HomeMy WebLinkAboutOrdinance 1923 (Animal Permits)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, 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. 1923
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING MUNICIPAL
CODE TITLE 14 (ZONING) TO IMPROVE INTERPRETATIONS, AMEND
DISCRETIONARY REVIEW REQUIREMENTS, IMPLEMENT NEW STATE
LAWS AND GENERAL PLAN POLICIES AND TITLE 6 (ANIMALS) TO
REVISE ANIMAL PERMIT REQUIREMENTS, AND AS OTHERWISE
RECOMMENDED BY THE CITY COUNCIL (ZC10-001)
is a true and correct copy of an Ordinance of said City, and was introduced ata REGULAR
meeting of the City Council of the City of San Rafael, held on the 2nd day of June, 2014; a
SUMMARY of Ordinance No. 1923 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 16th day of June, 2014, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Connolly
WITNESS my hand and the official
Seal of the City of San Rafael this
19th day of June 2014
<t
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1923
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING MUNICIPAL
CODE TITLE 14 (ZONING) TO IMPROVE INTERPRETATIONS, AMEND
DISCRETIONARY REVIEW REQUIREMENTS, IMPLEMENT NEW STATE LAWS AND
GENERAL PLAN POLICIES AND TITLE 6 (ANIMALS) TO REVISE ANIMAL PERMIT
REQUIREMENTS, AND AS OTHERWISE RECOMMENDED BY THE CITY COUNCIL
(ZC 10-001)
WHEREAS, on the 21st day of June 2010, by Ordinance No. 1882, the City
Council adopted a collective group of amendments to Title 14 — Zoning as a general
`clean-up' of the provisions and to respond to changes in State Law, citywide budget cuts
resulting in reductions in Community Development Department staff, and in order to
streamline and modify certain types of discretionary permit review, broaden
interpretations and promote re -tenancy of commercial vacancies; and
WHEREAS, a second phase of amendments were planned and initiated to further
update the zoning provisions and discretionary review requirements; and
WHEREAS, the amendments to the San Rafael Municipal Code, Title 6 and Title
14 proposed as part of this second phase of amendments would i) implement policies
contained in the General Plan, ii) respond to requirements of State Law, iii) downgrade
existing levels of discretionary review, iv) add standards to codify existing zoning
interpretations, and v) codify standards found in other provisions, policies, and guidelines
of the City; and
WHEREAS, on February 25, 2014 and March 11, 2014 the Planning
Commission held a duly -noticed public hearing and considered the proposed amendments
to the San Rafael Municipal Code, Title 14 and Title 6, accepting all public testimony
and the written report of the Department of Community Development, and on April 15,
2014 recommended to the City Council approval of amendments with further revisions,
as presented and discussed at the meeting; and
WHEREAS, on June 2, 2014 the City Council held a duly -noticed public hearing
and considered the proposed amendments to the San Rafael Municipal Code, Title 14 and
Title 6, accepting all public testimony and the written report of the Department of
Community Development; and
WHEREAS, the amendments to the San Rafael Municipal Code, Title 6 and Title
14 do not propose any changes to City policies or regulations resulting in an increase in
potential development intensity that would result in a direct or indirect physical,
environmental impact. therefore it has been determined that this ordinance amendment is
covered by the general rule that the California Environmental Quality Act (CEQA)
applies only to projects which have the potential for causing a significant effect on the
em ironment pursuant to CEQA Guidelines Section 15061(b)(3), and is not subject to
environmental review; and
WHEREAS, the City Council makes the following findings pursuant to Zoning
Code Section 14.27.060 for adoption of the amendments to the San Rafael Municipal
Code Title 6, Animals and Title 14, Zoning as outlined in the attachment "Exhibit A":
1. The amendments to San Rafael Municipal Code are consistent with the
policies and programs of the San Rafael General Plan 2020 in that:
a. As proposed, the amendments would update provisions consistent with the
San Rafael General Plan 2020 Sustainability and Conservation Elements
and State and Federal Laws regarding local regulation of cottage foods
industry, telecommunications and emergency shelters, and in accord with
existing City policies, provisions and design guidelines including the
hillside design guidelines manual and checklist. This action would be
consistent with General Plan Program LU -23a (Zoning Ordinance
Amendments), which encourages periodic updates to the Zoning
Ordinance in order to maintain a current and internally consistent code.
