of density among properties shall include but not be
limited to the following information:
1. Affidavits of consent from owners of all donor and receiving properties;
2. A calculation of the floor area ratio and/or density to be transferred;
3. A description of the proposed dedication, easement or covenant.
D. Findings. In order to approve a transfer of density among properties, the following findings shall be made:
1. All of the findings required for a use permit listed in Chapter 14.22, Use Permits;
2. There are unique or special circumstances (e.g., significant wetland, or historic building identified in the
historic building overlay district) which exist on the subject property which would cause severe
environmental impacts or degradation of historic value of a building or property if the transfer were
not allowed;
3. Proposed development for the receiving property shall be compatible in scale and design with
surrounding properties.
E. Conditions of Approval. A use permit approving transfer of density among properties shall contain as
condition(s) of approval the requirement of adequate mechanisms such as a recorded restrictive covenant
which runs with the donor and receiving tracts, or equally effective mechanisms, to ensure permanent
accountability of the density transfer. The mechanism shall affect all properties involved in the transfer of
density.
(Ord. 1625 § 1 (part), 1992).
14.16.335 Transfer of floor area ratio (FAR) between or among properties.
A. Transfer of floor area ratio (FAR) between or among properties shall not be permitted except under special
circumstances as specified below.
B. Use Permit Required. Transfer of FAR among properties shall be reviewed by the city council, with
recommendation by the planning commission, through the use permit process.
C. Application. Applications for use permits for transfer of FAR among properties shall include but not be
limited to the following information:
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1. Affidavits of consent from owners of all donor and receiving properties;
2. A calculation of the floor area ratio and/or density to be transferred;
3. A description of the proposed dedication, easement or covenant;
4. Any other information deemed necessary by the community development director.
D. Findings. In order to approve a transfer of floor area ratio (FAR) among properties, the following findings
shall be made:
1. The development of the beneficiary parcel is consistent with the general plan, except that FARs or
maximum densities may be exceeded, and
2. The proposed development will comply with all applicable zoning and design parameters and criteria as
well as traffic requirements; and one or both of the following:
a. A unique or special circumstances are found to exist (e.g. preservation of wetlands or historic
buildings) that would cause significant environmental impacts if the transfer is not allowed,
and/or
b. A significant public benefit, such as securing a new public facility site (e.g. park, school, library,
fire station, police station), will be provided.
(Ord. No. 1964 , § 2(Exh. B) § 17, 11-19-2018)
14.16.340 Transfer of density on-site.
A. Unique or Special Circumstances. Density permitted on a portion of a lot may be transferred and built on
another portion of the same lot only in the following unique or special circumstances:
1. To preserve sensitive site resources on a lot in a residential district, provided that there is adequate
infrastructure to serve the development and that the development is consistent with design policies
and with prevailing densities of adjacent development.
2. To secure public recreation facilities on surplus Dominican College land to serve the Dominican and
Montecito neighborhoods.
3. To retain school site public recreation and child care facilities in accordance with priorities in the
general plan.
4. To achieve development on downtown lots split by floor area ratio designations which is compatible in
scale with surrounding development.
B. Environmental and Design Review Permit Required. Transfer of density on -site shall be reviewed and
approved by the planning commission through the environmental and design review permit process.
(Ord. 1625 § 1 (part), 1992).
14.16.350 Reserved.
Editor's note(s)—Exh. A, § 57, of Ord. No. 1882, adopted June 21, 2010, deleted § 14.16.350 which pertained to
trip allocations, and derived from Ord. 1663, 1994; and Ord. 1625, 1992.
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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, including facilities within the public right-of-way 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 Telecommunica tions Act of 1996.
This section does not apply to small wireless facilities as defined under Section 14.03.030, which are
regulated by Section 14.16.361. To fulfill its 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 Commission (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 community development director, or delegated staff, to make certain determinations under
the provisions of this section.
B. Zoning Review Required.
1. Ministerial Review. A staff level ministerial review shall be required and obtained from the community
development director, and no discretionary use permit or environmental design review planning
permits shall be required, for the following types of wireless communications facilities to assure
compliance with the requirements of subsections G, H, I, J, K, L and M of this section:
a. Co-located facilities on an existing approved monopole or tower structure (i.e., ground 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 existing
facility 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 façade (i.e.,
stealth design). In general, to be deemed architecturally compatible and entirely integrated with
the building façade, 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 fa cility. 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 wireless communication facilities pursuant to the
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requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review
Permits, consistent with the provisions of this section:
a. New ground-mounted facilities (towers and monopoles) or significant additions proposed to
existing facilities that would increase its visual height, overall dimensions and/or lease area (e.g.,
more than ten-percent 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.
c. The community development director may determine that minor modifications to an existing
facility 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 sec tion 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.
D. 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 or 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 app lication form, and accompanied by the
required fee. Application procedures and processing timeframes shall be in accordance with state law
requirements and the procedural guidelines established by the community development director.
2. 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 city 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.
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5. Revised applications. Unless waived by the community 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 they shall
be deemed automatically withdrawn, unless the applicant has requested a one -time extension in
processing time to resubmit, not to exceed 90 days. If the application is deemed automatically
withdrawn, a new application shall be required in order to proceed with the project.
7. 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(s). 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,
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
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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.
8. 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 zoning district);
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.
9. Future Co-Location. For new ground-mounted towers or monopoles, a signed statement that the
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.
10. Story Poles. Story poles or mock-ups may be required if deemed necessary by the community
development director.
11. 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 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
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field radiation in table form, identify any measures required to comply with the FCC standards for
predicted exposure levels, provide a summary of the conclusions of the report and provide details for
any signage, barriers or similar mitigation that is recommended or required. If mitigation is required,
the details for signage, barriers or other physical improvements shall also be included on the project
plans prepared for the facility. It is the responsibility of the applicant to determine the location and
power of existing facilities.
12. 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.
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 deve lopment director
determines, pursuant to the provisions of Section 14.16.360.B.3, would require only an administrative level
environmental and design review permit.
G. General Location Standards. The most desirable location for new wireless communication facilities is co -
location on existing facilities or buildings. All wireless communication facilities shall be sited to avoid or
minimize land use conflicts in compliance with the following standards:
1. Preferred Locations. The following list of preferred locations for wireless communication facilities is in
order of preference from most to least preferred: Industrial, public or quasi -public, commercial and
office zoning districts are the preferred locations.
2. Less Preferred Locations. The following less preferred locations are listed in order of preference from
most to least preferred: Parks or open space and residential zoning districts.
3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within
residential, designated open space or conservation areas unless sufficient technical and other
information is 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.
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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, and other utility structures
where the co-location is found to minimize the overall visual impact of the new facility. Co -location of
small wireless facilities on light standards/poles, traffic lights, or other structures located within the
public right-of-way shall be subject to requirements of Section 14.16.361.
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 no n-
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 façade. A seamless integration
would include façade mounted facilities that are flush with the existing building wall or window plane
and that are finished to match the existing textures and finishes, or a high -quality faux tree or similar
monopole/tower design that would match existing surrounding vegetation or site characteristics.
Referral to the design review board may be required to confirm whether a particular design solution
would clearly integrate into an existing building or site and meet the intent of stealth design.
3. Ground-Mounted Facilities. All new ground-mounted wireless communication equipment, antennas,
poles, dishes, cabinet structures, towers or other appurtenances shall be:
a. Co-located on existing structures to the extent feasible. Co -location is preferred over new
monopoles or other towers erected specifically to support wireless communication facilities
unless technical evidence demonstrates that there are no other altern ative sites or feasible
support structures or the use of a monopole or tower would avoid or minimize adverse effects
related to the view shed, land use compatibility, visual resources and public safety.
b. Sited to be screened by existing development, topography or vegetation to the extent consistent
with proper operation of the wireless communication facility. Additional new, irrigated
vegetation, or other screening, may be required as a condition of approval.
c. Designed using high-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 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)
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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 paint ed, screened, fenced, landscaped
or otherwise treated architecturally to minimize its appearance from off -site locations and to
visually blend with the surrounding natural and built environment.
5. Signage. No advertising signage or identifying logos shall be displayed on any wireless communication
facility except for small identification plates used for emergency notification and legally required
hazard warnings.
6. Waiver Request. A waiver from these requirements may be requested if the applicant can show, by
substantial evidence, that compliance with a particular requirement is technologically infeasible or
would result in an unreasonable interference with signal quality. The applicant will be required to
prove that there are no feasible alternatives to the waiver request. A waiver request may be subject to
peer review conducted by a qualified RF engineering consultant selected by the city and paid for by the
project applicant.
I. Development Standards.
1. Height. The maximum height of building-mounted antennas shall be in compliance with the height
limitations for the zoning district in which they are located. An exception to antenna height may be
granted by the planning commission or zoning administrato r 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 adjoinin g parcel or public right-of-
way or otherwise create a safety hazard.
J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night
maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting
shall be constructed or located so that only the intended area is illuminated and off-site glare is fully
controlled.
K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and enhances
existing vegetation and provides new landscape material to screen proposed facilities through the following
measures:
1. The emphasis of the landscape design shall be to visually screen the proposed facility and stabilize soils
on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the
predominant natural setting of the adjacent area.
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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. Five-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.
The requirement for a five-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 establis h
procedures for:
a. Scheduling the five-year review period;
b. Hiring an expert to perform RFR testing;
c. Collecting reasonable fees; and
d. Enforcement actions for nonpayment of fees.
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3. Notification of Abandonment of Use. The owner or operator of an approved wireless communication
facility shall remove any abandoned facilities or restore the existing approved use of a facility within
ninety (90) days of termination of use.
4. Changes Affecting RFR. Any operational or technological changes to an approved wireless
communication facility affecting RFR exposures shall be reported promptly to the city, including any
change of ownership. The city may require new RFR testing within forty-five (45) days of notification.
5. Changes to FCC Standards. Owner or operators of all approved wireless communication facilities shall
make necessary changes or upgrades to their facilities in order to comply with any newly adopted FCC
standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after notification
of the changed FCC standards and the owner or operator shall notify the city in writing that the
upgrades have been completed.
6. Co-Location and Facility Upgrade Agreement. Owners or operators of all approved wireless
communications facilities shall agree to make their facility available for co-location with other carriers.
Modifications to the facility design shall be allowed to accommodate additional carriers on a site, as
well as to restore, replace, or upgrade any screening that is deemed obsolete and removed as a result
of modifications made to the primary site structure, or concurrent with any upgrades proposed to the
subject facility.
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.
O. 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, on private property shall be considered building mounted co -located on
an existing structure. Mounting of wireless facilities on light standards/poles, traffic lights, or utility
poles within the public right-of-way shall be governed by Section 14.16.361.
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.
(Ord. 1823 § 1 (Exh. A) (part), 2004).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1967 , §§ 3—5, 12-17-2018)
14.16.361 Small wireless facilities.
Notwithstanding any other provision of this title as provided herein, all small wireless facilities as defined by
the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are subject to a permit as specified in the San
Rafael city council's "Policies, procedures, standards and limitations for submittal and review of small wireless
facilities within the public right-of-way as set forth in the San Rafael Municipal Code Section 14.16.361" ("policy"),
as adopted and amended from time to time by city council resolution, and all small wireless facilities shall comply
with such policy. If the city council policy is repealed, an application for a small wireless facility shall be processed
pursuant to Section 14.16.360.
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(Ord. No. 1967 , § 6, 12-17-2018)
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 (Water Conservation), as adop ted 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 materia ls 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 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;
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 t o 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 amended. 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
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and/or grading permit, such permits shall not be issued until the applicant has secured, in writing,
MMWD approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance
as adopted and periodically amended.
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 amendments. All enforcement actions for ordinance noncompliance or violations shall be
administered by MMWD.
(Ord. No. 1882, Exh. A, § 58, 6-21-2010; Ord. No. 1892, § 1, 2-22-2011; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
Chapter 14.17 PERFORMANCE STANDARDS
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 maintai n harmonious uses in the area. The
performance standards are consistent with the goals and policies of the general plan.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
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, 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:
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:
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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.
8. Beekeeping.
C. Other nonexempt animals are subject to individual case review, and may be subject to the following types of
standards:
1. Requirements for identification of animal guardianship, such as tagging or microchipping;
2. Requirements for spaying or neutering of animals;
3. Requirements for fences or fenced stockade areas;
4. Requirements regarding provision of food and water supply, such as supply locations, requirement for
closed, rodent-proof containers, etc.;
5. Requirements to secure or sequester animals in shelters during specified hours of the day or night to
minimize possible noise impacts;
6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces and
urine;
7. Requirement that all places and premises where the animal is to be kept shall be open at all reasonable
times and places to the inspection of the code enforcement manager or code enforcement officer, or
other code enforcement officials, and the county heal th 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.
D. Findings. In order to grant an administrative permit for the keeping of animals the following findings shall be
made:
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.
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8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby
properties or the natural habitat.
E. Nonconforming Animal Keeping, Declaration of Public Nuisance. The city council declares to be a public
nuisance any lot where animal keeping is operating in a manner that is not in conformance with this section.
(Ord. 1740 §§ 2—5, 1999; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.17.030 Community gardens.
A. Purpose. The purpose of the community gardens regulations is to implement specific policies of the
neighborhood design, community design, sustainability, and parks and recreation elements of the San Rafael
general plan, which:
1. Support social interaction and create a greater sense of community, encourage gathering places and
events in appropriate locations, such as community gardens;
2. Promote efforts to provide places where neighbors can meet each other;
3. In multifamily development, require private outdoor areas and on -site common outdoor spaces.
Common spaces may include recreation facilities, gathering spaces, and site amenities;
B. Applicability. Performance standards for community gardens shall apply in the residential, commercial,
industrial, public and quasi-public uses, and parks/open space zoning districts with the exception of the
downtown zoning districts.
C. Ministerial review required. Except where a use permit is required by the land use tables, a ministerial
review is required to determine that the community garden is in compliance with the provisions of this
section. If it is determined that the community garden is in full compliance with the provisions of this section,
the community garden shall be approved.
D. Standards.
1. Operating Rules. The applicant shall submit a list of operating rules for the proposed community
garden. Hours of operation shall be limited from sunrise to sunset.
2. Americans with Disabilities Act (ADA). The project shall be designed to provide access to the general
public and be ADA-compliant in accordance with the requirements of Title 24, California Code of
Regulations.
3. Parking. On-site parking is required and shall including an area for one van accessible parking space
located on site nine feet (9′) × eighteen feet (18′) with an eight-foot (8′) wide accessible aisle meeting
ADA standards and a space to accommodate vehicular delivery and removal of materials.
4. Trash and Recycling. Trash and recycling shall be adequately provided on site and the project sponsor is
responsible for implementing a trash recycling program, which shall also include the installation of
recycling receptacles for garden users on the project site.
5. Green Waste. Green waste facilities shall be provided on site.
6. Material Storage. Identify on the site plan storage for all garden tools, supplies and compost in a secure
manner and screened from view from off-site. Compost and other odorous materials shall be stored in
a location and manner that does not affect adjacent property owners.
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7. Landscaping. Provide a landscape and irrigation plan for review and approval of the planning division
and the department of public works which provides trees within the landscape setback along the
property frontage with the following detail.
a. The project landscape architect/designer shall select a tree species that is appropriate to the site
and soil conditions. Trees shall be planted at a twenty -four inch (24″) box size and spaced at
twenty-foot (20′) intervals.
b. All landscaping shall be maintained in good health through the life of the project. Any dying or
dead landscaping shall be replaced in a timely fashion and all landscaping shall be maintained in a
healthy and thriving condition, free of weeds and debris.
c. The landscape and irrigation plan must be designed to comply with Marin Municipal Water
District (MMWD) Water Conservation Ordinance No. 421.
8. Fences. Fences are allowed subject to the regulations in Chapter 14.16 of the city of San Rafael
Municipal Code, Zoning.
9. Lighting. Exterior lighting shall be limited to security lighting as required and approved by the city
police department.
10. Signage. A sign plan shall be submitted and shall demonstrate location of the following required
signage:
a. Two signs shall be posted on the subject property.
b. One sign shall be posted in the common area of the garden noting the name and contact
information for the garden management; and
c. One monument-type address sign, not exceed twenty (20) square feet in area and six (6) feet in
height, shall be posted at the garden entrance. The property address numbers shall be posted
prominently on the monument sign.
11. MCSTOPP/Drainage and Clean Site Water. The site must be designed and maintained so that runoff of
surface water will not drain onto adjacent property. The project engineer shall incorporate features
that would provide for clean site waters in accordance with RWQCB and Marin County Stormwater
Pollution Prevention Program (MCSTOPPP) standards before they enter the city storm water drainage
system. Features can include the installation of grassy swales to connect and filter surface water
runoff.
12. The project shall comply with the MMWD backflow prevention requirements. If, upon the district's
review of the final plans backflow protection is warranted, compliance shall include installation, testing
and maintenance. Questions regarding backflow requirements should be directed to the MMWD
backflow prevention program coordinator at (415) 945-1559.
13. Pest Management. The operation of the community garden shall comply with the city's Integrated Pest
Management (IPM) program. Signs shall be posted and maintained within the garden area notifying
garden users of the rules and consequences for using pesticides and herbicides that are not allowed on
the IPM.
(Ord. No. 1964 , § 2(Exh. B) § 18, 11-19-2018)
14.17.040 Animal care facilities.
A. Purpose. Performance standards related to animal care facilities protect the public health, safety and general
welfare by minimizing potential nuisance factors that may result from the caring of animals.
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B. Applicability. Performance standards for animal care facilities, unless specifically exempted by this subsection
shall apply throughout the City of San Rafael. A use permit approved by the zoning administrator, issued
pursuant to Chapter 14.22 of this division, shall be required for animal care facilities within the City of San
Rafael.
C. Findings. In order to grant a use permit for animal care facilities in an office/commercial district, the
following findings shall be made:
1. Compliance with Applicable Laws. The animal care facility will not violate any provision of the San
Rafael Municipal Code or any other applicable provision of law. The animal care facility shall maintain
an employee handbook outlining best management practices for handling of animals, handling medical
waste and disposal of animal waste.
2. Sound Attenuation. The animal care facility shall not result in sound levels that exceed the noise levels
established under Chapter 8.13 for any adjacent tenant spaces or properties.
3. Waste. The animal care facility shall include and maintain adequate waste and hazardous waste
facilities at all times.
4. Nuisances. The animal care facility will not result in other public or private nuisances.
( Ord. No. 2015 , § 4, 9-6-2022)
14.17.050 Reserved.
Ord. No. 1996 , div. 2(Exh. A, 7.1), adopted August 16, 2021, repealed § 14.17.050, which pertained to offices and
financial institutions in the Fourth Street retail core and the West End Village and derived from Ord. 1694 § 1
(Exh. A) (part), 1996: Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992.
14.17.060 Fortunetelling.
A. Purpose. Performance standards for fortunetelling ensure police department review and background
investigations of prospective fortunetelling businesses, consistent with Municipal Code Chapter 8.12. Police
department review is required in the interest of public health, safety and welfare due to potential criminal
activities, including theft by fraud, deceit, false pretenses, trick or device which may be associated with such
businesses.
B. Applicability. Performance standards for fortunetelling shall apply in any district in which fortunetelling is a
conditional use. Compliance with performance standards shall be reviewed through the administrative use
permit process.
C. Standards.
1. Police Department Permit. Review and approval by the police department is required for any proposed
fortunetelling use.
2. Operation. The proposed fortunetelling operation shall conform with all of the provisions of the
municipal code pertaining to such uses (Municipal Code Sections 8.12.050 through 8.12.060, inclusive)
to the satisfaction of the San Rafael police department.
3. Parking. Fortunetelling uses shall provide parking consistent with Chapter 14.18, Parking Standards.
Fortunetelling uses shall be considered equivalent to a personal service use for the purposes of
determining parking requirements.
4. Signs. Signs for fortunetelling businesses shall conform with Chapter 14.19, Signs.
(Ord. 1625 § 1 (part), 1992).
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14.17.070 Game arcades.
A. Purpose. Standards for game arcades with coin-operated amusement devices ensure that such facilities
coexist harmoniously with other uses in the neighborhood in which they are located. Performance standards
for game arcades are intended to prevent the occurrence or increase in the incidence of loitering, vandalism,
pedestrian obstruction, excessive noise or any other activity that may have an adverse effect on adjacent or
nearby properties, residences or businesses.
B. Applicability. Performance standards for game arcades with coin-operated amusement devices shall apply in
any district in which game arcades are a conditional use. Compliance with performance standards shall be
required and reviewed through the use permit process. Initial use permits shall be granted by the planning
commission for periods of no more than six (6) months. The zoning administrator may approve time
extensions to the initial use permit.
C. Findings. In approving initial use permits and time extensions for game arcades with coin -operated
amusement devices, findings must be made that the use will not or has not created or increased the
incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have
an adverse effect on adjacent or vicinity properties, residences or businesses.
D. Standards.
1. Proximity to Schools. Game arcades shall not be located within three hundred feet (300′) of a public or
private grammar, middle or high school.
2. Parking. One vehicular parking space shall be provided for each five (5) coin -operated amusement
devices.
3. Bicycle Parking. One (1) on-site bicycle parking space shall be provided for each two (2) coin-operated
amusement devices. Bicycle parking shall be in bicycle racks or stands and shall not obstruct required
exits. Bicycle parking may be required inside buildings if no acceptable outside area exists on-site.
Bicycle parking may be waived for "adults only" establishments.
4. Hours of Operation. Hours of operation shall be established on a case -by-case basis; however, the
maximum closing time that may be granted shall be eleven p.m. (11:00 p.m.). The planning commission
may grant exceptions to this limitation for "adult only" establishments or when it is demonstrated that
the use is clearly ancillary to another use.
5. Initial use permit; Six (6) Month Review Period. Use permits shall be granted for periods of no more
than six (6) months initially. The zoning administrator may approve extensions upon demonstration of
compliance with these standards.
6. Police Department Review. Police department review and approval is required for any proposed game
arcade with coin-operated amusement devices consistent with Chapter 10.40.
(Ord. 1625 § 1 (part), 1992).
14.17.075 Gun shops.
A. Purposes. Performance standards related to gun shops are intended to ensure the public safety by requiring
such shops to provide adequate security as well as appropriate hazardous materials storage.
B. Applicability. Performance standards for gun shops apply in all districts where gun shops are allowed.
Compliance with performance standards shall be reviewed through the administrative use permit process.
C. Standards.
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1. Police Department Review. Security and public safety measures shall be provided to the satisfaction of
the police department.
2. Fire Department Review. Appropriate hazardous materials storage measures shall be provided to the
satisfaction of the fire department.
3. Compliance with Other Laws. Approval of the requested permit is contingent upon demonstration of
compliance with applicable provisions of state and federal laws. All gun shops shall be operated
according to state and federal regulations.
4. Location. No gun shop shall be located within three hundred (300) feet of a day care facility, church, or
school. The three hundred (300) feet measurement shall be from lot line to lot line.
(Ord. 1748 § 3, 2000; (Ord. 1694 § 1 (Exh. A) (part), 1996).
14.17.080 Mobilehome parks.
A. Purpose. These provisions will promote diverse housing opportunities by encouraging the creation of stable
and attractive residential environments within mobilehome parks, and provide for a desirable transition to
the surrounding residential areas.
B. Applicability. Standards for mobilehome parks apply in any district in which mobilehome parks are a
conditional use, and shall be applied through the use permit process.
C. Standards.
1. Density and Development Standards. Mobilehome parks shall conform with all density and
development standards of the general plan and zoning district in which it is located, as well as with
applicable provisions of the California Health and Safety Code and the regulations set forth in Title 25,
Chapter 5 of the California Administrative Code. The yard and setback standards of the district shall
apply to the perimeter property line of the lot or lots of record, taken as a whole, on which a
mobilehome park is proposed.
2. Mobilehome Lot Identification. Each lot line shall be permanently marked consistent with the Title 25,
Chapter 2 of the Mobilehome Parks Act. Consistent with the requirements of Title 25, adjustment of a
lot line may be permitted after obtaining written authorization of the occupant(s) of the affected
mobilehome lot(s) and upon approval of a minor environmental and design review permit.
3. Setbacks. A manufactured home and all accessory structures shall be located in compliance with the
Mobilehome Parks Act setback and separation requirements.
4. Storage. In order to provide adequate storage for large items, such as boats, campers, and park
maintenance vehicles, a minimum of one hundred (100) square feet of screened parking area shall be
provided.
5. Usable Outdoor Area. A usable outdoor area shall be provided consistent with the requirement of the
zoning district in which it is located.
6. Parking. Parking shall be provided as required in Chapter 14.18, Parking Standards.
7. Environmental and Design Review. A mobilehome park is a major physical improvement subject to
Chapter 14.25, Environmental and Design Review Permits).
8. Landscaping. Landscaping shall be provided consistent with the requirement of the zoning district in
which it is located.
9. Lighting. Park lighting shall be provided consistent with the requirements of the Mobilehome Parks Act.
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10. Utilities. All utilities shall be underground.
(Ord. 1625 § 1 (part), 1992).
14.17.090 Motor vehicle repair uses (major or minor).
A. Purpose. Standards for motor vehicle repair uses mitigate potential noise, fumes, litter and parking problems
associated with motor vehicle repair facilities. The standards ensure that motor vehicle repair uses operate
harmoniously and are compatible with adjacent and surrounding uses. In addition to these standards, motor
vehicle repair uses must meet applicable federal, state and local regulations regarding storage, recycling and
disposal of hazardous wastes.
B. Applicability. Performance standards for major or minor motor vehicle repair uses shall apply in any district
in which a motor vehicle repair use is a conditional use. Performance standards for motor vehicle repair uses
shall be administered through a use permit or an administrative use permit process as specified in the land
use regulations for commercial districts (Chapter 14.05) and for industrial districts (Chapter 14.06).
C. Standards.
1. Spraying. All spraying operations are to be conducted within a spray booth which has been approved
by the city fire marshall.
2. Location of Repair Work. All repair work shall take place entirely within the building.
3. Vehicle Storage.
a. All vehicles which are visually damaged, disabled or visually in the process of repair shall be
stored and/or worked upon in a location on-site that is not visible from off-site. Vehicles not
visually damaged, waiting to be repaired or waiting to be picked up after repair, shall be stored
on-site but may be visible from off-site; or, in lieu of said on-site parking, alternate parking of
appropriate size and within five hundred feet (500′) may be substituted provided that at the time
a business license is issued or renewed, a lease for said parking concurrent with the term of the
business license is submitted.
b. Where non-administrative use permits are required, parking lot screening and landscape
standards (Section 14.18.160) shall be used as guidelines in project review.
4. Outside Storage. There shall be no outside storage of materials or equipment unless screened from
view in a manner approved by the planning director.
5. Parking. Parking for motor vehicle repair uses shall be consistent with Chapter 14.18, Parking
Standards.
6. Waste Disposal. Waste oils and other materials shall be disposed of properly and not discharged into
the storm drain or sewer system.
(Ord. 1625 § 1 (part), 1992).
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 commer cial
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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 (1) that is sufficient to facilitate recognition of persons at a reasonable distance. Type and
placement of lighting shall be to the satisfaction of the police department. The minimum of one (1)
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.
(Ord. 1838 § 40, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 59, 60, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 19, 11-19-2018; Ord. No. 1996 , div.
2(Exh. A, 7.2), 8-16-2021)
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14.17.110 Outdoor eating areas proposed in conjunction with food service establishments.
A. Purpose. The purpose of this section is to promote outdoor seating in conjunction with food service
establishments to enhance the pedestrian ambiance of the city. Performance standards ensure that outdoor
seating for restaurants and cafes does not adversely impact adjacent properties and surrounding
neighborhoods.
B. Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants or
other food service establishments shall apply in any zoning district where food service establishments are
permitted uses (as of right or by conditional use permit). Compliance with performance standards for
outdoor eating areas shall be reviewed through an administrative use permit and administrative
environmental and design review permit process for any existing food service establishment. In cases where
the restaurant or food service establishment is being proposed as a new use and is subject to a conditional
use permit in the zoning district is which it is located, the performance standards shall be incorporated into
the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or
rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be
regulated as provided in Section 14.16.277.
C. Standards.
1. Property Development Standards. The outdoor eating area shall comply with the property
development standards for the zoning district in which it is to be located.
2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally established
restaurant or food service establishment.
3. Intensification of Use. The proposed area for outdoor eating shall not exceed twenty -five percent
(25%) of the indoor seating area.
4. Parking. Parking shall be provided for all permanently covered outdoor seating areas located outside of
the downtown parking assessment district in accordance with parking standards in Section 14.18.040
(Parking requirements).
5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the
community development and public works departments shall be required. Perimeter barriers shall be
temporary/movable fixtures unless the sidewalk has been exp anded to accommodate an outdoor
eating area. In areas where the sidewalk has been expanded, a permanent barrier and/or structure can
be considered subject to terms and conditions of a license or lease agreement. If a barrier is bolted to a
public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and
approval of the public works director.
6. Sunshades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating
area, but there shall be no permanent roof, or shelter over the sidewalk cafe area unless the sidewalk
has been previously expanded to accommodate an outdoor eating area. Any awning, umbrella,
permanent roof or shelter shall be adequately secured, and shall comply with the provisions of the
Uniform Building Code.
7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable tables,
chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures may be
permanently affixed onto the exterior of the principal building, but shall be shielded from adjacent
uses.
8. Refuse Storage Area. No refuse structure enclosure or receptacle shall be erected or placed on a public
sidewalk or right-of-way.
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9. Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating
area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly
basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive
condition as determined by the community development director.
10. Hours of Operation. The hours of operation of the outdoor eating area may be limited depending on
surrounding uses.
(Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 61, 6-21-2010)
14.17.120 Outdoor storage.
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
properties, where such activities are listed as a conditionally permitted use in the land use tables of the
underlying district.
1. Outdoor storage uses shall be screened from public view with fencing, enclosure, structure
and/or landscaping as appropriate and necessary for the underlying zoning district, to provide a
buffer between adjacent uses, and to screen the use from public v iew.
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 ninety (90) days, or as
otherwise provided under the terms of a building permit issued for the site.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
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 standard s:
1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for periods not
exceeding thirty (30) consecutive calendar days;
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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 10.44).
C. Exemptions.
1. Events which occur in theaters, meeting halls or other permanent public assembly facilities;
2. Carnivals, fairs, bazaars or special events held on school premises or at religious institutions;
3. Special events less than seventy-two (72) hours and sponsored by the San Rafael business
improvement district;
4. Events which receive street closure approval from the city council.
5. Recycling or "e-waste" collection events conducted or sponsored by a public agency for the purpose of
collecting non-recyclable items such as electronics, paint or other materials and preclude deposit of
such items into the sanitary landfill, when located on a developed non-residential property for a
maximum duration of three (3) consecutive days and no more than two (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.
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4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be
available either on-site or at alternate locations acceptable to the community development director.
In approving the application for an administrative permit for a temporary use, the community development
director may impose conditions that are deemed necessary to ensure the permit will be in accordance with the
required findings and standards.
E. Standards. The applicant shall provide information to show that the following standards have been
satisfactorily addressed:
1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking
facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city 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 community d evelopment department, planning division.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be
reviewed by the 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 community development department,
planning division.
6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to the
satisfaction of the 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 up and restored to its
former condition.
9. Public Safety. Security and public safety measures shall be provided, including traffic control measures
if needed, to the satisfaction of the police department.
10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon
compliance with applicable provisions of other laws. Any event which includes the preparation, sale or
serving of food shall comply with Marin County Health Department standards and permit
requirements.
11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed
and operated in an orderly and efficient manner and in accordance with the intent and purpose of this
section.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 62, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS
Chapter 14.18 PARKING STANDARDS
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Chapter 14.18 PARKING STANDARDS
14.18.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of parking regulations
are to:
A. Promote the safety and convenience of all land use and circulation systems within the city by providing
standards and policies for the creation and maintenance of vehicular off-street parking and loading;
B. Promote more efficient street systems by reducing to a minimum the congestion which may be created
by uncontrolled parking;
C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction for
normal parking demands;
D. Promote compatibility among adjacent land uses and enhance the appearance of the city through
appropriate design and aesthetic standards related to parking;
E. Ensure that off-street parking and loading facilities are provided for new land uses and for major
alterations and enlargements of existing uses in proportion to the need for such facilities created by
each use;
F. Establish parking standards for commercial and industrial uses consistent with need and with the
feasibility of providing parking on specific commercial and industrial sites;
G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency,
protect the public safety and, where appropriate, insulate surrounding land uses from adverse impacts;
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.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 20, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.1), 8-16-2021)
14.18.020 Applicability.
A. Off-street parking, loading and bicycle facilities shall be provided for any new building constructed and for
any new use established, for any addition or enlargement of an existing building or use, and for any change
in the occupancy of a building or the manner in which the use is conducted that would result in additional
spaces being required, subject to the provisions of this chapter.
B. Provisions of this chapter shall apply uniformly throughout the city according to specific land usage and shall
be without regard to zoning district classification.
C. Parking areas may be reconfigured in compliance with the provisions of this chapter only.
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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(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, § 64, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 8.2), 8-16-2021)
14.18.030 Computation.
If, in the application of the requirements of this chapter, a fractional number is obtained, one (1) parking
space or loading berth shall be required for a fraction of one-half (½) or more, and no space or berth shall be
required for a fraction of less than one-half (½).
(Ord. 1625 § 1 (part), 1992).
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 survey s
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 Additional Standards
Residential See Section
14.16.282.C.2. for parking
requirements for SB 9
Housing Developments
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
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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 See Section 14.16.282.C.2
for parking requirements
for SB 9 Housing
Developments
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.
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.
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.
Accessory dwelling unit
(ADU):
See Section 14.16.285
Visitor accommodations
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Bed and breakfast inns 2 spaces plus 1 space per bedroom.
Hotels or motels 1 space per sleeping room plus 1 space for manager
plus 1 space for every 2 employees.
Hotels, convention or
hotels with banquet,
restaurant or meeting
facilities, etc.
Parking in addition to the hotel requirement is
required, as determined by a parking study. Parking
requirement as specified in use permit.
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.
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.
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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)
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.
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Industrial
Industrial uses 1 space per 500 gross building sq. ft.
Light industrial/office
mixed-use:
Light industrial sq. ft. of
building
1 space per 500 gross building sq. ft.
Office sq. ft. of building 1 space per 250 gross building sq. ft.
Mini-storage Parking study required. Subject to approval by the
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.
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.
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(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 65, 66, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, § 11),
3-19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 21—23, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.3), 8-16-2021; Ord.
No. 2002 , div. 13, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)
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
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 wiring for an electric vehicle
charging station shall be installed between an electrical service panel and an area of clean air vehicle parking
spaces as required by this section. The conduit shall be capped and labeled for potential future use.
(Ord. No. 1892, § 2, 2-22-2011; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.18.050 Off-street loading and unloading.
The minimum off-street loading and unloading space required for specific uses shall be as follows:
A. Retail and service establishments: one off-street loading and unloading space with minimum
dimensions of ten feet (10′) in width by thirty-five feet (35′) in length, with a fourteen-foot (14′) height
clearance.
B. Light industrial or mixed-use light industrial/office buildings: one off-street loading and unloading
space for each twenty thousand (20,000) square feet of gross building area. Each loading space shall
have minimum dimensions of twelve feet (12′) in width by sixty-five feet (65′) in length, with a
fourteen-foot (14′) height clearance.
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C. Each loading area shall have adequate driveways, turning and maneuvering areas for access and
usability, and shall at all times have access to a public street or alley.
D. In the office and industrial/office districts, loading areas shall not be located in required front or street
side yards.
E. Off-street loading and unloading spaces shall be adequately screened from view from public rights -of-
way to the satisfaction of the planning director.
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.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 8.4), 8-16-2021)
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.
(Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 24, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.5), 8-16-2021)
Editor's note(s)—Ord. No. 1964 , § 2(Exh. B) § 24, adopted November 19, 2018, amended § 14.18.060 and in so
doing changed the title of said section from "Downtown parking assessment district" to "Downtown parking
district," as set out herein.
14.18.061 Reserved.
Ord. No. 1996 , div. 2(Exh. A, 8.6), adopted August 16, 2021, repealed § 14.18.061, which pertained to Downtown's
West End and environs and derived from Ord. No. 1882, Exh. A, § 67, June 21, 2010.
14.18.070 Parking requirements for multiple uses.
A. Multiple Uses—Basis for Calculation. Where there is more than one use in a single structure or on a site, or
two (2) or more separate instances of the same use, off-street parking requirements shall be the sum of the
requirements for the various uses. Off-street parking required for one occupant of a structure shall not be
considered as satisfying the required parking facilities for another occupant of the structure, unless
otherwise provided in this chapter.
B. Changes in Occupancy in Multi-Tenant Buildings. Master use permits filed in accordance with Section
14.22.040, Master use permits, for multi-tenant buildings or sites with multiple uses shall specify the types
and allowable amounts of various uses. The total parking provided for the site shall be consistent with
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subsection A above. When occupants of a multi-tenant building or a multiple-use site change, the approved
mix and amount of land use shall be consistent with the master plan approval to ensure the provision of
adequate parking facilities.
(Ord. 1625 § 1 (part), 1992).
14.18.080 Parking requirements for reciprocal uses with shared parking facilities.
When two (2) or more uses share a common parking area and when a significant and complementing
variation in period of daily demands occurs (i.e., exclusive day and night uses), the zoning administrator may grant
reductions in the total parking required through a use permit; provided, that in no instance shall the total parking
required be less than would be required for any one of the independent uses. The zoning administrator shall base
a decision to approve or deny a parking reduction on a shared parking demand study prepared by a qualified
transportation engineer or other qualified parking professional.
(Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 68, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 25, 11-19-2018)
14.18.090 Bicycle parking.
A. Applicability. Bicycle parking shall be required for all new nonresidential buildings and in major renovations
of nonresidential buildings having thirty (30) or more parking spaces, and for all public/quasi -public uses.
B. Number of Short-Term Spaces Required.
1. Commercial, office, industrial, and multi-family residential uses: five percent (5%) of the requirement
for automobile parking spaces, with a minimum of one two -bike capacity rack.
2. Public/quasi-public uses: as determined by parking study, or as specified by use permit.
3. Exempt uses: animal sales and service; motor vehicle sales and services; building materials and supplies
(large-item); catering establishments; funeral and interment services; temporary uses; recycling
facilities; other uses as determined by the planning director.
C. Number of Long-Term Spaces Required.
1. For nonresidential buildings with over ten (10) tenant-occupants: Five percent (5%) of the requirement
for automobile parking spaces, with a minimum of one space.
D. Reduction of Vehicle Parking. Properties that provide bicycle parking in excess of the bicycle parking spaces
identified in Section 14.18.090.B. and/or C. may qualify for a reduction to the overall vehicle parking
requirements subject to the approval of a use permit for parking modification.
E. Design.
1. Short-Term Parking: Bike racks shall be provided with each bicycle parking space. The rack shall consist
of a stationary object to which the user can lock the bike.
2. Long-Term Parking: Acceptable parking facilities include:
a. Covered, lockable enclosures with permanently anchored racks for bicycles,
b. Lockable bicycle room with permanently anchored racks, or
c. Lockable, permanently anchored bicycle lockers.
3. Parking facilities shall support bicycles in a stable position.
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4. The facilities shall provide at least an eighteen inch (18″) clearance from the centerline of adjacent
bicycles on the left and right, and at least ten inches (10″) to walls or other obstructions.
5. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have
a width of at least five feet (5′) to the front or rear of a standard six-foot (6′) bicycle parked in a facility.
6. Bicycle parking should be situated at least as conveniently to building entrances as the most
convenient car parking area, but a minimum distance of one hundred feet (100′) of a visitors' entrance.
Bicycle and auto parking areas shall be separated by a physical barrier or sufficient distance to protect
parked bicycles from damage by cars.
7. Bicycle parking facilities should be located in highly visible, well-lit areas to minimize theft and
vandalism.
8. Overhead coverage or rain shelters for bicycle parking facilities are encouraged.
9. The planning director (or the planning director's designated appointee) shall have the authority to
review the design of all bicycle parking facilities required by this title with respect to safety, security
and convenience.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1892, § 3, 2-22-2011; Ord. No. 1964 , § 2(Exh. B) § 26, 11-19-2018)
14.18.100 Parking space dimensions.
A. Standard size parking spaces shall be nine feet (9') by nineteen feet (19') in dimension, except that in
downtown, the standard size parking space shall be eight and one -half feet (8.5') by eighteen feet (18') in
dimension.
B. Compact parking spaces shall be eight feet (8′) by sixteen feet (16′) in dimension.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 69, 6-21-2010)
14.18.110 Compact spaces—Allowable percentage.
A. Allowable Percentage. A maximum thirty percent (30%) of the required parking spaces may be compact
spaces for facilities exceeding five (5) spaces.
B. Spaces Labeled. Compact spaces shall be labeled in parking facilities as compact spaces to the satisfaction of
the city traffic engineer.
C. Distribution. Compact spaces should be distributed throughout the parking lot to the extent feasible.
(Ord. 1625 § 1 (part), 1992).
14.18.120 Tandem parking prohibition.
Tandem parking is prohibited, unless approved under this section:
A. Under Section 14.18.150, Alternate parking locations for uses with insufficient parking;
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B. With an environmental and design review permit under the Hillside Residential Design Guidelines
Manual;
C. For an accessory dwelling unit, as provided for in Section 14.16.285 of this title; or
D. As a concession granted for residential projects which include sufficient affordable housing units, as
provided for in Section 14.16.030(H)(3)(a)(i) of this title.
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.
F. As part of a mechanical or automated parking system.
(Ord. 1838 § 41, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 27, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.7), 8-16-2021)
14.18.130 Parking facility dimensions and design.
A. Minimum Standards.
1. The following shows the minimum dimensions for aisle widths and parking spaces for parking facilities.
Where the configuration and/or layout angle for proposed parking differs from those shown, the
dimensions shall be prorated and adjusted accordingly, as approved by the city traffic engineer.