b. As proposed, the amendments would meet the requirements of state law,
specifically Section 65589.5 of the state Government Code by providing
emergency shelter, transitional housing, and supportive housing in
compliance with the Housing Accountability Act, and Section 15401.9 of
the Public Resources Code by establishing water conservation
requirements for water -efficient landscape design. Further, amendments
to the wireless communications facilities provisions would streamline the
review process consistent with the requirements of the Federal
Telecommunications Act of 1996. These actions would be consistent with
General Plan Policy LU -23 (Land Use Map and Categories) and Program
LU -23a (Zoning Ordinance Amendments), which directs that the Zoning
Ordinance be updated periodically, and as needed, to address changes in
state law.
c. As proposed, the amendments to the zoning ordinance Title 14 definitions,
land use tables and development standards, overlay district standards,
regulations applying in several districts, and administrative regulations,
and the minor amendments to Title 6 Animals would be consistent with all
pertinent and applicable General Plan 2020 policies, including the
following:
Amendments to update transitional and supportive housing needs
and implement emergency shelter provisions are consistent with
Policy H-13 (Special Needs), H-16 (Residential Care Facilities and
Emergency Shelters), Program H -16c (Residential Care Facilities),
and H -16d (Emergency Shelters) which directs that the zoning
ordinance be updated to provide for and address local housing
needs, including emergency shelter housing.
ii. Amendments to update the wetland overlay district appropriately
implements General Plan Policy CON -3 (Wetland Protection and
Mitigation) by establishing updated wetland fill and replacement
requirements, including amount, timing and project mitigation
requirements.
iii. Amendments to provide solar, wind energy and revised alternative
fuel vehicle and parking lot landscaping requirements, updated
home occupation provisions allowing for cottage food industry,
updated animal keeping regulations specifically pertaining to bee
keeping, and provisions to allow for a -waste recycling events
implements Policies SU -3 (Alternative Fuel and Fuel Efficient
Vehicles), SU -4 (Renewable Energy), SU -5 (Reduce Use of Non -
Renewable Resources), SU -6 (New and Existing Trees), SU -7
(Local Food Production), and SU -9 (Zero Waste).
iv. Amendments to parking lot design standards would promote Policy
AW -8 (Reduce Pollution from Urban Runoff), encouraging and
supporting landscape design solutions to reduce runoff pollutants.
V. Amendments to the code provisions including but not limited to
the zoning definitions, land use tables and development standards,
site and use regulations, performance standards and administrative
regulations are consistent with General Plan Program LU -23a
(Zoning Ordinance Amendments), which encourages periodic
updates to the Zoning Ordinance in order to maintain a current and
internally consistent code and in response to state laws.
2. The public health, safety and general welfare are served by adoption of the
proposed Zoning Ordinance amendments, in that they would: a) correct errors
and inconsistencies and delete obsolete code provisions; b) incorporate new
code provisions to address State regulations; c) implement policies and
programs in the San Rafael General Plan 2020 that encourage periodic update
to the Zoning Ordinance, ensure consistency with the General Plan; d)
promote existing and new businesses by simplifying the planning review
process; and e) simplify certain activities subject to an Environmental and
Design Review Permit without compromising neighborhood character or
public review.
3. Furthermore, the City Council has determined that the proposed amendments
as further revised by the City Council would not have impacts greater than
those that would result from the amendment in its original form.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
3
DIVISION 1. Findings.
The City Council of the City of San Rafael hereby determines and finds that all of the
facts and statements contained in the recitals herein and findings of the Planning
Commission Resolution 14-04 recommending to the Council adoption of this ordinance,
are true and correct.