2. Aisle widths and parking space dimensions in excess of the minimum standards may be required on the
recommendation from the city traffic engineer, city engineer or fire department where indicated by
traffic, grade or site conditions. An exception to the minimum aisle widths may be granted, subject to
Section 14.24.020(F), Parking.
Illustration A for Section 14.18.130
60° ONE WAY 60° TWO WAY
A B C D DIMENSION A B C D
STANDARD
10′-6″ 18′-0″ 20′-0″ 56′-0″ City-wide 10′-6″ 18′-0″ 24′-0″ 60′-0″
* * * * Downtown * * * *
9′-3″ 15′-0″ 20′-0″ NA COMPACT 9′-3″ 15′-0″ 24′-0″ NA
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90° TWO WAY ONE WAY PARALLEL
A B C D DIMENSION A B C D
STANDARD
9′-0″ 19′-0″ 26′-0″ 64′-0″ City-wide 22′-0″ 9′-0″ 12′-6″ 30′-6″
8′-6″ 18′-0″ 26′-0″ 62′ Downtown * 8′-6″ * *
8′-0″ 16′-0″ 26′-0″ NA COMPACT 20′-0″ 8′-0″ 12′-6″ NA
* As approved by the Traffic Engineer.
B. Parking Spaces for the Handicapped. All parking facilities shall comply with state requirements regarding
parking for the disabled, as per state Chapter 71 of the Uniform Building Code, Site Development
Requirements for Handicapped Accessibility.
C. Double Line Striping. Delineation of parking stalls by double line striping is encouraged, and may be required
by the city traffic engineer based on site conditions, such as "high turnover" utilization or restricted
maneuvering space.
D. Tree Wells. Tree wells shall have a minimum area of 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.
E. Curb Overhang. A minimum of two feet (2′) shall be allowed for overhang at curblines. Where overhangs are
provided, the minimum stall depth (dimension "B") may be reduced by two feet (2′). Wherever "parking
overhang" encroaches into sidewalk areas, the sidewalks shall be a minimum of six feet (6′) in width. In
landscaped areas, ground cover and irrigation systems should not be placed within the overhang areas.
F. Parking Stall Access. Use of a required parking space shall not require more than two (2) vehicle maneuvers.
At the end of a parking facility with four (4) or more parking spaces, an aisle or driveway providing access to
the end parking space shall extend at least two feet (2′) beyond the required width of the parking space in
order to provide adequate on-site area for turnaround purposes.
Illustration B for Section 14.18.130
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TYPICAL END STALL TREATMENT
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 70, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.18.140 Access to public right-of-way.
A. Driveway Widths. The minimum curb cut for driveways at the face of the curb shall have the following
minimum inside depressed width.
1. Serving a residential use:
6 or fewer spaces: 10 feet
7 to 24 spaces: 12 feet (1-way) or 20 feet (2-way)
25 or more spaces: 12 feet (1-way) 24 feet (2-way)
2. Serving a nonresidential use:
6 or fewer spaces: 12 feet
7 to 24 spaces: 12 feet (1-way) or 20 feet (2-way)
25 or more spaces: 15 feet (1-way) or 26 feet (2-way)
The zoning administrator, planning commission or city council may, on the basis of a recommendation from
the city traffic engineer, city engineer or fire department, require driveways in excess of the above widths where
needed by traffic, grade or site conditions. They may also require driveways to be constructed with full curb
returns and handicapped ramps as opposed to simple curb depression.
B. Separation Distance of Driveways Serving the Same Parking Facility. Driveways serving the same parking
facility shall be located at least twenty-five feet (25′) apart.
C. Driveway Grades. Driveway grades shall be subject to review and determination by the city engineer.
Maximum driveway grade typically allowed is eighteen percent (18%).
D. Encroachment Permit Required. An encroachment permit is required from the public works department for
work done in the public right-of-way. (Note: See Chapter 11.04 of the municipal code).
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
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14.18.150 Alternate parking locations for uses with insufficient parking.
To reduce existing on-street parking congestion where dwelling units were legally built with fewer than the
currently required number of parking spaces, additional on-site parking for vehicles belonging to the residents of
such developments shall be permitted as follows.
A. The zoning administrator, by environmental and design review permit, may approve, for single -family
or duplex units, the location, including tandem parking, of additional parking spaces in the front or
street side yards, providing that the following findings can be made:
1. Additional on-site parking is not used as the basis for increasing the number of residential units;
2. Such parking will not create hazards by obstructing views to or from adjoining sidewalks and
streets;
3. Fifty percent (50%) of the front and street side yards are landscaped.
B. The zoning administrator, by environmental and design review permit, may approve, for multifamily
development, additional on-site parking in patterns or locations that do not meet current standards,
providing that the following findings can be made:
1. Such parking will not create a hazard or nuisance to the neighborhood or adjoining neighbors;
2. Such parking is likely to be used;
3. Such parking will reduce existing on-street parking congestion;
4. Needed on-site recreation facilities are not adversely affected.
(Ord. 1625 § 1 (part), 1992).
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 with the 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:
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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').
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.
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
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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
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 8.8), 8-16-2021)
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, as well as to be
compatible to the architectural design and landscape plan. Light fixtures (e.g., pole and wall-mount) should be
selected and spaced to minimize conflicts with tree placement and growth. (See Section 14.16.227 for additional
standards on foot-candle intensity).
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.18.180 Residential districts—Garage and carport standards.
A. Single-Car Garages. The minimum interior dimensions of single-car garages shall be ten feet (10′) by twenty
feet (20′).
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B. Double-car Garages. The minimum interior dimensions of double-car garages shall be twenty feet (20′) by
twenty feet (20′).
C. Single-car Carports. The minimum interior dimensions of single-car carports shall be nine feet (9′) by
nineteen feet (19′).
D. Double-car Carports. The minimum interior dimensions of double-car carports shall be eighteen feet (18′) by
nineteen feet (19′).
(Ord. 1625 § 1 (part), 1992).
14.18.190 Recreational vehicle parking in residential districts.
In any of the following locations, parking of recreational vehicles, camper shells, trailers, boats and other
similar equipment, when parked or stored incidental to the basic residential use of the property, is permitted for
loading, unloading and storage purposes providing it does not obstruct the view of pedestrians and vehicles on the
adjacent sidewalk and/or street and does not otherwise constitute a nuisance.
A. For Single-Family and Duplex Residential Units. Recreational vehicle parking is permitted:
1. Within the garage, carport or parking space required by the zone in which the use is located; or
2. In the front yard setback when on the driveway to the garage, carport or parking spaces required
by the zone; or
3. In the front yard setback between the existing driveway and the side property line when the
distance between the two is no greater than twelve feet (12′) at any point; or
4. In rear yards, interior side yards or other areas not defined as "yards," providing the unit is
partially or fully screened as viewed from off-street by a solid fence that conforms to the
permitted height limits, vegetation, structures or topography;
5. Recreational vehicles shall be parked in an orderly manner, generally perpendicular to the street.
Parking parallel to the front property line is prohibited;
6. No part of the recreational vehicle shall extend over the public sidewalk or right -of-way;
7. The parking space and connecting driveway shall be surfaced with gravel, concrete, asphalt or
similar materials.
B. For Multifamily Residential Units (Three (3) or More Units Whether Constructed as Apartments,
Townhouses or Condominiums) and Mobilehome Parks. Recreational vehicle parking is permitted in
areas that are designed and constructed for such purposes under permits approved by the planning
commission.
(Ord. 1163 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.18.200 Location of parking and maneuvering areas.
Parking or maneuvering areas, excluding access driveways, shall be prohibited in all required yard areas in
the medium- and high-density residential districts.
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
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14.18.210 Commercial parking in MR and HR districts.
Public or private parking lots for automobiles may be permitted in a medium-density or high-density
residential district adjacent to any nonresidential district, providing a use permit and environmental and design
review permit are first obtained in each case.
(Ord. 1625 § 1 (part), 1992).
14.18.220 On-site and remote parking.
A. All off-street parking and loading areas required herein shall be located on the same lot and readily
accessible to the specified use, provided that if the strict application of this requirement creates undue
hardship and in the opinion of the planning director creates conditions contrary to desirable development
practices but all other areas of intent for this chapter are complied with, remote parking areas which satisfy
all or part of specific parking requirements may be approved.
B. Remote parking areas shall be located within thirteen hundred feet (1,300′) of the specified use and shall
possess direct and convenient pedestrian access. Remote areas may serve more than one use, provided that
the gross number of spaces available shall not be less than the combined requirements for all uses served.
C. Requests for remote, off-site parking shall require an application for a use permit and shall be subject to a
review and recommendations by the community development director and traffic engineer, and approval by
the zoning administrator. Upon zoning administrator approval of any remote, off-site parking area, and prior
to occupancy of the proposed use, which parking satisfies the parking requirements, the owner of the lot
(proposed for remote parking site) shall execute and record a declaration of restriction, legally binding or
similar instrument satisfactory to the community development director, to restrict the use of the lot to public
and private parking of vehicles so long as the use conducted by applicant, or the applicant's successors in
interest, on the original site shall require the furnishing of parking facilities under the terms of the use
permit.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 71, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 28, 11-19-2018)
14.18.230 Parking spaces—In lieu payments.
Where practical difficulty is involved in meeting the off-street parking requirements for a building hereafter
constructed, the requirement may be met wholly or in part by in -lieu payments where the owner of the building
site offers (in writing) to make, and the city council agrees to accept, such payments. When such an offer is made,
the planning commission shall investigate and report to the city council its findings as to the reasons which are
alleged to make such substitution necessary. The city council may accept or reject the proposal for substitution,
and if it finds the substitution necessary, shall determine the amount of payment to be made. The payment shall
equal the fair market value of the land which would otherwise have been devoted to off -street parking, plus the
cost of paving and other improvements as determined by the city engineer. All moneys collected shall be used for
the purchase and improvement of off-street parking facilities. Each of such facilities shall be so located as to serve
primarily the general area and class of zoning district from which the respective in-lieu payments are derived.
(Ord. 1625 § 1 (part), 1992).
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14.18.240 Grandfathered parking.
A. No use of land lawfully existing on the effective date of the ordinance codified in this title shall be considered
nonconforming solely because of the lack of off-street parking, loading or bicycle facilities prescribed in this
chapter.
B. The number of existing required parking spaces may be reduced to achieve compliance with state or federal
disabled access requirements. In such instances, properties shall not be considered nonconforming solely
because of the lack of off-street parking prescribed by this chapter.
C. The number of required spaces within an existing parking lot approved or established prior to adoption of
this section (i.e., June 16, 2012) may be reduced in order to achieve greater conformity with the city urban
runoff pollution prevention standards contained in San Rafael Municipal Chapter 9.30, as required by the
department of public works, and/or the parking lot landscape regulations contained in Section 14.18.160,
provided that the property owner can demonstrate to the satisfaction of the public works department
and/or community development director that sufficient parking and vehicle maneuvering will remain to
support the 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.
E. A 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.
F. Determination of the amount of parking improvements required to upgrade or improve existing substandard
parking conditions shall be made by the 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.
(Ord. 1838 § 42, 2005: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
14.18.250 Permanence of off-street parking.
A. Once any off-street parking or loading space has been provided, which wholly or partially meets the
requirements of this title, such off-street parking or loading space shall not thereafter be reduced, eliminated
or made unusable in any manner which renders the on-site parking inadequate for the building and/or uses
in existence on or created after the adoption of the ordinance codified in this title. Covered parking shall not
be converted to uncovered parking.
B. Accessory off-street parking or loading facilities which are located on the same lot as the building or use
served, and which were in existence on the effective date of the ordinance codified in this title, or were
provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than,
shall not further be reduced below, the requirements of this title for a similar building or use.
(Ord. 1625 § 1 (part), 1992).
Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS
Chapter 14.19 SIGNS
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Chapter 14.19 SIGNS
14.19.010 Purpose.
The provisions of this chapter shall regulate the location, size, type and number of signs permitted within the
city of San Rafael. The purpose of this chapter shall be:
A. To safeguard and enhance property values;
B. To protect the public and private investment in buildings, improvements and open spaces;
C. To preserve and improve the visual appearance of the city as a place to live and work;
D. To encourage sound signage practices as a means to aid existing and new businesses and provide
information to the public;
E. To ensure the preservation of freedom of speech;
F. To preserve and promote traffic safety;
G. To protect the public health, safety and general welfare of the community at large.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.020 Applicability and interpretation.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.021 Compliance as of effective date of this chapter.
The provisions of this chapter shall apply to all signs posted, installed, erected, constructed, or a change of
sign copy on or following the effective date of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.022 Applicability to sign content.
The provisions of this chapter do not regulate the message content of signs or sign copy, regardless of
whether the message content is commercial or noncommercial. In each instance and under the same conditions to
which this chapter permits any sign, a sign containing an ideological, political, or other noncommercial message
and constructed to the same physical dimensions and character shall be permitted. For purposes of this chapter, a
"commercial" message or sign is any message or sign which directs attention to commercial activity including a
business, commodity, service, attraction or entertainment; and a "noncommercial" message or sign is one, which is
determined not to be a commercial message or sign as defined herein.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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14.19.023 Compliance with applicable ordinances, regulations and laws.
All signs posted, erected or constructed on or following the effective date of this chapter shall comply with
all other applicable laws, regulations, provisions and conditions required by the other titles of the San Rafael
Municipal Code and any applicable county, state or federal approval required for such sign.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.024 Requirements for associated city permits and approvals.
Any associated city permit or approval required for a sign, including but not limited to a building permit,
electrical permit, encroachment permit, or planning permit (e.g., use permit or environmental and design review
permit) that is required shall be approved prior to the posting, installation, erection or construction of the sign.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.025 Interpretation of provisions of this chapter.
The community development department staff shall have the authority to interpret the provisions of this
chapter. Should there be a question or disagreement regarding the interpretation of the department staff, the
community development director shall review the dispute and render a determination as to the intent of the
chapter provision. Sign terms and definitions used to interpret the provisions of this chapter are found in Chapter
14.03, Definitions.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.026 Severability.
In the event that any part of this chapter is held to be invalid or inapplicable to any sign or signs, it is
intended that the invalid section or sections be severed from the remaining provisions in order to continue in force
and effect the remaining sections of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.030 Exempt signs.
The city has a compelling public health, safety and welfare interest in the clear, accurate and effective
identification of governmental and private buildings, public streets and public facilities and amenities, the safe and
efficient control of traffic and parking within the city, and the expeditious notification to the public of information
affecting essential public services. Therefore, the following signs are exempt from the provisions and regulations of
this chapter:
A. Building and Street Address Signs. Each sign shall not exceed five (5) square feet in size and one per
building for each street frontage.
B. Official Flags. Official flags of any nation, state or local government. Official flags may be placed on a
pole not exceeding the height limit established by the applicable zoning district. Flags over the height
limit are subject to environmental and design review pursuant to Section 14.16.120 and Section
14.25.040. The height of the flag shall be no more than one-fourth (¼) the height of the pole.
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C. Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area
within fifty feet (50′) of water frontage, where primarily intended to be viewed from the water and
void of any commercial messages.
D. On-Site Directional or Informational Signs. Directional or informational signs placed on-site, which are
intended to provide public safety or convenience, not exceeding five (5) square feet in area per sign.
Examples of such signs include, but are not limited to, parking lot directional signs, posting of business
hours and location of restrooms, telephones, "parking in rear," "drive-through service window," and
"no-smoking." Premises addressing signs that are larger than five (5) square feet in size shal l be exempt
if the larger addressing sign is required by the Fire Code.
E. Signs Essential for Public Purposes. Signs installed by the city, a state or federal governmental agency,
and public utility or service, which are essential for public purposes. Public purpose signs include, but
are not limited to official signs for traffic control (e.g., street signs), fire and police signs, signs for other
regulatory purposes, such as for public information and safety, public notices, emblems and other
forms of official identification.
F. Interior Signs. Signs located within the interior of a building, lobby, mall or court, when such sign is
intended for interior viewing. This provision does not apply to interior signs placed within ten feet (10′)
of a window, where such sign is visible from a public street.
G. Nonstructural Modifications and Maintenance of Conforming Signs. Modifications and maintenance of
a conforming sign that are nonstructural. Modifications do not include a change in sign face or copy,
which requires the approval of a sign permit under Section 14.19.041 of this chapter.
H. Signs Regulated by State or Federal Laws. Signs that are regulated by state or federal laws, or other
applicable local laws, provided that such signs are sized and located to be consistent with the state,
federal, or local applicable laws. Examples of such signs include the posting of gasoline and fueling
station price signs.
I. Community Gardens Signs. Informational signage required for community gardens as outlined in
Section 14.17.030, provided that such signs do not exceed the maximum allowable size contained in
said section.
J. Community Service Signs. Signs installed on city owned property by the city of San Rafael for the
purpose of providing multi-lingual information of: upcoming events, classes, meetings and/or update
on neighborhood/community issues. These signs may be electronic face and contain moving messages
for the purpose of allowing dissemination of information in multiple languages and shall be subject to
the following standards:
1. Number of Signs: One electronic message signs shall be permitted per site.
2. Size of Signs: Signs shall be a maximum size of forty-eight (48) square feet.
3. Height of Signs: Free-standing electronic message signs shall not exceed a height of six feet (6′).
4. Sight Distance: Free-standing electronic message signs shall provide an adequate line of sight
distance pursuant to Section 14.16.295.
5. Hours of Use: Electronic message signs shall be equipped with a timer to assure the signs are not
used between the hours of 10 p.m. and 7 a.m.
6. Length of time for display of each message: Electronic message signs may display changing
messages provided that each message is displayed for no less than four (4) seconds.
7. Brightness Sensors: Electronic message signs shall be equipped with a sensor or other device that
automatically determines the ambient illumination and programmed to automatically dim
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according to ambient light conditions (e.g., photocell technology), or that can be adjusted to
comply with the 0.3-foot candle requirement.
8. The signs shall not include neon lights.
9. The signs shall be subject to a ninety (90) day post installation review.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, § 72, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 29, 11-19-2018)
14.19.040 Sign application and permit procedures.
Except for those signs that are exempt under Section 14.19.030, all signs shall require the approval of a sign
permit and shall follow the permit procedures set forth in Sections 14.19.041 through 14.19.049.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.041 Sign permit required.
A sign permit shall be required for all signs that are posted, installed, erected or constructed, and for changes
in sign copy or face of existing signs.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.042 Application.
All sign permit applications shall be filed with the community development department, planning division
and shall include the following information:
A. A completed application form containing a written description of the sign size and location. The form
shall be signed by the property owner or an authorized representative such as a licensed sign
contractor, or purchaser under a contract of sale or lessee.
B. The application fee, as amended from time to time by resolution of the city council.
C. Graphic materials, drawn to scale and dimensioned, describing the sign location and design.
Application materials shall include elevations, drawings, plot and site plans, profiles, photographs,
proposed illumination, color and material samples, an inventory of all existing signs on the subject
property and other pertinent information which may be deemed necessary to review and render a
decision on the application.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.043 Review authority.
Application, administration and authority over the provisions and requirements of this chapter shall lie with
the following official bodies or officials:
A. Community Development Director. The community development director or his or her designee has
the authority to:
1. Approve, conditionally approve or deny a sign permit, as set forth in Section 14.19.048(A) and
signs requiring a minor exception, as set forth in Section 14.19.048(B). Refer a sign permit
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application to the design review board for advisory review and recommendation on design
matters relating to a sign proposal.
2. Approve, conditionally approve or deny a request for an extension to an approved sign permit
and requests to extend, modify or revise an approved sign program.
B. Planning Commission. The planning commission has the authority to approve, conditionally approve or
deny:
1. A sign program, as set forth in Section 14.19.046;
2. Signs requiring a major exception, as set forth in Section 14.19.045;
3. Signs incorporated into the design of new buildings or major design improvements proposed to
existing buildings and properties, and mural signs subject to an environmental and design review
permit, as set forth in Chapter 14.25;
4. Appeal of sign permit actions of the community development director.
C. Design Review Board. The design review board shall serve as an advisory body to the planning
commission and community development director on all sign programs and environmental and design
review permits for building and site improvements that include signs, including mural signs. As
determined on a case-by-case basis by the community development director or planning commission,
the design review board may provide advisory review and recommendations on other sign matters.
DC. Appeals. All decisions of the community development director or the planning commission can be
appealed in accordance with the provisions of Chapter 14.28, Appeals.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.044 Criteria for approval of signs.
All signs requiring sign permit approval shall comply with the provisions of this chapter, unless an exception
has been granted or a sign program has been approved, which authorize deviations from these provisions.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.045 Exceptions (major and minor).
When a proposed sign(s) deviates from the provisions and standards of this chapter pertaining to sign size,
placement, type, number, design and type of illumination, an exception request may be filed with a sign permit
application, subject to the following:
A. Minor Exceptions. A minor exception applies to requests which do not deviate from the sign provisions
for size and height by more than twenty percent (20%), or when the community development director
determines that alternative placement, number, type, design or illumination of a proposed sign(s)
would be minor and appropriate for the site, business or use.
B. Major Exceptions. A major exception applies to requests, which deviate from the standard or
provisions for sign size and height by more than twenty percent (20%), or when the community
development director determines that alternative placement, number, type, design or illumination of a
proposed sign(s) would be major.
C. Findings for Approval of an Exception. The following findings shall be made in rendering a decision on a
request for exception:
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1. The exception is necessary to overcome special or unusual site conditions such as exceptional
building setbacks, and lack of or limited visibility due to orientation, shape or width of the
property and building improvements;
2. The exception is appropriate in that it would allow signage that would be in proper scale with the
building and site improvements, would be compatible with other conforming signs in the
immediate vicinity, and would promote a good design solution; and
3. The exception would permit an improvement that would not be detrimental or disruptive to the
safety or flow of vehicular or pedestrian traffic either on-site or off-site.
D. Not Applicable. The exceptions process shall not apply or be used to permit a prohibited sign, as set
forth under Section 14.19.080 of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.046 Sign programs.
The establishment of a sign program shall be an alternate to the sign standards and provisions contained in
this chapter under certain circumstances, as follows:
A. Purpose. Sign programs are specifically intended for unique use and property circumstances with the
purpose of addressing multiple uses on one site or multiple signs for uses with special sign needs. Sign
programs shall be used to achieve aesthetic compatibility between the signs within a project, and may
allow some flexibility in the number, size, type and placement of signs.
B. Applicability. Sign programs are permitted specifically for shopping centers, a single building or
multiple buildings containing multiple tenants on one or more contiguous sites, signs proposed in a
planned development (PD) district, gasoline or fueling stations and automobile or vehicle dealerships
and movie theaters only. Sign programs shall not be used for other uses or conditions with the intent
to deviate from the provisions of this chapter.
C. Design Continuity. Sign programs shall be designed so that all signage has a consistent and common
design theme and placement, utilizing common materials, colors and illumination.
D. Findings Required for Approval of a Sign Program. The planning commission shall make the following
findings in rendering a decision on a sign program:
1. All of the signs contained in the program have one or more common design elements such as
placement, colors, architecture, materials, illumination, sign type, sign shape, letter size and
letter type;
2. All of the signs contained in the program are in harmony and scale with the materials,
architecture, and other design features of the buildings and property improvements they
identify, and the program is consistent with the general design standards specified in Section
14.19.054; and
3. The amount and placement of signage contained in the program is in scale with the subject
property and improvements, as well as the immediately surrounding area.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.047 Environmental and design review permit.
When new buildings are proposed for development or exterior design modifications are proposed to existing
buildings subject to an environmental and design review permit (as set forth in Chapter 14.25), signage shall be
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incorporated into the design improvements of the project. Under these circumstances and unless approved as part
of a sign program, signage shall be considered and processed with the required environmental and design review
permit, as set forth in Chapter 14.25. When signage is reviewed and approved with an environmental and design
review permit, no separate sign permit shall be required provided that:
A. The signage complies with the provisions of this chapter; and
B. The size, placement, design, number and illumination parameters of the permitted signage are
adequately documented in the approved plans or conditions of approval for the environmental and
design review permit.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.048 Processing and noticing requirements.
The following processing and noticing procedures shall be followed prior to rendering a decision on a sign
permit, an exception or a sign program:
A. Sign Permit, Administrative Approval. Following review of a sign permit application for compliance with
the provisions of this chapter and other applicable approvals, the community development director, or
his or her designee, shall render a decision on the application. A decision on a sign permit application
may be rendered without notice to surrounding property owners.
B. Minor Exceptions and Modifications to an Approved Sign Program. Following review of an application
for and prior to rendering a decision on a minor exception or a modification or revision to an approved
sign program, property owners contiguous to the subject property shall be mailed a public notice
informing them of the director's intent to act on the application. The notice shall indicate that the
director will take action on the application, on or after the date, which is fifteen (15) calendar days
following the date of the notice.
C. Major Exceptions, Sign Programs, Mural Signs and Appeals. Major exceptions, sign programs, mural
signs, appeals and other sign-related applications requiring planning commission action shall be
noticed consistent with the requirements of Chapter 14.29, Public Notice.
D. Prompt Review and Action. Review and action on any sign permit, exception or sign program
applications or on any administrative appeal of any action taken by the city on these applications shall
be prompt and expeditious, according to the provisions of law and the city's municipal code and
procedures. Judicial review shall be in accordance with the provisions of Code of Civil Procedure
Sections 1094.8 et seq.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.049 Time limits for sign permit and related sign approvals.
A. Initial Time Limits. All sign permit, sign program and exception approvals shall expire six (6) months from the
action date, unless the approved sign(s) has been installed, erected or posted, or unless another time limit is
specified as a condition of approval.
B. Time Limits for Extensions. Prior to expiration of a sign permit, sign program or exception, the applicant may
apply to the community development department for an extension from the date of expiration.
C. Automatic Extension when Subsequent Permits are Approved. The expiration date of the sign permit, sign
program or extension shall be automatically extended when a building permit, electrical permit,
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encroachment permit or similar subsequent permit is granted. The approval shall be automatically extended
to concur with the expiration date of the subsequent permit.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.050 General sign provisions.
All signs subject to the provisions of this chapter shall comply with the following general sign provisions.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.051 Types of signs.
Examples of sign types are presented in Figure 14.19-1. A definition for these sign types is provided in
Chapter 14.03, Definitions. The type of sign that is permitted for a business or use shall be regulated by zoning
district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter.
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Figure 14.19-1
Types of Signs
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.052 Computation or determination of permitted sign area.
To determine sign compliance with sign area limitations of this chapter, sign area shall be measured as
follows:
A. Measuring Surface Sign Area. Surface area of a sign shall be calculated as follows:
1. By enclosing the extreme limits of all framing, writing, logo, representation, emblem and other
display including, among others, telephone numbers and internet web site addresses within a
single, continuous perimeter composed of squares or rectangles. This method of sign
measurement is depicted in Figure 14.19-2.
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2. When a sign is comprised of individual letters, which appear as an unframed surface, the script
and logo for each line shall be calculated separately. When distance between two (2) lines of
script is more than twice the height of the script, each line shall be counted as one sign. This
method of sign measurement is depicted in Figure 14.19-2.
3. The area of the sign shall be taken as the area of one face.
B. Measuring Three-Dimensional Objects. Signs that are spherical, conical, cylindrical, and non-geometric
three-dimensional shapes shall be measured as the area of their maximum projection upon a vertical
plane. This method of sign measurement is depicted in Figure 14.19-3.
Figure 14.19-2
Measuring Surface Sign Area
C. Measuring Double-Faced (back-to-back) Signs. The area of a double-faced sign where the sign faces are
placed back-to-back shall be calculated as a single sign face.
D. Measuring Double-Faced or Multiple-Faced Signs where More than One Sign Face is Visible from Any
One Location. The area of all faces that can be viewed from any one direction at one time shall be
counted in determining the permitted sign area.
E. Tubing or Strings of Lights. Exclusive of seasonal decorations and lighting, illuminated tubing and
strings of lights used to outline portions of a building or windows shall be included in the calculation of
permitted sign area. The tubing or strings of lights shall be deemed to have a minimum width of six
inches (6″) in the calculation of the sign area. When illuminated tubing and strings of lights border an
area that forms a substantially closed geometric shape, which contains signage within this shape , all
area within the closed shape shall be considered the sign area.
F. Clocks and Temperature Display. Elements of a sign displaying time of day and temperature shall be
included in measuring the surface sign area, when such elements are clearly a part of or integral to a
sign or sign structure displaying the business or use. Clocks and architectural elements and structures
solely displaying time of day or temperature in analog or digital format are considered signs and are
subject to the provisions of this chapter.
G. Supporting Framework, Bracing, Pedestals or Foundations. Supporting framework, bracing, pedestals
or foundations that are clearly incidental to or separate from the sign display shall not be computed as
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sign area. Examples of this condition would be a solid foundation or pedestal base on a monument -
type sign. When such members are designed or illuminated so as to contribute to the advertising
qualities of the sign display, the area of such members shall be computed as sign area.
H. Sign Frames. Signs, which are framed or have distinguishing color background shall be measured by the
entire area of the sign and background, including the framing surfaces.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.053 Location, placement and design of signs.
The location and placement of a sign shall be subject to the following:
A. On-Site Location Only. All signs shall be located on the same site or building as the subject business or
use, except as otherwise permitted by the provisions of this chapter.
B. No Obstruction of Exits, Windows and Safety Equipment. No sign shall be built, placed, posted or
affixed in any manner where a portion of the sign or its supports would interfere with the free use of
any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.
C. Maintenance of Adequate Sight Distance. No sign shall be built, placed, posted or affixed in any
manner or location where it will physically impede or cause hazardous obstruction to the visibility of
vehicles or persons entering or exiting doorways or driveways that are proposed or are in use.
D. General Placement of Signs. The permitted sign(s) for a business or use shall be placed on the street
front face or front elevation of the building where the business or use is located (see definition for
frontage, business or use in Chapter 14.03) with the following exceptions:
1. Where a building is located on a one-way street, or where public visibility of the front face or
front entrance of the building is limited or impaired, the permitted sign may be placed on the
side or rear face or elevation of the building to improve visibility, provided that the provisions for
sign size and number are not exceeded.
2. Where a business or use is within a multi-tenant building and has no frontage, or is located on a
floor above or below the ground floor level, identification for the business or use shall be limited
to a building directory sign placed at the building entrance, or on a multi-tenant, monument sign,
when such sign is permitted under the provisions of this chapter.
E. Frontage on Corner Lots. On corner lots where a business or use has frontage on two (2) streets, signs
may be placed on both street frontages, but the permitted square footage for each building front may
not be transferred from one street frontage to another.
F. Frontage on a Public Parking Lot or Public Parking Structure. Where a business or use has frontage on
and an entrance access to a public parking lot or public parking structure, this frontage shall be
considered the same as frontage on a public street when determining permitted sign area.
G. Placement of Window Signs. No more than twenty-five percent (25%) of the area of a framed window
or a continuous window area shall be used for a sign. When a window contains multiple panes, the
framed area of the whole window, inclusive of the individua l paned areas, shall be used in calculating
the permissible sign area. Except in the downtown districts where second floor business signs are
permitted, window signs shall be permitted only in windows located on the ground floor of a structure.
Permanent window signs shall be counted against the overall, permitted sign area and number and
shall be subject to the same provisions and limitations as for wall signs.
H. Placement and Design of Marquee Signs. The location and placement of marquee signs shall be subject
to the following provisions:
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1. A minimum vertical clearance of eight feet (8′) above the sidewalk, path, public property, public
right-of-way or easement shall be maintained.
2. Signs shall not project beyond the ends or sides of the marquee.
3. Signs placed on the face of a marquee may extend above the top of the marquee provided that
this extension is not more than one-half (½) the height of the marquee face and is below the
building roofline.
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:
1. The maximum permitted sign area for a projecting sign shall be thirty-six (36) square feet, except
in the downtown mixed use district. In the downtown mixed use district, 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 district.
J. Placement and Design of Mansard Signs. Mansard signs shall be located on the lower two -thirds (2/3)
of the roof slope and shall not project more than three feet (3′) from the sloped roof face at any point.
The sign ends of a mansard sign shall be designed to return and be flush with the roof surface, so that
the rear of the sign and the sign bracing is not visible.
K. Placement and Design of Awning Signs. The location and placement of awning signs shall be subject to
the following provisions:
1. Signs may be placed on the sides or ends of the awning. However, each sign placed at this
location shall be counted as one of the permitted signs for the business or use.
2. The sign shall cover no more than fifty percent (50%) of the front face area of the awning and
fifty percent (50%) of the awning sides or ends.
3. When awning signs are illuminated, the illumination shall be limited to the sign script and logo
only. Illumination designed to light the entire awning is not permitted.
L. Placement and Design of Freestanding Signs. The location and placement of freestanding signs shall be
subject to the following provisions:
1. Signs shall be placed so that the sign face is perpendicular to the public street or right-of-way, to
the extent possible.
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2. A minimum distance of seventy-five feet (75′) shall be maintained between any two (2)
freestanding, pole or pylon-type sign. Where there is less than seventy-five feet (75′) between
two (2) such signs, a freestanding sign may be permitted provided that it is limited to a
monument-type sign, as specified in Table 14.19-1.
3. A freestanding sign shall not exceed the height of the building on the site where the sign is
located.
4. Freestanding signs are permitted on sites, which have a minimum frontage width of fifty feet
(50′) and minimum building setback of fifteen feet (15′). Freestanding signs are regulated by
zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. The general
sign area and height limits for all freestanding signs are as follows (Table 14.19 -1):
Table 14.19-1
Requirements and Limitations for Freestanding Signs
Location Minimum Lot
Frontage
Minimum
Building
Setback+
Maximum Sign
Area
Maximum Sign
Height++
Permitted Sign
Type
General
Location
50—75 feet 15 feet 32 sf 6 feet Monument
76+ feet 25 feet 36 sf 21 feet Monument,
Pole/Pylon
Freeway-
Oriented*
50—75 feet 15 feet 32 sf 6 feet Monument
76—99 feet 25 feet 36 sf 21 feet Monument,
Pole/Pylon
100—249 feet 25 feet 50 sf 21 feet** Monument,
Pole/Pylon
249+ feet 35 feet 72 sf 21 feet** Monument,
Pole/Pylon
* "Freeway-Oriented" means those businesses and uses directly facing a frontage road, which is both parallel to
and generally level with US Highway 101 or Interstate 580.
** Height bonus permitted: one (1) foot of sign height for every five (5) feet of sign setback measured from the
property line, up to a maximum sign height of 25 feet.
+ Minimum building setback measured from property line.
++ Freestanding sign height shall be measured from the ground level or grade at which the sign is placed to the
highest elevation point of the sign.
Note: See Table 14.19-2 (Sign regulations for zoning districts) and Section 14.19.060 (Commercial office, industrial
marine districts) for additional requirements.
M. Placement and Design of Changeable Copy Signs. Changeable copy signs shall be permitted in
conjunction with the approval of a sign program. In the event the signage is not part of a sign program,
a changeable copy sign may be proposed with a request for a sign permit in any zoning district subject
to the following:
1. The but the changeable copy face shall be no more than fifty percent (50%) of the sign face area.; and
2. The sign shall require review and a recommendation by the design review board.
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N. Placement of Signs on Public Bus Shelters. Signs placed on public bus shelters under contract with the
city are permitted subject to the approval of an environmental and design review permit.
O. Placement and Design of Mural Signs. Murals that are defined as a sign in Chapter 14.03 are permitted
subject to the approval of an environmental and design review permit by the planning director. The
sign shall require review and a recommendation by the design review board.
P. Placement and Design of Directory Signs. Directory signs shall be placed at the building entrance that
provides primary access to the businesses or uses contained within the building. Directory signs shall
not exceed ten (10) square feet in area, and shall be affixed to the wall of the building (wall sign).
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, §§ 73, 74, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 9.1), 8-16-2021)
14.19.054 General design standards.
All signs subject to the approval of a sign permit shall comply with the following design and performance
standards:
A. Sign Design. The design of the sign, including the shape shall be:
1. An integral part of, compatible with, and complement the design of the buildings and
improvements on the site where the sign is to be located and shall be compatible with the
character and design of signs in the immediate neighborhood of the site. Creat ive and unique
design is encouraged provided that the design is appropriate for the site and improvements and
compatible with the character of the surrounding area.
2. The sign message, including the use of graphic symbols shall be simple. Lettering shall be legible,
uncomplicated, and appropriate to the image of the building.
B. Sign Type. The type of sign shall be appropriate for the building and improvements on the site where
the sign is to be located. The following sign types are encouraged:
1. The use of individual letters incorporated into the building design is encouraged and preferred
over signs contained in a canister or frame, or signs directly painted on the surface of a building.
2. Monument-type freestanding signs are encouraged and preferred over pylon or pole-type signs.
Upon request, a bonus sign area of ten percent (10%) above the maximum permitted sign area will be
granted as an incentive to select one of the encouraged sign types. A request for bonus sign area must be
included in the application for a sign permit.
C. Sign Colors and Materials. The colors and materials for the sign shall be compatible with and
complement the colors and materials of the buildings and improvements on the site where the sign is
to be located. The following standards are required:
1. Sign colors shall be subtle. Bright and reflective colors shall be avoided, unless such colors are
proposed to promote a creative or unique sign design. The use of contrasting colors between sign
background and the sign script or logo is encouraged to maximize legibility.
2. Sign materials shall be compatible with the materials used on the buildings and improvements
found on the site.
3. Sign materials that are metal or have reflective qualities shall have a matte or non-glare surface.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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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 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. Except as permitted by Section 14.19.030.I.,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).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 30, 11-19-2018)
14.19.060 Zoning district sign standards.
The size, type, number and illumination of signs shall be regulated by zoning district. Except for those signs
not subject to a sign permit under Sections 14.19.030 and 14.19.070 of this chapter, or signs authorized through
approval of a sign program under Section 14.19.046 of this chapter, all signs approved and erected on and
following the date this chapter is enacted shall comply with the standards and limitations set forth in this section
and in Table 14.19-2 for each zoning district.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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14.19.061 Allowance—Number of signs permitted.
The maximum number of signs that are permitted for a business or use shall be regulated by zoning district,
as specified below and in Table 14.19-2 of this chapter. Where more than one sign is permitted for a business or
use, the combined area of the signs shall not exceed the sign square footage limit that is allotted.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.062 Single-family residential and duplex residential districts.
In order to protect and preserve the character and quality of life in the single -family residential and duplex
residential districts, signs located in these districts shall be limited in number, type, size and illumination, so as to
minimize signage, while allowing necessary identification of the subject uses. Permitted signs include the following,
and as specified in Table 14.19-2:
A. Permitted uses in the single-family and duplex residential districts shall be allowed one wall sign per
residential unit, not exceeding five (5) square feet in area. No sign permit is required. Examples of signs
for permitted uses would be, among others, signs displaying a residential nameplate, or a small
residential care, family care home or day care facility for six (6) or fewer residents. Home occupation
signs are regulated under Section 14.16.220(D) of this title.
B. Conditional uses in the single-family and duplex residential districts that are subject to the approval of
a use permit shall be allowed one wall or monument-type sign, not exceeding twenty (20) square feet
in area. Examples of signs for conditional uses would be, among others, signs displaying a school, a
religious institution, or a large residential care, day care or family care facilities for seven (7) or more
residents, children or adults.
C. Monument-type signs sited at the entrance of a neighborhood or subdivision, placed on private
property, not exceeding twenty (20) square feet per sign and two (2) per entrance.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.063 Multiple-family residential and residential or office districts.
Signs located in all multiple-family residential and residential or office districts shall be limited in size and
illumination, as these districts provide a transition between the single-family and duplex residential districts and
the non-residential districts. Permitted signs include those signs permitted in the single-family and duplex
residential districts, except that a greater number and amount of sign area, and a broader range of sign types are
permitted, as specified in Table 14.19-2.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.064 Commercial, office, industrial, marine related districts.
Signs located in all commercial, office, industrial, and marine related districts shall be permitted sign area
based on the linear width of business or use frontage (see definition for frontage, business or use in Chapter
14.03), as follows:
A. Single-Tenant Buildings. All non-residential uses except for office uses, shall be permitted one square
foot of sign area for each linear foot of business or use frontage, up to a maximum of two hundred
(200) square feet. For buildings with more than two hundred feet (200′) in linear frontage width, a
maximum sign area of two hundred (200) square feet shall be permitted. Office uses shall be permitted
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one-half (½) square feet of sign area for each linear foot of building frontage, up to a maximum sign
area of one hundred (100) square feet of sign area, regardless of building frontage width.
B. Multiple-Tenant Buildings. For all non-residential uses, except for office uses, each ground floor
occupant shall be entitled to one square foot of sign area for each linear foot of business or use
frontage, with each occupant entitled to a minimum sign area of twenty-five (25) square feet. For
office uses, each ground floor occupant shall be entitled to one-half (½) square feet of sign area for
each linear foot of office tenant frontage, with each office use entitled to a minimum sign area of
fifteen (15) square feet.
C. Where a business or use is located in a multiple-tenant building, and where such business or use has no
frontage or is located on a floor above or below the ground floor level, identification shall be limited to
a building directory sign or multi-tenant monument sign, as provided in Sections 14.19.053(D)(2) and
14.19.053(P) of this chapter.
D. For buildings with less than twenty-five feet (25′) in linear frontage width, a minimum sign area of
twenty-five (25) square feet shall be permitted for all non-residential uses except for office uses. For
such buildings containing office uses, a minimum sign area of fifteen (15) square feet shall be
permitted.
E. For a single business or use with more than one frontage or where a business or use is contained in
more than one building, each frontage shall be considered and calculated separately in determining
permitted sign area. However, in no case shall one bus iness or use be permitted more than an
aggregate sign area of two hundred (200) square feet. For office uses, the maximum permitted,
aggregate sign area shall be one hundred (100) square feet.