DIVISION 2. Anmroval.
The City Council of the City of San Rafael hereby adopts the ordinance approving the
amendments to San Rafael Municipal Code Title 6 and Title 14 as presented in Exhibit
"A" attached hereto and incorporated herein by reference.
DIVISION 3. Publication.
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to
the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the
adoption, together with the names of those Councilmembers voting for or against same,
in the Marin Independent Journal, a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office
of the City Clerk, a certified copy of the full text of this Ordinance along with the names
of those Councilmembers voting for or against the Ordinance.
4ARY 3. PHILLIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1923 was read and introduced at a regular meeting
of the City Council of the City of San Rafael on Monday, the 2nd day of June, 2014, and
was ordered passed to print by the following vote, to wit:
4
AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
Meeting of the Council to be held on the 16th day of June, 2014.
rzsf e •,eek.. .
ESTHER C. BEIRNE, City Clerk
EXHIBIT A
TITLE 6 — ANIMALS
Replace Chapter 6.04 containing revised text as follows:
CHAPTER 6.04 — POULTRY, FOWL AND DOMESTIC ANIMALS*
Sections:
6.04.010
Permit required.
6.04.050
Premises to be open to inspection.
6.04.060
Sanitary regulations.
6.04.070
Revocation of permit.
6.04.080
Unlawful to sell fowl or rabbits as pets or novelties.
6.04.100
Trespassing animals.
* Running at large — See San Rafael Charter, Art. III, § 31.
6.04.010 Permit required.
It is unlawful for any person to keep, harbor, or maintain any poultry, chickens, turkeys, ducks, geese,
rabbits, hares, cows, goats, sheep or other domesticated animals except cats and dogs, or to cause, permit or
allow the same to be kept or maintained in any premises within the city without first having obtained any
required permits and approvals from the city. (Ord. 169).
6.04.050 Premises to be open to inspection.
All places and premises where any of the fowl, poultry or animals are kept shall be open at all
reasonable times to the inspection of the city health officer, or city official designated by the city manager
to enforce applicable animal keeping regulations. (Ord. 169).
6.04.060 Sanitary regulations.
Any person keeping animals within the city, consistent with provisions established for animal keeping,
shall make all reasonable and lawful sanitary provisions for the keeping of the poultry, fowl or other
animals. (Ord. 169).
6.04.070 Revocation of permit.
All permits issued by the city for animal keeping shall be revocable whenever, in the opinion of the
public health officer or designee of the city manager responsible for enforcement of animal keeping
regulations, the sanitation, safety and welfare shall require. (Ord. 169).
6.04.080 Unlawful to sell fowl or rabbits as pets or novelties.
It is unlawful for any person to display, sell, offer for sale, barter or give away any baby chicks, rabbits,
ducklings or other fowl as pets or novelties, whether or not dyed, colored or otherwise artificially treated.
This section shall not be construed to prohibit the display or sale of natural chicks, rabbits, ducklings or
other fowl in proper facilities by dealers, hatcheries or stores engaged in the business of selling the same to
be raised for food purposes. (Ord. 475).
6.04.100 Trespassing animals.
Any animal found trespassing on any private enclosure in the city may be taken up by any person at
interest and delivered to the poundkeeper.
Every person taking up any animal under the provisions of this section shall immediately thereafter give
notice thereof to the poundkeeper, and every such person and any person in whose custody such animal
may, in the meantime, be placed, shall deliver such animal to the poundkeeper without fee or charge. (Ord.
475).
Ord. 1923
TITLE 14 — ZONING
CHAPTER 14.03 - DEFINITIONS
Delete the existing definitions in Section 14.03.030 for "Duplex" and "Height".
Add the following new definitions in Section 14.03.030:
"Emergency shelters" means housing as defined under the State Health and Safety Code Section
50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six
months or less by a homeless person. No individual or household may be denied emergency shelter because
of inability to pay.
"Food service establishment" means a business serving food and/or beverages such as a restaurant,
cafe, coffee shop, cocktail lounge or brew pub. Food service establishment is distinguishable from a "food
service establishment, high volume" and "fast food restaurant" by volume, food type and/or service.
"Height, 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.
Hillside Height Measurement
r—�
111. 1�
Excavated grade
Existing grade
"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 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).
Ord. 1923 A -z
2. An elevation 10 feet higher than the lowest grade when the highest adjoining sidewalk or ground
surface described in Item 1 above is more than 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.
Figure 1
Determination of reference datum
— — —_•� Elevation
iI lines
Exterior walligh
of building point
Low
point` — — — — — — — --1
Figure 2
Building height by Building Code provisions
,I
Height
ofBullding
5'-0- �
�< YI
5'-0" i
<10._0.
Figure 2A
.71
Height t L !
of
Building
5'-
Datum
5'-0" v `�
101-0"
—Figure 2B
101-o"
Ord. 1923 A"3
Figure 3
Building height for various roof types
UBC
__Y. s _ ..
Gable
UBC
l�
.Y
Mansard
I E
UBC
Hip
UBC
Y
Gambrel
"Residential, duplex" means one structure on a single lot containing two (2) dwelling units, each of
which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household
for "transitional housing" and "supportive housing" as defined under the State Health and Safety Code.
"Residential, multifamily" means medium and high density residential development, including a
"transitional housing development" 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
or more structures located on a single parcel or common lot.
"Residential, single-family" means low density residential development containing one (1) primary
residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a
single-family dwelling and/or second dwelling unit as a household for "transitional housing" or "supportive
housing" as defined under the State Health and Safety Code.
Single -room occupancy development. See "Boarding house."
"Small wind energy system" means a wind energy conversion system consisting of a freestanding or
roof mounted wind turbine and associated control or conversion electronics which is intended to produce
energy for use primarily on site.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target
population (i.e., adults with low-income having one or more disabilities including mental illness, HN or
AIDS, substance abuse or other chronic health conditions, or individuals 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 housing, improving his or her health status, and maximizing his or her ability to
live and, when possible, work in the community.
"Transitional housing" and "transitional housing development" means buildings configured as rental
housing developments, but operated under program requirements that call for the termination of assistance
Ord. 1923 A-4
and recirculation of the assisted units to another eligible program recipient at some predetermined future
point in time, which shall be no less than six (6) months.
"Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical
energy, which it then converts into electricity.
Replace the existing definitions in Section 14.03.030 with the following new definitions:
"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 building permit.
"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."
"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) roan -made open ditches
or channels (typically with low habitat value) which drain developed properties. Drainageway is
distinguishable from a "creek."
"Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section
14.16.225).
"Lot coverage" means that portion of the lot covered by buildings, including stairways; covered
walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches
(30") in height; and detached recreational and storage structures that are greater than one hundred (120)
square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and
paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and
uncovered parking and driveway areas, detached garden 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.
Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental
health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical
office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services
by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists,
respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts
for humans licensed for such practice by the State of California. Medical office uses typically require use of
specialized medical equipment and medical training to evaluate, diagnose and administer treatments,
medication or therapies which require a prescription (including administering 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."
Ord. 1923 A_5
"Structure" means anything constructed or erected that requires a foundation or a structural support on
the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the
height does not exceed six feet (6'); retaining walls 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.
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. 1923 A_6
CHAPTER 14.04 — RESIDENTIAL DISTRICTS (R, DR, MR, HR)
Replace existing Section 14.04.020 Land Use Regulations and Table 14.04.020 with the following:
14.04.020 Land use regulations (R, DR, MR, IIR, PD).
P: Permitted by right; C: Conditional
use permit; A:
Administrative
use permit; Blank: Not allowed.