F. For all non-residential uses except for office uses, a maximum of two (2) permanent signs shall be
permitted per frontage for each business or use except as follows:
1. There shall be no more than one freestanding sign per lot or parcel.
2. There shall be no more than one projecting sign per business or use.
3. Office uses shall be permitted a maximum of one permanent sign per frontage for each office
tenant.
G. Small, ancillary, informational signs are not included in the calculation of the allowable sign area or
number, if such signs, in aggregate, do not exceed five (5) square feet in area. Examples of such signs
include, among others, signs displaying hours of operation, business and association memberships,
credit cards that are accepted, "now hiring" signs and restaurant menus.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.065 Downtown mixed use district.
Size, placement and design of signs in the downtown mixed use district 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 district 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 district 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
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downtown mixed use district, a maximum of one sign shall be permitted per frontage for each business
or use.
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,
Wall, Window,
Projecting/Blade,
For
nonresidential
For
nonresidential
Six feet (6′)
for
External
illumination,
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Industrial,
Marine
Related
Districts
(NC, GC, O,
C/O, FBWC,
LI/O, I,
CCI/O, M
and MC)
Awning,
Marquee,
Mansard,
Monument,
Directory,
Changeable
Copy and
Pole/Pylon signs
uses except
office uses:
Two (2) per
frontage of
business or
use**
uses except office
uses:
One (1) square
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.
monument
signs
Twenty-one
feet (21′) for
pole/pylon
signs
Twenty-five
feet (25′) for
freeway-
oriented
pole/pylon
signs*
Internal
illumination,
Reflective
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
District
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
similar to the
Compliance
with
standards and
provisions of
district most
similar to the
Compliance with
standards and
provisions of
district most
similar to the
subject zoning
district.
Compliance
with
standards and
provisions of
district most
similar to the
Compliance
with
standards
and
provisions of
district most
similar to
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subject zoning
district.
subject zoning
district.
subject zoning
district.
the subject
zoning
district.
;note; + ;hg;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 (1) per business or use and
five (5) square feet in area.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, § 75, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 9.2, 9.3), 8-16-2021)
14.19.066 Other districts.
Signs located in zoning districts other than those referenced in Sections 14.19.062 through 14.19.065 of this
chapter shall comply with the standards and provisions of the zoning district that is most similar to the subject
district.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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 s igns, 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 r equiring
sign permit approval, temporary signs require the approval of a sign permit prior to being installed or erected:
A. City-Installed Banners. Banners, signs, and associated supporting structures installed by the city for
events and announcements, which are placed across or over a public street, or affixed to street light
poles. The location, placement and provisions for such banners, signs and supporting structures shall
be established by standards and subject to fees, as set forth by resolution of the city council from time
to time. No sign permit is required.
B. Noncommercial Signs. Temporary signs bearing ideological, political or other noncommercial message,
including, but not limited to, political and election signs may be located on a site or place of business.
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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 (1) in number per building for single-family, duplex residential and multiple-family
residential uses. On-site display signs shall not exceed twenty (20) square feet and two (2) in
number for all nonresidential uses.
2. Off-Site Display. A-frame or ground-mounted, placed off-site such as for announcement of an
open house, not exceeding five (5) square feet in size. Open house signs shall be permitted
between the hours of ten a.m. (10:00 a.m.) and seven p.m. (7:00 p.m.) on Saturdays, Sundays,
Thursdays (brokers open) and holidays, and shall be limited to five (5) in number.
3. No real estate sign shall be placed in the public right-of-way, which includes the sidewalk, travel
or parking lane and center median of a street.
4. No sign permit is required.
D. Special Function and One-Time Event Signs. Signs, posters and notices for special functions and one-
time events are permitted subject to the following:
1. A maximum of two (2) signs, not exceeding ten (10) square feet in area for each sign;
2. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on
utility poles, streetlights or fences located on public property;
3. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days after
the function or event;
4. In no instance shall a sign for a special function or one-time event be displayed for more than
thirty (30) days;
5. Signs displayed or placed in a window shall not exceed twenty-five percent (25%) of the window
area;
6. No sign permit is required.
Examples of special function and one-time event signs include, among others, signs dis playing 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
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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) pre-citation form noting the term or
duration of time for display of the banner;
e. The required application fee for an administrative level sign permit.
2. All temporary banners shall comply with the following criteria:
a. One banner, up to a maximum size of thirty-two (32) square feet is permitted per business
or use frontage. Businesses or uses with two (2) frontages are permitted two (2) banners
authorized under one (1) 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.
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j. Banners shall comply with the sign location and placement provisions of the sign ordinance
(San Rafael Municipal Code Sections 14.19.053(B) and (C)), which prohibits signs from
obstructing exits, windows and safety equipment, and requires that signs maintain
adequate sight distance.
k. As regulated by Sections 14.19.080(F), (H) and (L) of this chapter, banners are prohibited
from displaying statements, words or pictures that are obscene or offensive to morals, are
imitative of official signs, or are likely to cause traffic confusion o r 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 (1) 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 Mixed Use District. The location, placement and
provisions for temporary, portable A-frame signs permitted in the downtown mixed use district shall be
established by standards and subject to fees, as set forth by resolution of the city council from time to
time.
H. Temporary Use Signs. Signs for temporary uses such as but not limited to outdoor, temporary or
seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location
and size shall be established with the use permit required for the temporary use, as required by
Chapter 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
may include a non-commercial display such as artwork or commercial message announcing "under
construction", "coming soon", or similar information related to a project under construction. This
signage shall be subject to prior review and approval of a temporary sign permit by the community
development director to assure that sign content, message size or proposed artwork design, materials,
colors, type and duration are appropriate and would enhance the appearanc e 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 storefront glazing and should not be installed for more than six
(6) months (or for the duration of a valid building permit).
(Ord. 1838 § 43, 2005; Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 9.4), 8-16-2021)
14.19.080 Prohibited signs.
A prohibited sign is a sign that is not permitted under the provisions of this chapter. The city may require the
removal or abatement of a prohibited sign. Failure of a property owner to remove or abate a prohibited sign after
service by the city of written notification/order to do so shall be deemed a violation of this chapter. The
compliance date for prohibited signs shall be set by the community development director or designee, based upon
a reasonable amount of time to correct the violation. Notices required to be given in this chapter shall be served
on the sign owner or permittee in accordance with the provisions of Section 1.08.060 of this code. The failure of
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any person to receive any notice required under this chapter shall not affect the validity of any proceedings
concerning violation of this chapter. The following types of signs and devices are prohibited:
A. A-Frame and I-Frame Portable Ground Signs. Except as permitted by city council resolution in the
downtown districts, or as permitted for real estate sale and leasing (on-site or off-site display for open
house), as set forth in Section 14.19.070;
B. Abandoned Signs. Signs that have been abandoned for a period of six (6) months or more following the
closing of a business or use on the site where the sign is located;
C. Animated and Moving Signs. Animated and moving signs include:
1. Electronic message display, blinking, flashing, change in light intensity, or moving signs, except
time and temperature signs and community service signs as permitted by Section 14.19.030.I.,
2. Windblown devices such as balloons, inflatable objects, pennants, ribbons, streamers,
3. Signs producing smoke, sound and other substances;
D. Billboards and Similar Off-Site Advertising. Billboards and similar off-site advertising including
temporary signs that are placed on or suspended from a vehicle but not including signs painted on or
permanently affixed to the body of the vehicle;
E. Dilapidated Signs. Where elements of the sign surface, structural support, frame members, panels or
other sign elements are clearly dilapidated, have cause to compromise the ability of the sign to identify
a business or use, or are in a condition to cause a hazard;
F. Imitative of Official Signs. Signs (other than those used for traffic direction) which contain or are an
imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger,
warning or similar words; or signs which imitate or may be construed as other public notices, such as a
zoning violation, building permit, business license, etc.;
G. Natural Despoliation. No sign shall be cut, burnt, limed, painted or otherwise marked on a cliff, hillside,
field or tree;
H. Obscene or Offensive to Morals. Signs containing statements, words, or pictures of an obscene,
indecent or immoral character, which taken as a whole appeals to prurient interest in sex, and which
sign is patently offensive and when taken as a whole, does not have serious literary, artistic, political or
scientific value;
I. Portable Signs. Signs that are constructed to roll, slide or be moved from one location to another,
except for certain A-frame signs permitted under the provisions of this chapter;
J. Privilege Signs. Standardized signs supplied to a retailer by a manufacturer wherein the manufacturer's
name and/or logo or emblem on the sign exceeds one-third of a face of a sign;
K. Roof Signs. Except where permitted as a mansard sign under the provisions of this chapter, signs
placed on the roof of a building or structure;
L. Signs Likely to Cause Traffic Confusion or Traffic Hazard. Signs or lighting which are of a size, location,
movement, coloring or manner of illumination which:
1. May be confused with or construed as a traffic control device,
2. Will hide from view any traffic or street sign or signal,
3. May not be effectively shielded to prevent glare or where the lighting is of an intensity, which
causes glare or impairs the vision of a driver;
M. Signs surfaced with or made of fluorescent paint or material;
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N. Signs affixed to public structures and/or signs located in the public right-of-way, including, but not
limited to telephone poles, light standards and utility fixtures, posts and fences. Posters, signs,
temporary handbills and similar advertising notices are permitted on public kiosks established for such
purpose.
(Ord. 1838 § 44, 2005; Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1964 , § 2(Exh. B) § 31, 11-19-2018)
14.19.090 Nonconforming signs.
A. A nonconforming sign is a sign that was legally established and maintained in compliance with the provisions
and requirements of all applicable laws in effect at the time of the original installation but does not now
comply with the provisions of this chapter.
B. Changes to sign copy and face, nonstructural modifications and nonstructural maintenance are permitted
subject to the approval of a sign permit.
C. The following provisions shall apply to nonconforming signs:
1. Any structural modification to or alteration of any nonconforming sign or elements thereof shall
require immediate compliance with this chapter.
2. A nonconforming sign may not be changed to another nonconforming sign or structurally modified or
altered to extend its useful life.
3. Use of a nonconforming sign may not be re-established or continued after a business or use for which
the sign identified is discontinued for more than six (6) months.
4. Any nonconforming sign shall be removed or made to conform to the provisions of this chapter if the
sign has been more than fifty percent (50%) destroyed and the destruction requires replacement of
more than the face of the sign.
5. The city may require the removal of a nonconforming sign maintained, continued, or altered contrary
to subsection C of this section. Failure of a property owner to remove or abate such a nonconforming
sign within ninety (90) days after service by the city of written notification or order to do so shall be
deemed a violation of this chapter. Notices required to be given in this chapter shall be served on the
sign owner or permittee in accordance with the provisions of Section 1.08.060 of this code. The failure
of any person to receive any notice required under this chapter shall not affect the validity of any
proceedings concerning violation of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
14.19.100 Violations and enforcement.
It is unlawful for any person to violate any of the provisions of this chapter or to violate any of the terms and
conditions of a permit or program issued pursuant to this chapter. Such violations are punishable as provided in
Chapters 1.40, 1.42, 1.44 and 1.46
(Code Enforcement and Authority Powers) of the San Rafael Municipal Code, or by any applicable provision of
state law.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
Title 14 - ZONING*
Division V ADMINISTRATIVE REGULATIONS
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Division V ADMINISTRATIVE REGULATIONS
Chapter 14.20 ZONING ADMINISTRATOR AUTHORITY
14.20.010 Specific purposes.
This chapter establishes the authority of the zoning administrator, references matters subject to review by
the zoning administrator and establishes public notice and hearing procedures for zoning administrator actions.
(Ord. 1625 § 1 (part), 1992).
14.20.020 Zoning administrator authority established.
The office of zoning administrator is created pursuant to Government Code Section 65900. The purpose of
the zoning administrator process is to enable less complicated applications to be acted upon in a less costly, more
expeditious manner, while still providing the public and applicant full notification of and participation in the zoning
review process.
(Ord. 1625 § 1 (part), 1992).
14.20.030 Appointment of the zoning administrator.
The planning director shall appoint the zoning administrator. The zoning administrator shall be an employee
of the city of San Rafael's planning department and shall be directly responsible to the planning director while
acting in the capacity of zoning administrator.
(Ord. 1625 § 1 (part), 1992).
14.20.040 Actions of the zoning administrator.
The zoning administrator shall hear and have the power to approve, conditionally approve, deny or refer to
the planning commission use permits, variances and environmental and design review permits as specified in
Chapters 14.22, Use Permits, 14.23, Variances and 14.25, Environmental and Design Review Permits.
(Ord. 1625 § 1 (part), 1992).
14.20.050 Adoption of procedures.
It shall be the duty of the planning director to establish, subject to approval by the planning commission,
rules and procedures necessary to process, review, notify, hear and make findings and a determination of the
items referred to in Section 14.20.040, Actions of the zoning administrator.
(Ord. 1625 § 1 (part), 1992).
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14.20.060 Public notice and hearing on zoning administrator items.
The zoning administrator shall hold a public hearing on applications for use permits, variances or
environmental and design review permits, as listed in the corresponding chapters. Notice shall be given consistent
with Chapter 14.29, Public Notice.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.20.070 Referral to planning commission of zoning administrator items.
When, in the opinion of the planning director, any matter set forth in Section 14.20.040, Actions of the
zoning administrator, is of a size, importance or unique nature such that it is judged not to be a routine matter, it
may be placed directly on the agenda of the planning commission for determination in lieu of having it processed
by the zoning administrator.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.21 ADMINISTRATIVE USE PERMITS
14.21.010 Specific purposes.
Administrative use permits allow certain uses to be established in particular zoning districts if they comply
with the specific criteria and performance standards as established in Chapter 14.17, Performance Standards, and
other standards as required elsewhere in this title. Administrative use permits are intended to streamline the use
permit process for select uses where clear performance standards are established and extensive public review is
not warranted. The performance standards established in Chapte r 14.17, Performance Standards, are designed to
ensure that proposed uses will be compatible and harmonious with existing uses in the neighborhood.
(Ord. 1625 § 1 (part), 1992).
14.21.020 Applicability.
Uses identified in the Land Use Tables as "A" shall be subject to administrative use permit review.
(Ord. 1838 § 45, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).
14.21.030 Authority.
The planning director may approve, conditionally approve or deny an administrative use permit application,
unless otherwise restricted by state law. Development must comply with all of the required standards in Chapter
14.17, Performance Standards, and with all other requirements of Title 14 unless specifically exempted in Chapter
14.17.
(Ord. 1625 § 1 (part), 1992).
14.21.040 Referral to planning commission.
When, in the opinion of the planning director, any matter set forth in Section 14.21.020, Applicability, is of a
size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the
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agenda of the planning commission for determination in lieu of having it processed by the planning director.
Requests for modifications from performance standards of Chapter 14.17, Performance Standards, will be referred
to the planning commission for review and determination.
(Ord. 1625 § 1 (part), 1992).
14.21.050 Application.
Applications for administrative use permits shall be initiated by submitting the following information to the
planning department: a completed application form, signed by the property owner or authorized agent,
accompanied by the required fee, and any other information, plans or maps prescribed by the planning director.
Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines
established by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.21.060 Public notice and hearing.
Public notice and/or hearing are not required for issuance of an administrative use permit.
(Ord. 1625 § 1 (part), 1992).
14.21.070 Conditions of approval.
The planning director or the planning commission may apply reasonable conditions of approval to bring the
development into conformity with requisite performance standards.
(Ord. 1625 § 1 (part), 1992).
14.21.080 Findings.
The planning director or the planning commission may issue an administrative use permit if the following
findings can be made:
A. The proposed use is listed in this chapter as a use permitted pursuant to an administrative use permit
and subject to performance standards;
B. The proposed use as conditioned conforms to the performance standards for the proposed use as
outlined in Chapter 14.17, Performance Standards;
C. The physical location or placement of the use on the site is compatible with and relates harmoniously
to the surrounding uses in the neighborhood;
D. Any other findings required under Chapter 14.17, Performance Standards, for the specific use;
E. The use, together with the conditions applicable thereto, will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general
welfare of the city;
F. That the use, as conditioned, will be compatible with surrounding uses.
(Ord. 1625 § 1 (part), 1992).
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14.21.090 Notice of decision.
The planning director shall prepare a written decision which shall contain the findings of fact upon which
such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(Ord. 1625 § 1 (part), 1992).
14.21.100 Appeals.
Appeals of decisions on administrative use permits shall be filed within five (5) working days of the issuance
of the permit. Appeals shall be filed and processed in accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).
14.21.110 Effective date of permit.
An administrative use permit shall become effective at the end of the appeal period as specified in Chapter
14.28, Appeals, unless appealed.
(Ord. 1625 § 1 (part), 1992).
14.21.120 Approval to run with the land.
Any administrative use permit approval shall run with the land and shall continue to be valid for the time
frame specified whether or not there is a change of ownership of the site or structure to which it applies.
(Ord. 1625 § 1 (part), 1992).
14.21.130 Extensions.
An administrative use permit may be extended by the planning director if the findings required by Section
14.21.080, Findings, remain valid and application is made prior to expiration.
(Ord. 1625 § 1 (part), 1992).
14.21.140 Amendments—New application.
Requests for changes in the conditions of approval of an administrative use permit, or a change to site plans
or operation that would affect a condition of permit approval, shall be treated as an administrative use permit
amendment. The procedures for filing and processing an application for an administrative use permit amendment
shall be the same as those established for an initial or new administrative use permit application.
(Ord. 1625 § 1 (part), 1992).
14.21.150 Revocation.
An administrative use permit that is exercised in violation of a condition of approval or a provision of this
title may be revoked, as provided in Chapter 14.29, Enforcement.
(Ord. 1625 § 1 (part), 1992).
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14.21.160 New applications following denial or revocation.
If an application for an administrative use permit is denied or revoked, no new application for the same, or
substantially the same, administrative use permit shall be filed within one year of the date of denial or revocation
of the initial application, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
14.21.170 Expiration.
Administrative use permits are valid for one year 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 and extended.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.22 USE PERMITS
14.22.010 Specific purposes.
Use permits are required for uses which may be suitable only in specific locations in a zoning district or which
require special consideration in their design, operation or layout to ensure compatibility with surrounding uses.
(Ord. 1625 § 1 (part), 1992).
14.22.020 Authority.
A. The zoning administrator shall approve, conditionally approve or deny applications for conditional use
permits identified in the Land Use Tables as CZ use permits. The planning commission shall approve,
conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as C
use permits.
B. When, in the opinion of the community development director, any matter set forth in Section 14.22.020.A of
this chapter or in the land use regulation tables listed in each of the zoning districts regulated by this title:
1. Is deemed to be an insignificant or inconsequential change in use;
2. Will not have a detrimental impact on surrounding properties; and
3. Is not a use warranting the designated level of review, the use permit application may be processed
and acted on by the zoning administrator.
In cases where the zoning administrator takes action on a use permit application that would typically be
reviewed and acted on by the planning commission, the planning commission shall be informed of the pending
action through receipt of the public hearing notice. The public hearing notice shall indicate that the use permit
review is being delegated from the planning commission to the zoning administrator for action, and that a request
may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning
administrator, a planning commissioner may direct, or a member of the public may request, that the application be
referred to the planning commission for a public hearing and action.
(Ord. 1831 § 1 (part), 2004: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part),
1992).
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(Ord. No. 1882, Exh. A, § 76, 6-21-2010)
14.22.030 Application.
Applications for use permits shall be initiated by submitting the following information to the planning
department: a completed application form, signed by the property owner or authorized agent, accompanied by
the required fee, and any other information, plans or maps prescribed by the planning director. Application
procedures and processing timeframes shall be in accordance with state law and procedural guidelines established
by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.22.040 Master use permits.
Master use permits may be filed for development where there are multiple uses or tenants on a given site, or
for temporary programs which involve multiple sites (rotating programs). Master use permits shall be processed in
accord with all of the provisions of Chapter 14.22.
(Ord. 1625 § 1 (part), 1992).
14.22.050 Multiple applications.
When multiple permit applications are filed for a given development or site (for example, in the case of a
development which requires a use permit, environmental and design review permit and a variance) the planning
director may schedule combined hearings.
(Ord. 1625 § 1 (part), 1992).
14.22.060 Public notice and hearing.
A. Public Hearing. The zoning administrator or planning commission, as the case may be, shall hold a public
hearing on an application for a use permit.
B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.22.070 Conditions of approval.
In approving a use permit the zoning administrator or planning commission may impose reasonable
conditions.
(Ord. 1625 § 1 (part), 1992).
14.22.080 Findings.
The zoning administrator or planning commission may issue a use permit if the following findings can be
made:
A. That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and
the purposes of the district in which the site is located;
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B. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the
public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or
to the general welfare of the city;
C. That the proposed use complies with each of the applicable provisions of the zoning ordinance.
(Ord. 1625 § 1 (part), 1992).
14.22.090 Notice of decision.
The zoning administrator or planning commission shall prepare a written decision which shall contain the
findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed
to the applicant.
(Ord. 1625 § 1 (part), 1992).
14.22.100 Effect of failure to give notice.
No action, inaction or recommendation regarding any development by the zoning administrator or planning
commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to
the notices, including the failure to give any notice required by this section, unless the court after an examination
of the entire case, shall be of the opinion that the error or omission complained of was prejudicial, and that by
reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and
that a different result would have been probable if such error or omission had not occurred or existed. There shall
be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).
14.22.110 Appeals.
Appeals of zoning administrator or planning commission use permit determinations shall be filed and
processed in accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).
14.22.120 Effective date of permit.
A use permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals,
unless appealed.
(Ord. 1625 § 1 (part), 1992).
14.22.130 Approval to run with the land.
Any use permit approval shall run with the land and shall continue to be valid for the time period specified
whether or not there is a change of ownership of the site or structure to which it applies.
(Ord. 1625 § 1 (part), 1992).
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14.22.140 Extensions.
A use permit may be extended by the zoning administrator if the findings required by Section 14.22.080,
Findings, remain valid and application is made prior to expiration.
(Ord. 1625 § 1 (part), 1992).
14.22.150 Amendments—New application.
Requests for changes in the conditions of approval of a use permit, or a change to site plans or operation
that would affect a condition of approval, shall be treated as a use permit amendment. Applications for use permit
amendments shall be heard and decided by the original hearing body. The planning director may make a
determination that a use permit amendment may be heard by the zoning administrator rather than the original
hearing body if the director finds that the changes involved are minor, noncontro versial and will not alter the basic
function of the approved use. The procedures for filing and processing an application for a use permit amendment
shall be the same as those established for an initial or new use permit application.
(Ord. 1625 § 1 (part), 1992).
14.22.160 Revocation.
A use operated in violation of a condition of permit approval or a provision of this title may be revoked, as
provided in Chapter 14.30, Enforcement.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 77, 6-21-2010)
14.22.170 New applications following denial or revocation.
If an application for a use permit is denied or revoked, no new application for the same, or substantially the
same, use permit shall be filed within one year of the date of denial or revocation of the initial application, unless
the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
14.22.180 Expiration.
Use permits are valid for two (2) 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 (1) 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.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 5.1), 8-6-2021)
Chapter 14.23 VARIANCES
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14.23.010 Specific purposes.
The purpose of this chapter is to provide flexibility from the strict application of development standards
consistent with the purposes of this title. Variances are intended to resolve practical difficulties or unnecessary
hardships resulting from the strict application of development standards when special circumstances pertaining to
the land such as size, shape, topography or location deprives such property of privileges enjoyed by other property
in the vicinity and in the same zoning district. Any variance granted shall be subject to such conditions as will
assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and district in which such property is situated.
(Ord. 1625 § 1 (part), 1992).
14.23.020 Authority.
The zoning administrator shall hear all variance applications except variances applications that are a part of a
project being heard at a higher level; however, when in the opinion of the planning director, any matter that is
judged not to be routine matter, shall be heard by the planning commission.
(Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).
14.23.030 Application.
Applications for variances shall be initiated by submitting the following information to the planning
department: a completed application form signed by the property owner or authorized agent and accompanied by
the required fee, and any other information, plans or maps prescribed by the planning director. Application
procedures and processing timeframes shall be in accordance with state law and procedural guidelines established
by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.23.040 Multiple applications.
When multiple permit applications are filed for a given development or site (for example, in the case of a
development which requires a use permit, environmental and design review permit and a variance) the planning
director may schedule combined hearings.
(Ord. 1625 § 1 (part), 1992).
14.23.050 Public notice and hearing.
A. Public Hearing Required. The zoning administrator or planning commission, as the case may be, shall hold a
public hearing on an application for a variance.
B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
14.23.060 Conditions of approval.
In approving a variance the zoning administrator or planning commission may impose reasonable conditions.
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(Ord. 1625 § 1 (part), 1992).
14.23.070 Findings.
The zoning administrator or planning commission may approve an application for a variance if the following
findings can be made:
A. That because of special circumstances applicable to the property, including size, shape, topography,
location or surroundings, the strict application of the requirements of this title deprives such property
of privileges enjoyed by other property in the vicinity and under identical zoning classification;
B. That the variance will not constitute a grant of special privileges inconsistent with the limitations upon
other properties in the vicinity and zoning district in which such property is situated;
C. That granting the variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations for the zoning district in which the subject property is located;
D. That granting the application will not be detrimental or injurious to property or improvements in the
vicinity of the development site, or to the public health, safety or general welfare.
The zoning administrator or planning commission may approve an application for a variance from the
parking standards of this title in order that some or all of the required parking spaces be located off-site, or
that in-lieu fees or facilities be provided instead of the required parking spaces, if, in addition to subsections
(A) through (D) of this section, both of the following findings can be met:
E. The variance will be an incentive to, and a benefit for, the nonresidential development; and,
F. The variance will facilitate access to the nonresidential development by patrons of public transit
facilities.
(Ord. 1625 § 1 (part), 1992).
14.23.080 Notice of decision.
The zoning administrator or planning commission shall prepare a written decision which shall contain the
findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed
to the applicant.
(Ord. 1625 § 1 (part), 1992).
14.23.090 Effect of failure to give notice.
No action, inaction or recommendation regarding any development by the zoning administrator or planning
commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to
the notices, including the failure to give any notice required by this section, unless the court after an examination
of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by
reason of such error or omission, the party complaining or app ealing sustained and suffered substantial injury, and
that a different result would have been probable if such error or omission had not occurred or existed. There shall
be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).
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14.23.100 Appeals.
Appeals of zoning administrator or planning commission determinations on variance applications shall be
filed and processed in accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).
14.23.110 Effective date of permit.
A variance shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals,
unless appealed.
(Ord. 1625 § 1 (part), 1992).
14.23.120 Approval to run with the land.
Any variance approval shall run with the land and shall continue to be valid for the time period specified
whether or not there is a change of ownership of the site or structure to which it applies.
(Ord. 1625 § 1 (part), 1992).
14.23.130 Extensions.
A variance may be extended by the zoning administrator if the findings required by Section 14.23.070,
Findings, remain valid and application is made prior to expiration.
(Ord. 1625 § 1 (part), 1992).
14.23.140 Amendments—New application.
A request for changes in conditions of approval of a variance, or a change to plans that would affect a
condition of approval, shall be treated as a new application unless the zoning administrator finds that the changes
to the approved plans are noncontroversial, minor, do not involve substantial alterations or additions to the plans
and are consistent with the intent of the original approval.
(Ord. 1625 § 1 (part), 1992).
14.23.150 Revocation.
A variance that is exercised in violation of a condition of approval or a provision of this title may be revoked,
as provided in Chapter 14.30, Enforcement.
(Ord. 1625 § 1 (part), 1992).
14.23.160 New applications following denial or revocation.
If an application for a variance is denied or revoked, no new application for the same, or substantially the
same, variance shall be filed within one year of the date of denial or revocation of the initial application, unless the
denial is made without prejudice.
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(Ord. 1625 § 1 (part), 1992).
14.23.170 Expiration.
Variances are valid for two (2) 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 (1) 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.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 6.1), 8-6-2021)
Chapter 14.24 EXCEPTIONS
14.24.010 Specific purposes.
The purpose of this chapter is to provide flexibility in the application of selected site development
regulations where minor adjustments are needed. Exceptions shall only be granted for the site development
standards cited in Section 14.24.020, Authority. Exceptions granted shall be compatible with adjoining uses and
consistent with the purposes of this title and the specific zoning district in which the subject property is located.
(Ord. 1625 § 1 (part), 1992).
14.24.020 Authority.
The planning director shall approve, conditionally approve or deny applications for exceptions. The planning
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 R7.5 district, and by not more than
five feet (5′) in the R10, R20, R1a 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 decrease will
not unreasonably affect abutting sites.
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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
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
planning director determines that the floor area addition is necessary to permit circulation between
the resultant stories of habitable floor space.
E. Height. 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 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.
F. Landscaping.
1. In multifamily residential districts, required buffer landscaping may be 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 may be reduced, subject to review by the traffic engineer. Aisle width
exceptions shall only be allowed where such decrease will not create a hazardous traffic
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condition, and where such reduction is necessary to provide for additional parking where existing
parking does not meet current standards.
3. In downtown residential or non-residential projects, tandem parking may be allowed, subject to
review by the traffic engineer and the fire department, where necessary to accommodate the
required parking spaces, provided that the tandem spaces are assigned to the same unit or
tenant 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 topograph y 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.
(Ord. 1838 § 46, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 78, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 32, 11-19-2018)
14.24.030 Application.
Applications for exceptions shall be initiated by submitting the following information to the planning
department: a completed application form signed by the property owner or authorized agent, accompanied by the
required fee, and any other information, plans or maps prescribed by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.24.040 Public notice and hearing.
In cases involving building height exceptions for nonresidential buildings, the proposed exception shall be
reviewed, noticed and heard with the related development applications by the planning commission and/or city
council. In the case of all other types of exceptions, no public notice or hearing shall be required.
(Ord. 1625 § 1 (part), 1992).
14.24.050 Conditions of approval.
In approving an exception, the planning director may impose reasonable conditions.
(Ord. 1625 § 1 (part), 1992).
14.24.060 Findings.
The planning director may approve an application for an exception if the following findings can be made:
A. That there are special circumstances applicable to the property or land use, including but not limited to
the size, shape, topography, location or surroundings that warrant granting of a minor exception from
the strict application of the standards in this title;
B. That granting the exception will not be detrimental or injurious to property or improvements in the
vicinity of the development site, or to the public health, safety or general welfare.
(Ord. 1625 § 1 (part), 1992).
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14.24.070 Notice of decision.
The planning director shall prepare a written decision which shall contain the findings of fact upon which
such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(Ord. 1625 § 1 (part), 1992).
14.24.080 Appeals.
Appeals of the planning director's determinations on requests for exceptions shall be filed and processed in
accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).
14.24.090 Effective date of permit.
A. An exception shall become effective on the date specified by the written decision by the planning director
granting the exception. Such approval date shall indicate the planning director's approval only of the
exception and does not eliminate or replace the need to secure a building permit prior to any construction
activity.
B. The rights granted by the exception shall be effective only when exercised within the time period established
as a condition of granting the exception, or, in the absence of such established time period, one year from
the date the permit becomes effective.
(Ord. 1625 § 1 (part), 1992).
14.24.100 Approval to run with the land.
Once exercised, any exception granted shall run with the land and shall continue to be valid upon a change of
ownership of the site or structure to which it applies.
(Ord. 1625 § 1 (part), 1992).
14.24.110 Extensions.
An exception may be extended by the planning director if the findings required by Section 14.24.060,
Findings, remain valid and application is made prior to expiration.
(Ord. 1625 § 1 (part), 1992).
14.24.120 Amendments—New application.
A request for a change in the conditions of approval of an exception, or changes to plans which would affect
a condition of approval, shall be treated as a new application for an exception.
(Ord. 1625 § 1 (part), 1992).
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14.24.130 Revocation.
An exception that is exercised in violation of a condition of approval or a provision of this title may be
revoked, as provided in Chapter 14.29, Enforcement.
(Ord. 1625 § 1 (part), 1992).
14.24.140 New applications following denial or revocation.
If an application for an exception is denied or revoked, no new application for the same, or substantially the
same, exception shall be filed within one year of the date of denial or revocation of the initial application, unless
the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
14.24.150 Expiration.
Exceptions are valid for two (2) 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 (1) 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.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 7.1), 8-6-2021)
Chapter 14.25 ENVIRONMENTAL AND DESIGN REVIEW PERMITS
14.25.010 Specific purposes.
Environmental and design review implements general plan policies concerning the environment and design
by guiding the location, functions and appearance of development. The key environmental and design goal of the
city is to respect and protect the natural environment and assure that development is harmoniously integrated
with the existing qualities of the city. The purposes of environmental and design review are to:
A. First and foremost, maintain a proper balance between development and the natural environment;
B. Ensure that the location, design and materials and colors of development blends with and enhances
the natural setting;
C. Maintain and improve the quality of, and relationship between, development and the surrounding area
to contribute to the attractiveness of the city;
D. Preserve balance and harmony within neighborhoods;
E. Promote design excellence by encouraging creative design and the innovative use of materials and
methods and techniques;
F. Preserve and enhance views from other buildings and public property;
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G. Ensure the right to make residential additions and modifications which minimize the impact on
adjacent residences and which are designed to be compatible with the existing residence and
neighborhood.
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.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 10.1), 8-16-2021)
14.25.020 Authority.
The planning commission, zoning administrator or community development director shall approve,
conditionally approve or deny applications for environmental and design review permits. This authority is
identified as follows:
A. Major Environmental and Design Review Permit. The planning commission shall make determinations
on environmental and design review applications for any major physical improvement listed under
Section 14.25.040(A).
B. Minor Environmental and Design Review Permit. The zoning administrator shall make determinations
on environmental and design review applications for any minor physical improvement listed under
Section 14.25.040(B), and one-time extensions to major and minor environmental and design review
permit approvals. When, in the opinion of the zoning administrator, an applicant or a member of the
public, any matter set forth in Section 14.25.040(B) does not meet the applicable review criteria set
forth in Section 14.25.050, the application shall be forwarded to the design review board for its
recommendation. Requests for referral to the design review board made by an applicant or member of
the public must be made in writing within the public review period and prior to the conclusion of the
zoning administrator's public hearing, and must set forth specific reasons why it is believed that the
proposed design does not meet the applicable review criteria.
C. Administrative Environmental and Design Review Permit. The community development director shall
make determinations on environmental and design review applications for administrative design
review, as listed under Section 14.25.040(C), and one-time extensions to administrative environmental
and design review permit approvals. Applications which clearly meet the applicable review criteria may
be approved over the counter, at the discretion of the community development director.
D. Elevated Level of Review. When, in the opinion of the community development director, any matter
set forth in Section 14.25.040(B) or (C) is of a size, importance or unique nature such that it is judged
not to be a routine matter, it may be placed directly on the agenda of the planning commission for
determination in lieu of having it processed by the zoning administrator or community development
director.
E. Reduced Level of Review. When, in the opinion of the community development director, any matter
set forth in Section 14.25.040(A) or (B) of this chapter is insignificant or inconsequential, will have no
detrimental impact on surrounding properties or public vantage points, and is not a matter requiring
the designated level of review, it may be processed by the zoning administrator or community
development director. In cases where the zoning administrator or community development director
process an application that would normally be reviewed by the planning commission, the planning
commission shall be informed of the pending action through receipt of the public hearing notice. The
public hearing notice shall indicate that the design review permit review is b eing delegated from the
planning commission to the zoning administrator or community development director for action, and
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that a request may be made to refer the matter back to the planning commission for action. Prior to an
action by the zoning administrator or community development director, a planning commissioner may
direct, or a member of the public may request, that the application be referred to the planning
commission for a public hearing and action.
(Ord. 1838 § 47, 2005; Ord. 1820 § 2, 2004; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 79, 6-21-2010)
14.25.030 Application.
A. Initial Consultation. An initial consultation may be initiated by requesting an appointment with the
community development director or a designated representative. Sketches of the design of a proposed
structure or alteration should be submitted for informal staff review so that an applicant may be informed of
environmental and design review board policies of the City prior to preparing detailed drawings.
B. Conceptual Review Required. The applicant of a development subject to major environmental and design
review shall submit an application for conceptual review by the design review board. Conceptual review
focuses on the conceptual design approach, and gives both the design review board and the applicant the
opportunity to work together to achieve a quality design by providing an opportunity for the board to
identify and discuss relevant issues and indicate the appropriateness of the design approach. Submi ttal
materials shall include a site plan, floor plans and building elevations with sufficient detail to convey the
proposed design direction. The applicant's presentation should have a level of detail adequate to show the
architect's analysis of the problem and to explain the proposed design solution. Conceptual review is
optional for development subject to minor environmental design review.
BC. Application for Environmental and Design Review. Applications for environmental and design review permits
shall be initiated by submitting to the community development department a completed application form,
signed by the property owner or authorized agent, accompanied by the required fee, and the following
information. (Note: All residential projects located in the hillside development district or on lots with slopes
over twenty-five percent (25%) shall submit the information required in Appendix A, E nvironmental and
Design Review Application Requirements for Hillside Residential Development Projects, of the Hillside
Residential Design Guidelines Manual.) The community development director may require that additional
information be submitted or may waive the submission of listed information.
1. Contextual map showing the relationship of the proposed development to the surrounding buildings
and site features;
2. Natural features map providing detailed information about on-site features, including existing trees
and other vegetation, and the impact of the development on existing site conditions;
3. Site plan(s) showing proposed parking, loading, circulation, drainage facilities and utility connections;
4. Landscape plan showing all existing and proposed improvements, location of proposed plantings,
landscape material and structures, and community amenities. For projects that are required to provide
water-efficient landscapes pursuant to Section 14.16.370 of this title, the landscape plan and
supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance No. 414
(including any subsequent amendments).
5. Grading plan showing existing and proposed contours, the extent of cut and fill, and erosion control
methods;
6. Building elevations including exterior materials and colors, and showing all sides of the structures;
7. Floor and roof plans;
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8. Phasing plan, if proposed;
9. Site photographs showing site and adjacent properties;
10. Shadow diagram if deemed necessary to evaluate potential shading of adjacent properties;
11. Story poles reflecting the proposed height of the structure(s) if needed to evaluate project impacts.
12. All existing street frontage improvements, if applicable, and any proposed modifications to public
improvements, including any proposed or required street tree removal or planting.
CD. Multiple Applications. When multiple permit applications are filed for a given development or site (for
example, in the case of a development which requires a use permit, environmental and design review permit
and a variance) the community development director may schedule combined hearings.
(Ord. 1838 § 48, 2005; Ord. 1820 § 3, 2004; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, §§ 80—82, 6-21-2010)
14.25.040 Improvements subject to review.
No improvement subject to environmental and design review shall hereafter be constructed, located,
repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as provided in
this chapter. The following items shall be subject to environmental and design review permits, whether or not a
building permit is required.
A. Major Physical Improvements.
1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi-public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units, where the
addition constitutes more than forty percent (40%) of the total square footage of the
building,
b. Additions and alterations to existing nonresidential structures where the addition is greater
than forty percent (40%) of the existing square footage. (Note: The community
development director may determine that an addition or alteration greater than forty
percent (40%) which has a minor impact on the visual character or function of a building is
subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more
existing dwelling units.
3. 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;
4. Development subject to review as a major physical improvement pursuant to any other provision
of this title;
5. Mural signs painted on the exterior surface of a wall of an existing or new structure;
6. Wireless telecommunications facility, as prescribed under Section 14.16.360.B.
B. Minor Physical Improvements.
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.
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).
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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.
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.
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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 devel opment.
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.
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.
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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.
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.
(Ord. 1838 § 49, 2005; Ord. 1825 § 2 (Exh. A) (part), 2004; Ord. 1820 § 4, 2004; Ord. 1819 § 2, 2004; Ord. 1802 § 6,
2003: Ord. 1751 § 7, 2000; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 83—89, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) §
33, 11-19-2018; Ord. No. 1991 , divs. 1, 2, 3-1-2021; Ord. No. 1996 , div. 2(Exh. A, 10.2), 8-16-2021; Ord. No. 2002 ,
div. 14, 12-6-2021)
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* Legislative history: Ordinances 1819 and 1820, adopted contemporaneously on February 2, 2004, amended the
same code section, Section 14.25.040(C). Ordinance 1819 added a new subsection 10 to Section 14.25.040(C) and
Ordinance 1820 moved subsections 1 and 2 from Section 14.25.040(C) to Section 14.25.040(B). Due to clerical
error and contrary to the intent of the city council, Ordinance 1820 did not incorporate the amendment resulting
from Ordinance 1819. The correct version of Section 14.25.040(C), as intended by the city council in its adoption of
Ordinances 1819 and 1820, is set forth herein.
14.25.050 Review criteria.
A. Consistency with General Plan Design Policies. To ensure that each proposed improvement shall accomplish
the purposes of Section 14.25.010, Specific purposes, environmental and design review shall be guided by
general plan design policies, and the following criteria.
B. 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 element, 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 referen ce. The criteria listed below shall apply
where the Downtown San Rafael Precise Plan form-based code is silent on the specific criteria topic.
C. Design Criteria. Review shall be guided by the following criteria to assure that, with regard to buildings,
structures and physical improvements, each proposed development shall carry out the purposes of this
chapter, the general plan policies and any design plans. Any or all of the following criteria may, upon
recommendation of the design review board, be waived by the planning commission when the applicant has
demonstrated that alternative design concepts carry out the objectives of this chapter and where such
development is consistent with the general plan. Hillside residential design criteria may be waived by the city
council with the following findings:
1. The project design alternative meets the stated objectives of the guidelines to preserve the inherent
characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with
nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and
2. Alternative design solutions which minimize grading, retain more of the project site in its natural state,
minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably
superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to
nearby structures.
D. Competent Design. The development plans shall be designed by, and bear the signature of a person who,
under the building code, has been designated as legally competent to submit such development proposal.