Table 14.04.020
Type of Land Use
R
DR
MR
HR
PD
Additional Use Regulations
Residential Uses
Single-family residential
P
P
P
P
C
Duplex residential
P
P
P
C
Multifamily residential
P
P
C
Animal keeping
A
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
C
C
C
C
C
nonsenior housing
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
Second dwelling units (800 square
P
P
P
P
P
See standards, Chapter 14.16
feet in size or less)
Second dwelling units (greater
C
C
C
C
C
See standards, Chapter 14.16
than 800 square feet in size or in a
separate building not meeting
required setback or height
requirements)
Visitor Accommodations
Bed and breakfast inns
C*
C
C
C
*On nonhillside lots, 20,000
square feet or larger.
Hotels and motels
C
C
Day Care
Day care facility, child or adult
Family day care home
Small (0 -8 children or adults)
P
P
P
P
P
Large (9-14 children)
CZ
CZ
CZ
CZ
CZ
See standards, Chapter 14.17
Ord. 1923 A-7
Type of Land Use
Large (9----14 adults)
Day care center (15 or more
children or adults)
Public and Quasi -Public Uses
Clubs and lodges, including youth
groups
Open space
Public parks, playgrounds and
recreation facilities
Religious institutions
Schools
Public
Parochial, private
Use of closed school sites
Offices and Related Uses
Medical services (medical, dental
and health-related services with
sale of articles clearly incidental to
the services provided)
Hospitals
Major medical facilities,
including extended care
facilities (treatment and
convalescent) and children's
treatment facilities
Commercial Uses
Plant nurseries and garden supply
Transportation Facilities
Parking lot, public or private
R DR MR HR PD Additional Use Regulations
C C C C C
C* C C C C* *Prohibited in R2a, Rla and PD
districts, and R20 hillside
residential lots.
P*
P
C
C
C
P
P
P
P
P
P
P
P
P
P
C*
C
C
C
C*
P*
P
P
P
C*
C*
C
C
C
C*
C*
C
C
C
C*
C
C
C C C C
C C C
*Prohibited in R2a, RI a and PD -
hillside districts, and R20 hillside
residential lots.
*Prohibited in R2a, RI and PD -
hillside districts, and R20 hillside
residential lots.
*Prohibited in R2a, Rla and PD -
hillside districts, and R20 hillside
residential lots.
May include: child care
programs; educational,
recreational, cultural and
religious classes, programs, and
activities; administrative offices
incidental to educational service
uses; churches; counseling
groups and those private business
uses which would be permitted
as home occupations. *Prohibited
in R2a, Rla, and PD -hillside
districts, and R20 hillside
residential lots.
See regulations, Chapter 14.18
Ord. 1923 A -g
Type of Land Use R DR NIR FIR PD Additional Use Regulations
Accessory Structures and Uses
Accessory structures and uses P P P P P See regulations, Chapter 14.16
customarily incidental to a
permitted use and contained on the
same site
(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, 6-21-10)
Ord. 1923
A-9
CHAPTER 14.05 — COMMERCIAL AND OFFICE DISTRICTS
Replace existing Section 14.05.020 and Table 14.05.020 with the following:
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 pen -nit review by the planning commission. Master use permits shall be
required for multi -tenant shopping center developments, specifying the types of uses which may go into the
center, approving an initial roster of tenants, and identifying procedures for subsequent review and approval
of future tenants when changes in occupancy occur.
2. Prerequisites for initiating the use pennit 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
detennination may be made to the planning commission. The planning commission shall determine whether
the proposed use is consistent with the specified review criteria for the Francisco Boulevard West
connnercial district.
3. Review criteria for evaluating proposed uses in new development and redevelopment projects
in the Francisco Boulevard West commercial district are listed below. In order to initiate the use permit
process as indicated in either subsection (A)(2)(a) or (A)(2)(b) of this section, the proposed project must
meet one or more of the following criteria:
a. Generates high tax revenue;
b. Constitutes a large-scale business;
c. Constitutes a multi -tenant center with shops which provide related services or types of
goods; and/or
d. Has a regional market base.