Plans for a development subject to a major environmental and design review permit before the design
review board planning commission shall be prepared by, and bear the signature of, an architect and/or
landscape architect licensed by the state of California Department of Consumer Affairs.
E. Site Design. There should be a harmonious relationship between structures within the development and
between the structures and the site. Proposed structures and site development should be related accordant
to existing development in the vicinity. There must be a consistent organization of materials and a balanced
relationship of major elements.
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1. Views. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills
should be preserved and enhanced from public streets and public vantage points. In addition, respect
views of St. Raphael's Church up "A" Street.
2. Site Features and Constraints. Respect site features and recognize site constraints by minimizing
grading, erosion and removal of natural vegetation. Sensitive areas such as highly visible hillsides,
steep, unstable or hazardous slopes, creeks and drainageways, and wildlife habitat should be preserved
and respected.
3. Access, Circulation and Parking. The development should provide good vehicular, bicycle and
pedestrian circulation and access, on-site and in relation to the surrounding area, including public
streets, waterways, shorelines and open space areas. Safe an d convenient parking areas should be
designed to provide easy access to building entrances. Parking facilities should detract as little as
possible from the design of proposed or neighboring structures. Entrances to parking structures should
be well-defined and should include materials compatible with those of the parking garage. Traffic
capacity of adjoining streets must be considered.
4. Energy-Efficient Design. The site design shall show that due regard has been given to orientation of
structures to streets and climatic considerations.
5. Drainage. Special attention shall be given to proper site surface drainage and an adequate drainage
system. (Note: The details of drainage systems shall be subject to approval of the director of the
department of public works.)
6. Utility Service. Utility connections shall be installed underground. Proposed method of sanitary sewage
disposal for all buildings shall be indicated. Refuse collection areas shall be screened and located in
areas convenient both to users and to persons who make collections. There shall be adequate ingress
and egress to all utilities. (Note: Recycling facilities must meet Standard of Resolution 93-57.)
F. Architecture. The project architecture should be harmoniously integrated in relation to the architecture in
the vicinity in terms of colors and materials, scale and building design. The design should be sensitive to and
compatible with historic and architecturally significant buildings in the vicinity, and should enhance
important community gateways, view corridors and waterways as identified in the general plan.
1. Design Elements and Approaches. Design elements and approaches which are encouraged include:
a. Creation of interest in the building elevation;
b. Pedestrian-oriented design in appropriate locations;
c. Energy-efficient design;
d. Provision of a sense of entry;
e. Variation in building placement and height;
f. Dwelling units accessible to the mobility-impaired;
g. Equal attention to design of all facades in sensitive locations;
h. Bedrooms and decks oriented away from high noise sources;
i. Common usable areas should offer residents a convenient and attractive place to exercise, relax
and meet one another;
j. Private yard areas should be oriented away from high noise sources and take advantage of view
opportunities and solar orientation.
2. Materials and Colors. Materials and colors should be consistent with the context of the surrounding
area. To minimize contrast of the structure with its background as viewed from the surrounding
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neighborhood, color selection shall coordinate with the predominant colors and values of the
surrounding landscape and architecture. High-quality building materials are required. In hillside areas,
as identified in Section 14.12.020 of this title, natural materials and colors in the earth tone and
woodnote range are generally preferred. Other colors and materials may be used which are
appropriate to the architectural style, harmonious with the site and/or compatible with the character
of the surrounding environment.
a. Earthtone/woodtone colors are considered to be various natural shades of reddish -brown,
brown, grey, tan, ocher, umber, gold, sand, blue and green.
b. Natural materials include adobe, slump block, brick, stone, stucco, wood shakes, shingles and
siding, and tile roofs.
c. Concrete surfaces shall be colored, textured, sculptured and/or patterned to serve a design as
well as a structural function.
d. Metal buildings, roofs, or finishes that develop an attractive oxidized finish (such as copper or
weathering steel) may be used. Unpainted metal, galvanized metal or metal subject to rusting is
discouraged.
e. Glare-reducing and color-harmonizing finishes may be required on glass surfaces when they
constitute fifty percent (50%) or more of a wall or building face, or when they permit a view of
pipes, utilities and other service units.
f. Reflective glass, such as mirror or glazed, is discouraged. Such glass may be prohibited where it
has an adverse impact, such as glare on pedestrian or automotive traffic or on adjacent
structures.
g. Roof materials shall minimize reflectivity.
3. Walls, Fences, and Screening. Walls, fences and screening shall be used to screen parking and loading
areas, refuse collection areas and mechanical equipment from view. Screening of mechanical
equipment shall be designed as an integrated architectural component of the building and the
landscape. Utility meters and transformers shall be incorporated into the overall project design.
4. Exterior Lighting. Light sources should provide safety for the building occupants, but not create a glare
or hazard on adjoining streets or be annoying to adjacent properties or residential areas.
5. Signs. Signs shall be designed consistent with the guidelines in Chapter 14.19, Signs.
6. Upper-Story Additions and Modifications Which Result in More Than One Floor. Design review of new
two-story homes, upper-story additions and lift-and-fill construction is not intended to preclude such
development, but rather required to assure better design of such additions and to limit impacts on
adjacent properties. Modifications to structures on lots in the hillside development overlay district or
on lots with an average slope of twenty-five percent (25%) or more are subject to the Hillside
Residential Design Guidelines Manual.
a. Windows Facing the Rear Yard. There shall be a minimum number of upper -story windows facing
the rear where privacy of adjacent residential structures would be significantly affected (e.g.,
unfiltered and direct views from a primary living area into a primary living room, bedroom or
backyard recreational area of an adjoining residential property would result). Windows above the
first story shall be designed so that they do not look directly onto private patios or backyards of
adjoining residential property. Skylights, opaque glass, permanently affixed louvers, inset
windows or windows with high sills may be required where appropriate when other window
designs would severely affect the privacy of rear yards or patios of adjacent residences.
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b. Windows Facing the Side Yard. Windows, balconies or similar openings above the first story shall
be oriented so as not to have a direct line-of-sight into windows, balconies or similar openings of
adjacent structures.
c. Windows Facing the Front Yard. Windows, balconies, doors or other openings above the first
story are encouraged. Windows and doors shall match the style and scale of the windows and
doors of the existing structure. Upper-story additions shall be an extension of the existing
residence with internal circulation connecting to the existing structure.
d. Outside Stairways. Outside stairways to upper stories shall be designed as modest structures
which do not dominate the facade of the building.
e. Design Consistency. Proposed roof slope, window style and building materials shall be designed
to be consistent with the roof slope, window style and materials of the existing structure.
f. Neighborhood Compatibility. Where a prevailing design exists on both sides of the street for the
length of the block, the addition or modification shall be designed to be compatible with the
design character and scale of the neighboring buildings.
g. Shadowing. Shading of existing solar collectors and primary, active recreational areas in the rear
and/or side yards of adjacent properties should generally not exceed ten percent (10%) of the
area or increase existing shading by more than ten percent (10%) between the hours of noon and
three p.m. (3:00 p.m.) on December 21 due to the proposed upper-story construction. For
purposes of this subsection, a solar collector shall be any device which is designed primarily to
collect solar energy and which contains an area of twenty-four (24) square feet or more.
Applications which cannot meet this design criterion shall demonstrate that every feasible effort
has been made to reduce the shading impacts of the proposed structure and that a reasonable
upper-story addition which complies with this design criterion is not feasible.
G. Landscape Design. The natural landscape should be preserved in its natural state, insofar as practicable, by
minimizing grading, and tree and rock removal. The landscaping shall be designed as an integral
enhancement of the site, sensitive to natural site features.
1. Outdoor Amenity Areas. Outdoor amenity areas should be designed to minimize noise impacts on
adjoining uses.
2. Water-Efficient Landscape Design. Water conservation shall be considered and incorporated in the
design of landscape and irrigation plans for all projects. For projects that are required to provide a
water-efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive
materials shall comply with Marin Municipal Water District (MMWD) Ordinance, and future
amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be
used for irrigation.
3. Landscaped Buffer Area. Landscaped buffer areas may be required near wetlands and other sensitive
habitat areas. A landscaped berm around the perimeter of parking areas is encouraged.
4. Street Trees and Landscaping. Street trees shall be shown on plans submitted for a project within the
downtown area, and shall be provided and protected in accordance with the city street tree planting
guidelines and recommendations of the city arborist. Street trees and landscaping should be consistent
with the following:
a. Provide smaller scale, seasonal color and street trees for pedestrian-oriented streets;
b. Provide high-canopy traffic-tolerant trees and landscaped setbacks for primary vehicular
circulation streets.
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c. Existing mature trees proposed to be removed as part of a project should be replaced with an
equivalent number, size and alternate species.
d. Trees proposed to remain shall be protected during construction.
e. All trees shall be installed, protected and pruned in accord with accepted arboricultural standards
and practices.
H. Temporary Visual and Air Pollution Resulting from Construction. Temporary pollution resulting from grading
and construction shall be minimized to avoid unnecessary annoyance to persons living or working in the
area.
(Ord. 1838 §§ 50, 51, 2005; Ord. 1820 § 5, 2004; Ord. 1802 § 7, 2003; Ord. 1695 § 1, 1996; Ord. 1694 § 1 (Exh. A)
(part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 90—93, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A,
10.3), 8-16-2021)
14.25.060 Public notice and hearing.
A. Major Environmental and Design Review Permit.
1. The planning commission shall hold a public hearing on an application for a major environmental and
design review permit.
2. Notice of design review board meetings and the planning commission hearings shall be given
consistent with Chapter 14.29, Public Notice.
B. Minor Environmental and Design Review Permit.
1. The zoning administrator shall hold a public hearing on an application for minor environmental and
design review permit.
2. Notice of design review board meetings andzoning administrator hearings shall be given consistent
with Chapter 14.29, Public Notice.
C. Administrative Environmental and Design Review Permit. Public notice and hearing are not required for
issuance of an administrative environmental and design review permit, except for development subject to
Sections 14.14.030 and 14.25.040(C)(19), modifications to properties in the EA overlay district, which shall
comply with the notice provisions in Chapter 14.29 of this title.
(Ord. 1838 § 52, 2005; Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 34, 11-19-2018)
14.25.070 Streamlined review of certain residential projects.
The following residential projects shall be eligible for a streamlined review process, as established by city
council resolution under a pilot program known as the "streamlined review for certain residential projects."
A. Residential structures of three (3) to ten (10) units.
B. Additions to multifamily residential structures of between three (3) to ten (10) units, where the
addition constitutes no more than forty (40) percent of the total square footage of the building and
would not increase the unit count by more than three (3) units.
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This streamlined review process allows for a joint meeting of the planning commission and two (2) representatives
of the design review board. The framework, roles and membership of the design review board representatives for
a streamlined review process shall be as established by city council resolution. ( Ord. No. 2018 , div. 1, 10 -3-2022)
Ord. No. 2018 , div. 1, adopted Oct. 3, 2022, repealed the former § 14.25.070, which pertained to design review
board, and enacted a new § 14.25.070 as set out herein. The former § 14.25.070 derived from Ord. 1838,
adopted 2005: Ord. 1794, adopted 2003: Ord. 1625, adopted 1992; Ord. No. 1882, adopted June 21, 2010;
Ord. No. 2006 , § 1, adopted May 2, 2022.
14.25.080 Conditions of approval.
In approving an environmental and design review permit, the community development director, zoning
administrator or planning commission may impose reasonable conditions to assure furtherance of objectives
stated herein. Dedication, relocation, installation and/or improvement of rights-of-way may be required where
essential to prevent congestion and/or hazards which may result from the use of land proposed. Environmental
and design review permits shall be subject to the following standard conditions, unless modified by the approving
body:
A. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees
shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the
time of replacement.
B. Landscaping and irrigation must meet the Marin Municipal Water District's (MMWD) water
conservation rules and regulations. For projects that are required to provide a water -efficient
landscape pursuant to Section 14.16.370 of this title, the landscape p lan and supportive materials shall
comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments
as adopted. Prior to the issuance of a building permit, a grading permit or other authorization or city
approval to proceed with construction and landscape installation, the applicant must provide written
verification of plan approval from MMWD.
C. The building materials and colors as presented for approval shall be the same as required for the
issuance of a building permit. Any future changes in materials or color shall be subject to review by the
design review board planning director and approval of an administrative environmental and design
review permit.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 95, 6-21-2010)
14.25.090 Findings.
The community development director, zoning administrator or planning commission may approve an
application for an environmental and design review permit. The following findings must be made by the hearing
body:
A. That the project design is in accord with the general plan, the objectives of the zoning ordinance and
the purposes of this chapter;
B. That the project design is consistent with all applicable site, architecture and landscaping design
criteria and guidelines for the district in which the site is located;
C. That the project design minimizes adverse environmental impacts; and
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D. That the project design will not be detrimental to the public health, safety or welfare, nor materially
injurious to properties or improvements in the vicinity.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 96, 6-21-2010)
14.25.100 Notice of decision.
The planning director shall prepare a written decision which shall contain the findings of fact upon which
such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(Ord. 1625 § 1 (part), 1992).
14.25.110 Effect of failure to give notice.
No action, inaction or recommendation regarding any development by the planning director, zoning
administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error
or omission pertaining to the notices, including the failure to give any notice required by the section, unless the
court after an examination of the entire case shall be of the opinion that the error or omission complained of was
prejudicial, and that by reason of such error or omission the party c omplaining or appealing sustained and suffered
substantial injury, and that a different result would have been probable if such error or omission had not occurred
or existed. There shall be no presumption that the error or omission is prejudicial or that i njury was done if error or
omission is shown.
(Ord. 1625 § 1 (part), 1992).
14.25.120 Appeals.
Appeals of environmental and design review determinations shall be filed and processed in accordance with
Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).
14.25.130 Effective date of permit.
An environmental and design review permit shall become effective at the end of the appeal period as
specified in Chapter 14.28, Appeals, unless an appeal is filed.
(Ord. 1625 § 1 (part), 1992).
14.25.140 Approval to run with the land.
Any environmental and design review permit approval shall run with the land and shall continue to be valid
for the time period specified whether or not there is a change of ownership of the site or structure to which it
applies. Notwithstanding the foregoing, the issuance of administrative design review permits for outdoor eating
areas located on city sidewalks or city rights-of-way shall not confer any property rights therein or otherwise
encumber the city's property rights.
(Ord. 1751 § 8, 2000: Ord. 1625 § 1 (part), 1992).
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14.25.150 Extensions.
An environmental and design review permit may be extended by the zoning administrator, if the findings
required by Section 14.25.090, Findings, remain valid, there have been no substantial changes in the factual
circumstances surrounding the originally approved design, and application is made prior to expiration.
Administrative environmental and design review permits may be extended by the community development
director.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 97, 6-21-2010)
14.25.160 Amendments—New application.
The planning director may approve changes in conditions of approval upon determining that the changes in
conditions are minor and are consistent with the intent of the original approval, and the zoning administrator may
approve minor changes to approved plans. Revisions involving substantial changes in project design or conditions
of approval shall be treated as new applications and referred to the original hearing body.
(Ord. 1625 § 1 (part), 1992).
14.25.170 Revocation.
An environmental and design review permit that is exercised in violation of a condition of approval or a
provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.
(Ord. 1625 § 1 (part), 1992).
14.25.180 New application following denial or revocation.
If an application for an environmental and design review permit is denied or revoked, no new application for
the same, or substantially the same, environmental and design permit shall be filed within one year of the date of
denial or revocation of the initial application, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
14.25.190 Construction review and enforcement.
A. Building Plan Review. An approved application, and all other related and approved maps, drawings and other
supporting materials constituting a part of the approved application, shall be so endorsed by the community
development director or designated staff. The community development director or designated staff shall
review construction drawings, final plans and other similar documents prior to issuance of a building permit
for compliance with the environmental and design review permit.
B. Construction Time Frame. The applicant shall continue with construction through to completion as one
continuous process. The period of construction shall be of a duration reasonable to the size and complexity
of the development. All plans have to be constructed and maintained as approved. Any design revisions are
subject to Section 14.25.160, Amendments—New application.
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C. Building Construction Inspections. The building official shall, when performing building inspections on the
site, also inspect for compliance with the environmental and design review permit and shall report to the
community development director any deviations therefrom, either in the plans or on the site.
D. Construction Impacts. Temporary visual and air pollution resulting from construction shall be minimized
through retention of natural vegetation, rock formations and topography until applicant is prepared, once
grading commences, to continue immediately with the construction applied for through to completion as
one continuous process. The period of construction shall be of a duration reasonable to the size and
complexity of the development. During grading, dust prevention must be emphasized to avoid unnec essary
annoyance to persons living or working in the area.
E. Noncompliance. In addition to the fines and penalties set forth in Chapter 14.29, Enforcement, failure to
comply in any respect with an environmental and design review permit shall constitute grounds for the
immediate stoppage of the work involved in said noncompliance.
F. Certificate of Occupancy. An occupancy permit shall not be issued in part or whole for any improvement
subject to environmental and design review unless and until the work specified in the environmental and
design review permit has been completed, including landscaping. If for any valid reason full compliance in
accordance with the environmental and design review permit cannot be made, a cash bond or other
approved form of surety, which shall be in such amount as the city may fix, shall be posted for the work to be
completed within a reasonable period of time as determined by the community development director.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 98, 6-21-2010)
14.25.200 Expiration.
Environmental and design review permits are valid for two (2) 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 (1) 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.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 8.1), 8-6-2021)
Chapter 14.26 REQUESTS FOR REASONABLE ACCOMMODATION
14.26.010 Purpose.
This chapter provides a procedure to request reasonable accommodation for persons with disabilities
seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and
Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.
(Ord. 1838 § 54 (part), 2005).
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14.26.020 Applicability.
A. Authorized Applicants. A request for reasonable accommodation may be made by any person with a
disability, their representative or any entity, when the application of a zoning law or other land use
regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a
person who has a physical or mental impairment that limits or substantially limits one or more major life
activities, anyone who is regarded as having such impairment or any who has a record of such impairment.
This chapter is intended to apply to those persons who are defined as disabled under the Acts.
B. Elimination of Regulatory Barriers. A request for reasonable accommodation may include a modification or
exception to the rules, standards and practices for the siting, development and use of housing or housing -
related facilities that would eliminate regulatory barriers and provide a person with a disability equal
opportunity to housing of their choice. A request for reasonable accommodation shall comply with Section
14.26.030 (Application requirements) of this chapter.
(Ord. 1838 § 54 (part), 2005).
14.26.030 Application requirements.
A. Application. A request for reasonable accommodation shall be initiated by submitting to the community
development department a completed application form, signed by the property owner or authorized agent,
accompanied by the required fee, and the following information submitted in the form of a letter to the
community development director:
1. The applicant's name, address and telephone number;
2. Address of the property for which the request is being made;
3. The current use of the property;
4. The basis for the claim that the individual is considered disabled under the Acts;
5. The zoning code provision or other city regulation or policy from which reasonable accommodation is
being requested; and
6. An explanation of why the reasonable accommodation is necessary to make the specific property
accessible to the individual.
B. Review with Other Planning Applications. If the project for which the request for reasonable accommodation
is being made also requires some other discretionary planning approval (such as a use permit, environmental
and design review permit, zone change, general plan amendment or subdivision), then the applicant shall file
the information required by subsection A of this section together for concurrent review with the
application(s) for discretionary approval.
(Ord. 1838 § 54 (part), 2005).
14.26.040 Review authority.
A. Community Development Director. A request for reasonable accommodation shall be reviewed by the
community development director if no planning approval is sought other than the request for reasonable
accommodation.
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B. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with
another discretionary planning approval shall be reviewed by the authority reviewing the discretionary
planning application.
(Ord. 1838 § 54 (part), 2005).
14.26.050 Public notice.
Written notice that a request for reasonable accommodation has been filed shall be given as follows:
A. Community Development Director Authority. For a request subject to review by the community
development director, a notice shall be mailed to the owners of record of all properties which are
immediately adjacent to the project which is the subject of the request at least fifteen (15) days prior
to the decision by the director.
B. Other Review Authority. For a request made in conjunction with another discretionary planning
approval, notice shall be given in the manner prescribed for the other discretionary planning
application.
(Ord. 1838 § 54 (part), 2005).
14.26.060 Findings and decision.
A. Findings. The written decision to grant or deny a request for reasonable accommodation shall be consistent
with the Acts and shall be based on consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual with a disability
under the Acts;
2. Whether the request for reasonable accommodation is necessary to make specific housing available to
an individual with a disability under the Acts;
3. Whether there is an alternative accommodation which may provide an equivalent level of benefit;
4. Whether the requested accommodation would negatively impact surrounding uses or properties;
5. Whether the requested reasonable accommodation would impose an undue financial or administrative
burden on the city; and
6. Whether the requested reasonable accommodation would require a fundamental alteration in the
nature of a city program or law, including, but not limited to, land use and zoning.
B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may
impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable
accommodation would comply with the findings required in subsection A of this section.
(Ord. 1838 § 54 (part), 2005).
14.26.070 Appeal of determination.
A determination by the review authority to grant or deny a request for reasonable accommodation may be
appealed in accordance with Chapter 14.28, Appeals, of this title.
(Ord. 1838 § 54 (part), 2005).
Title 14 - ZONING*
Division V - ADMINISTRATIVE REGULATIONS
Chapter 14.27 AMENDMENTS
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Chapter 14.27 AMENDMENTS
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.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 9.1), 8-6-2021)
14.27.020 Authority.
A. The planning commission shall recommend to the city council approval, approval with modifications, or
denial of the requested amendment to the zoning map or zoning regulations. After the hearing, the planning
commission shall render its decision to the city council in the form of written recommendation in a report
which shall include the reasons for the recommendation, and the relationship of the proposed ordinance or
amendment to applicable general and specific plans.
B. If the matter under consideration is to rezone property, and the planning commission has recommended
against the adoption of such amendment, the city council shall not be required to take any further action
thereon unless appealed. Upon receipt of a recommendation from the planning commission to approve an
amendment, the city clerk shall set the matter for public hearing. The city council shall hear and decide
requests for amendments to the zoning map or zoning regulations based on recommendation for app roval
by the planning commission, or on appeal.
(Ord. 1625 § 1 (part), 1992).
14.27.030 Initiation of amendments.
A. Zoning Map. Amendments to the zoning map may be initiated by:
1. Application of one or more property owners affected by the proposed amendment;
2. Action of the planning director;
3. Action of the planning commission; or, by
4. Action of the city council.
B. Zoning Regulations. Amendments to zoning regulations may be initiated by:
1. Application of any property owner, resident or business owner in the city;
2. Action of the planning director;
3. Action of the planning commission; or, by
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4. Action of the city council.
(Ord. 1625 § 1 (part), 1992).
14.27.040 Application for amendments initiated by the public.
Applications for amendments to the zoning map or zoning regulations by the public shall be initiated by
submitting the following information to the planning department: a completed application form, signed by the
property owner(s) or authorized agent, accompanied by the required fee, and any other information, plans or
maps prescribed by the planning director.
(Ord. 1625 § 1 (part), 1992).
14.27.050 Public notice and hearing.
The planning commission shall hold a public hearing on any proposed rezoning or amendment to the zoning
ordinance. Notice of public hearing shall be given consistent with Chapter 14.29, Public Notice.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.27.060 Findings.
The city council may approve an amendment to the zoning map or zoning regulations if the following findings
can be made:
A. The proposed amendment is consistent in principle with the general plan.
B. The public health, safety and general welfare are served by the adoption of the proposed amendment.
(Ord. 1625 § 1 (part), 1992).
14.27.070 Notice of decision.
The city council shall prepare a written decision which shall contain the findings of fact upon which such
decision is based. The decision shall be mailed to the applicant.
(Ord. 1625 § 1 (part), 1992).
14.27.080 Effect of failure to give notice.
No action, inaction or recommendation regarding a proposed amendment to the zoning map or zoning
regulations by the planning commission or city council shall be held void or invalid or be set aside by any court by
reason of error or omission pertaining to the notices, including the failure to give any notice required by this
chapter, unless the court after an examination of the entire case shall be of the opinion that the error or omission
complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing
sustained and suffered substantial injury, and that a different result would have been probable if such error or
omission had not occurred or existed. There shall be no presumption that error or omission is prejud icial or that
injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).
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14.27.090 Revisions of proposed amendments.
At or after a public hearing, the planning commission or city council may determine that the public interest
would be served by:
A. Revising the boundaries of the area proposed for a zoning map amendment;
B. Considering zoning map designations not originally presented in an application, motion or commission
recommendation; or
C. Considering a zoning regulation amendment not originally presented in a motion, application or
commission recommendation.
Notice shall be given prior to a hearing on a revised amendment, unless the commission or council finds that
the revised amendment will not have impacts greater than those that would result from the amendment in its
original form. Any proposed amendment not previously considered by the planning commission during its hearing
shall first be referred to the planning commission for report and recommendation, but the planning commission
shall not be required to hold a public hearing thereon. Failure of the plann ing commission to report within forty
(40) days after the reference, shall be deemed to be approval of the proposed modification.
(Ord. 1625 § 1 (part), 1992).
14.27.100 New application following denial.
If an application for an amendment to the zoning map or zoning regulations is denied, no new application or
petition for the same, or substantially the same, amendment shall be filed within one year of the date of denial of
the initial application, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
14.27.110 Prezoning.
Unincorporated territory adjoining the city, within the sphere of influence, may be prezoned for the purpose
of determining the zoning that will apply to such property in the event of subsequent annexation to the city.
A. Initiation. Prezoning may be initiated by action of the planning commission or city council, or by an
application filed by a property owner(s), or the owner's authorized agent, within the proposed
prezoning area.
B. Application. Application for prezoning may be initiated by a member of the public through the same
procedures specified in Section 14.27.040, Application for amendments initiated by the public, for filing
an application to amend the zoning map or zoning regulations.
C. Effective Date. Prezonings approved by the city council shall become effective at the same time the
annexation becomes effective.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.28 APPEALS
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14.28.010 Purpose and authorization for appeals.
In the event that an applicant or others affected wish to contest an action made by the planning director,
zoning administrator or planning commission relevant to the administration of this title, they may file an appeal as
described below.
A. Administrative Decision. Appeals based on decisions made by the planning director (or the planning
director's designated appointee) may be filed by any aggrieved party with the planning commission.
B. Zoning Administrator Decision. Appeals based on decisions made by the zoning administrator may be
filed by any aggrieved party with the planning commission.
C. Planning Commission. Appeals based on decisions made by the planning commission may be filed by
any aggrieved party with the city council.
While an appeal is pending, the establishment of the proposed structure or use is to be held in abeyance.
(Ord. 1625 § 1 (part), 1992).
14.28.020 Right of appeal.
Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to
appeal.
(Ord. 1625 § 1 (part), 1992).
14.28.030 Filing and time limit of appeals.
An appeal under this title shall be filed in the planning division within five (5) working days of the decision
being contested, except that where such an appeal is combined with an appeal of the same decision under Title 15
of this code, the appeal shall be filed within ten (10) calendar days, as provided under Section 15.01.040 of this
code. Appeals shall be made in writing and shall set forth the grounds for the appeal. Appeals shall be
accompanied by the required filing fee.
(Ord. 1838 § 55, 2005: Ord. 1625 § 1 (part), 1992).
14.28.040 Scheduling and notice for public hearing
A. Public Hearing Required. The planning commission or city council, as the case may be, shall hold a public
hearing on an appeal. At the public hearing, the appellate body shall review the record of the decision and
hear testimony of the appellant, the applicant and any other interested party.
B. Public hearing scheduled. Following the timely filing of an appeal, the appeal shall be scheduled for the next
available planning commission or city council meeting, as the case may be, and allowing sufficient time for
giving notice pursuant to subsection (C) of this section and state law.
C. Public hearing notice. Notice of public hearings shall be given in the manner required for the decision being
appealed as set forth in Section 14.29.020 of this Code.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1990 , div. 6, 3-1-2021)
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14.28.050 Notice of decision.
After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of
the decision shall be mailed to the applicant and to the appellant.
(Ord. 1625 § 1 (part), 1992).
14.28.060 Effect of failure to give notice.
No action, inaction or recommendation regarding any proposed development by the planning commission or
city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to
the notices, including the failure to give any notice required by this section, unless the court after an examination
of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by
reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and
that a different result would have been probable if such error or omission had not occurred or existed. There shall
be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).
14.28.070 Effective date of appealed actions.
A. A decision by the city council regarding an appeal shall become final on the date action was taken by the city
council.
B. A decision by the planning commission regarding an appeal shall become final five (5) working days after the
date of the decision, unless appealed to the city council.
(Ord. 1625 § 1 (part), 1992).
14.28.080 New appeal.
Following denial of an appeal, any matter that is substantially the same shall not be considered by the same
body within one year, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).
Chapter 14.29 PUBLIC NOTICE
14.29.010 Specific purpose.
This chapter establishes procedures for noticing public meetings and hearings before the design review
board, zoning administrator, planning commission and city council. When a public meeting or hearing is required
by this zoning ordinance, public notice shall be given as provided by this chapter.
(Ord. 1824 § 1 (Exh. A) (part), 2004).
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14.29.020 Notice of public meeting or hearing.
When a land use permit or other matter requires a public meeting or hearing, the public shall be provided
notice in compliance with state law (Government Code Sections 65090, 65091, 65094 and 66451.3, and Public
Resources Code 21000 et seq.), and as required by this chapter.
A. Contents of Notice. Notice of a public meeting or hearing shall include:
1. Hearing Information. The date, time and location of the meeting or hearing, the name of the
meeting or hearing body or officer, and the phone number of the project planner and street
address where an interested person could call or visit to obtain additional information;
2. Project Information. A description of the proposed project or matter to be considered and the
location of the property, if any, that is the subject of the hearing; and
3. Statement of Environmental Review. The notice for a public hearing shall include a statement
regarding compliance with the California Environmental Quality Act (CEQA) and level of
environmental review. If a negative declaration or environmental impact r eport has been
prepared for a project, the notice shall include a statement that the hearing body will also
consider adoption of the negative declaration or certification of the final environmental impact
report.
B. Method of Notice Distribution. Notice of a public meeting or hearing required by this chapter for a land
use permit, amendment, or appeal shall be given as follows, or as required by state law (Government
Code Sections 65090 and 65091), whichever is greater:
1. Mailing. Notice shall be mailed at least fifteen (15) days prior to the meeting or hearing to the
following:
a. Owners of the Project Site and Applicant. The owner(s) of the subject property, or the
owner's agent and the applicant;
b. Neighborhood, Business and Homeowner's Association. The affected neighborhood,
business and homeowner's association(s) where the project site is located;
c. Affected Property Owners. All property owners shown on the latest equalized assessment
roll within a radius of three hundred feet (300′) from the exterior boundaries of the
property that is the subject of the meeting or hearing (in lieu of the assessmen t roll,
records of the county assessor which may contain more recent information than the
assessment roll may be used);
d. Nonowner Occupants and Tenants. All nonowner occupants and tenants within a radius of
three hundred feet (300′) from the exterior boundaries of the property that is the subject
of the meeting or hearing;
e. Local Agencies. If any proposed rezoning or amendment to the zoning ordinance affects the
permitted uses of real property, each local agency expected to provide water, sewage,
streets, roads, schools or other essential facilities or services to the develop ment, whose
ability to provide those facilities or services may be significantly affected.
2. Posting. Notice shall be posted on the subject property at least fifteen (15) days prior to the
meeting or hearing in accordance with the following:
a. Applications Requiring Posting. A public hearing notification sign shall be required for the
following applications: planned developments, rezonings and general plan amendments
involving a land use change, tentative maps, variances, use permits involvin g new
construction and environmental and design review permits. Posting shall be required for
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environmental and design review permits only when development is proposed on a vacant
lot or when additional building area is proposed on an existing developed property.
b. Sign Size, Height and Design. Each sign shall be twenty-four inches by thirty-six inches (24"
× 36") and shall be mounted or attached to a frame that provides adequate visibility. The
sign shall provide a notice with information about the proposed proje ct, including: the
name of the meeting or hearing body or officer, the date, time and location of the meeting
or hearing, a description of the proposed project, and the phone number of the project
planner and address where an interested person could call or visit to obtain additional
information.
c. Timing. The city shall cause the required sign to be posted, at the owner's expense, on the
subject property in accordance with subsection (B)(2)(d) of this section, at least fifteen (15)
days prior to the meeting or hearing. The sign shall remain until action has been taken on
the project and the appeal period has expired.
d. Location. The required sign shall be posted on the subject property parallel to the street or
right-of-way within five feet (5′) of the front property line. In all instances, the sign shall be
located in an area most visible to the public. Signs shall not be located in a manner that
would impede safe sight distance for automobiles. In cases where there is an existing
structure on the subject property located closer than five feet (5′) from the front property
line, the notice may be posted inside a window or on a wall clearly visible from the public
right-of-way or sidewalk.
3. Publication. Notice of any proposed rezoning or amendment to the zoning ordinance shall be
published at least once in a newspaper of general circulation at least fifteen (15) days prior to the
hearing.
4. Alternative to Mailing. In the event that the number of property owners to whom a notice would
be mailed is greater than one thousand (1,000), the city may, as one alternative to the notice
required by subsections (B)(1)(a) through (B)(1)(d) of this section, place a display advertisement
of at least one-eighth page in a newspaper of general circulation in the city at least fifteen (15)
days prior to the hearing.
5. Additional Notice. In addition to the types of notice and noticing radius required above, the
community development director may provide any additional notice or notice a wider radius as
the director determines is necessary or desirable.
C. Neighborhood Meetings. When neighborhood meetings are required in accordance with City Council
Resolution 8037, or subsequent amendments, noticing shall follow the procedures in this Chapter.
(Ord. 1824 § 1 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, § 99, 6-21-2010)
Chapter 14.30 ENFORCEMENT
14.30.010 Specific purposes.
This chapter establishes the authority of the code enforcement office, and identifies enforcement
responsibilities, procedures and actions. Enforcement of the provisions of this title shall be diligently pursued in
order to provide for their effective administration, to ensure compliance with the terms and conditions of permit
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and license approvals, to promote the city's planning efforts, and to protect the public health, safety and general
welfare.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.30.020 Authority of the code enforcement office established.
The code enforcement office is hereby established as a separate department or division under the
directorship of the planning department, with primary responsibility being enforcement of the zoning ordinance.
The code enforcement office supports the planning department, city manager, city attorney, public works
department, building inspection department, finance department and police department.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.30.030 Permits, licenses, certificates and approvals.
A. The planning director and/or planning commission may refuse to receive, file, process, review, make
recommendations on, hold hearings on, issue permits for, or otherwise take action on any application under
this title if the site, structure and/or use involved in the application is in violation of or will result in a
violation of this title or municipal code. Any permit, zoning change, license or other action issued in conflict
with the provisions of this title shall be null and void.
B. All departments, official and public employees of the city of San Rafael vested with the duty or authority to
issue permits or licenses shall conform to the provisions of this title; and any such permit or license issued in
conflict with the provisions of this title shall be null and void.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.30.040 Violations.
No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to
this title or with any other ordinance relating to land use development. This section shall apply to any person,
whether or not the person was the original applicant for the permit or approval, and whether or not the person is
the owner, lessee, licensee, agent or employee, if the person has notice of the terms and conditions of the permit
or approval.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1774 § 2, 2001; Ord. 1625 § 1 (part), 1992).
14.30.050 Each day a separate violation.
Each day during any portion of which a person violates the provisions of this title or the terms and conditions
of any permit or approval shall constitute a separate violation.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.30.060 Enforcement actions.
In addition to any other remedy provided for by law, the following types of enforcement action may be taken
with respect to any violation of this title or the terms and conditions of any permit or approval:
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A. The code enforcement officer, planning director or the planning director's designated appointee(s) may
institute proceedings, as provided for in Section 14.30.070, Revocation of discretionary permits, of this
chapter, to revoke any permit or approval;
B. The code enforcement officer may issue a citation with fees, as provided for in Municipal Code Section
1.42.010;
C. The code enforcement officer, planning director, director of public works, city attorney or any other
city official designated by the city manager may institute nuisance abatement proceedings, as provided
for in Municipal Code Chapters 1.16 and 1.20;
D. The city attorney may prosecute as a misdemeanor municipal code violations, in accordance with
Municipal Code Section 1.42.010.
(Ord. 1838 § 56, 2005: Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
14.30.070 Revocation of discretionary permits.
A. Duties of Planning Commission. Upon determination by the planning director, planning commission or city
council that there are reasonable grounds for revocation or modification of a use permit, variance, design
review or other discretionary approval authorized by this title, a revocation hearing shall be scheduled
before the planning commission.
B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider
permit approval.
C. Hearing. The planning commission shall hear and consider all relevant evidence, objections and protests, and
shall receive written and/or oral testimony from owners, witnesses, city personnel and interested persons
relative to such case and to proposed modifications, rehabilitation, repair, demolition or other abatement
appropriate under the legal powers of the city.
D. Decision and Notice. At the conclusion of the hearing, the planning commission shall render a decision, and
ensure that the owner or the owner's authorized representative is notified of the decision and of the appeal
process. If the owner or the owner's authorized representative is not present at the meeting, the planning
commission shall send notice of the decision by certified mail to the owner of the use or structure for which
the permit was reviewed. Said notice shall also include notice of the right to appeal the planning
commission's decision to the city council.
E. Effective Date—Appeals. If the owner or the owner's authorized representative is present at the revocation
hearing, a decision to revoke a discretionary permit shall become final five (5) working days after the date of
the decision, unless appealed to the city council. In the event that the owner or the owner's authorized
representative is not present at the revocation hearing, a decision to revoke a discretionary permit shall
become final five (5) working days after notice of the decision is received by the applicant through certified
mail, unless appealed to the city council. Decisions made by the city council on revocation hearings shall be
final.
F. Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be
cumulative to any other remedy allowed by law.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).
Exhibit C: Changes to Title 15
15.07.020 - Lot design standards.
(d) Environmental and Design Review Permit requirement. Any lot in a major or minor subdivision
created for the purpose of development, where the percent of slope is over twenty-five percent
(25%) shall require a major environmental and design review permit, processed consistent with
the provisions of Title 14 19 (Zoning) of the municipal code. This permit application shall be
reviewed by the design review board and approved by the planning commission to assure that
such lots and the subdivision design comply with the following general plan criteria as
implemented through the hillside resource residential design guidelines manual:
(1) Subdivision grading minimized;
(2) Avoids highly visible hillsides and ridgeline development;
(3) Preserves hillsides as visual backdrop;
(4) Steep slopes avoided;
(5) Clustering of development to be utilized to minimize visual impacts;
(6) Tree preservation maximized;
(7) Minimizes removal of natural vegetation;
(8) More hazardous/unstable portions of site avoided;
(9) Mitigates geotechnical site constraints or conditions when needed;
(10) Buildings achieve hillside design quality; and
(11) Preserves or protects unique or special natural features of the site, such as rock
outcroppings, mature vegetation, landforms, creeks, drainage courses, hilltops or
ridgelines.
(e) The following reports and maps shall be prepared prior to tentative map approval in order to
insure that the subdivision design is consistent with the San Rafael general plan:
(1) A geotechnical investigation prepared consistent with the geotechnical review matrix
shall be conducted.
(2) A drainage report prepared in accordance with the requirements outlined in the hillside
resource residential design guidelines manual.
(3) A biological survey, which classifies portions of the site by their degree of risk of plant
communities from wildland fires and establishes guidelines for development in riparian
and watershed areas.
(4) An arborist/forester's report consistent with the requirements outlined in the hillside
resource residential design guidelines manual shall be prepared which establishes
guidelines for the preservation of significant trees.
(5) A grading and erosion control plan consistent with the requirements outlined in the
hillside resource residential design guidelines manual shall be prepared.
Exhibit C: Changes to Title 15
(6) A building envelope shall be established for each lot consistent with the hillside
resource residential design guidelines manual.
15.07.030 - Street, driveway and parking standards.
(a) Narrower street widths (acceptable to the city engineer and other city departments) can be
approved when it will reduce grading impacts and the number of lots, topography, and the level
of future traffic development justifies the reduction. Twenty-five feet (25') is the minimum width
requirement for a public street.
(b) Each lot shall have a private driveway, the grade of which shall not exceed eighteen percent
(18%), with adequate provision for ingress and egress. With a supportive recommendation from
the design review board and city departments, an exception may be granted to allow grooved
driveways with a grade of eighteen to twenty-five percent (18-25%), when it will result in a project
which has fewer impacts on grading, trees and views.
(c) Each lot created on substandard city streets and all private streets shall provide a minimum of
two (2) off-street, independently accessible guest parking places for each dwelling unit intended
to be developed on the lot. These parking spaces shall not be located on the driveway apron.
These spaces shall be conveniently placed relative to the dwelling unit they serve. This
requirement may be waived or reduced when the size or shape of the lot or the need for excessive
grading make the requirement infeasible. Subsection (c) shall not apply to SB 9 Housing
Developments (regulated by Section 14.15.282) or urban lot splits (regulated by Chapter 15.155—
Urban Lot Splits).
(d) No private street leading to a private driveway on a lot shall exceed a grade of eighteen percent
(18%).
15.06.110 - Grading and drainage.
(a) Grading. Grading required for a subdivision shall meet the following standards:
(1) Grading shall be designed to create a natural appearance to the extent possible.
Graded slopes shall be designed to transition to adjacent properties so as to limit abrupt
changes in topography.
(2) Graded slopes shall not exceed two to one (2:1), unless the city engineer determines
that a steeper slope is justified to minimize the amount of grading or to reduce potential
tree removal and, where it is determined that the soil and geologic conditions are suitable
for and capable of accommodating a steeper slope.
(3) The finished lot grading shall provide a building site and usable yard area that is
compatible with the surrounding pattern of development.
(4) Retaining walls and/or stepped foundations shall be encouraged in areas to reduce
grading and tree removal. Retaining walls shall not exceed eight feet (8') in height, unless
approved by the city design review board. the Planning Commission.