P: Permitted by right; C: Conditional use pen -nit; 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,
See Chapter 10.24
excluding exterior kennels, pens
or runs
Animal care facilities
CZ CZ
CZ
Animal retail sales
P P
P
Boat sales
CZ
CZ
Building materials and supplies
Brick, gravel, rock, concrete,
P*
P*
C
*See Outdoor storage.
lumber and tile sales
Electrical supply stores
P*
P*
C
Equipment rental business
P*
P*
C
Ord. 1923 A-10
Type of Land Use
GC
NC
Glass and window stores
P*
P
Hardware stores
P*
P*
Paint stores
P*
C
Plumbing stores (and ancillary
P*
P*
service)
P*
Business sales and service
C
Blueprint and photocopy shops
P
C
Computer services
P
P
Locksnuth shop
P
P
Office furniture sales and
P
P
rentals
P
Office supply and business
P
P
machine shops
P
P
Printing shops
P
P
Card rooms
CZ
Coffee roasters
CZ
Food and beverage service
CZ
establishments
Brew pubs
CZ
CZ
Catering establislunents
P
CZ
Cocktail lounges
C
C
Fast food restaurants
C
C
Food service establishment,
C
high volume
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
P
P
size
(2) More than 1,000 sq. ft.
P
CZ
in size
Food service establishment
CZ
with a cocktail lounge, live
entertainment, and/or dancing
Live entertainment/dancing
C
(without food service)
O
C/O
R/O
FBWC* Additional Use
CZ
P
CZ
Regulations
P*
CZ
C
P*
P*
C
P*
C
P*
C
P
P
P
P
P
P
P
P
P
P
P
P
C
P
P
P
C
P
P
CZ
See Chapter 10.36
CZ
CZ
CZ
P
C
C
C
P
P
P
C
CZ
P
CZ
CZ
CZ
CZ
CZ
C
C
Ord. 1923 A-11
Type of Land Use
GC
NC
O
C/O
R/O
FBWC*
Additional Use
Regulations
Outdoor eating areas
A*
A*
A*
A*
A*
A*
For outdoor eating
areas on private
property see Section
14.17.110 standards.
For outdoor seating
areas located on city
sidewalks or rights-of-
way, see Section
14.16.277 standards.
Food and beverage stores
Bakeries, retail (and ancillary
P
P
P
P
P
C
food service)
Candy stores and
P
P
P
confectioneries
Convenience markets
CZ
CZ
CZ
CZ
Grocery stores and
P*
P*
P*
C
C
*Operating between
supennarkets
11 p.m. and 6 a.m.
requires a use permit
(CZ) to review
lighting, noise, and
compatibility with
surrounding
residential uses.
Liquor stores
(1) Less than 200 ft. from
CZ
CZ
CZ
CZ
CZ
residential district
(2) 200 ft. or more from
P
P
P
C
C
residential district
Fortunetelling
A
A
See Chapter 14.17
standards. *Rear
ground level or 2nd
floor or above.
Funeral interment services
CZ
CZ
(including mortuaries, but
excluding crematories)
Kiosks
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
C
C
C
C
C
C
See Section 14.16.160
mini -markets, and minor
regulations. For
repair, such as tune-ups,
repair, see Chapter
brakes, batteries, tires, and
14.17 standards.
mufflers)
Ord. 1923
A-12
Type of Land Use GC NC O
Rentals CZ CZ
Repairs, major (engine work, CZ
painting, and body work)
Repairs minor (tune-ups CZ CZ
brakes, batteries, tires,
CZ
mufflers and upholstery)
C
Sales, new or used vehicles
C
(1) Five or fewer vehicles
CZ
displayed or stored on-site
CZ
(2) More than five vehicles
C
displayed or stored on-site
Sales, parts and supplies
P
Sales, tires and ancillary
CZ
service
P
Music rehearsal.irecording studios
CZ
Outdoor storage, including
CZ
temporary or permanent storage
P
containers
P
Personal service establishments
P
Artistic and photographic
P
studios, without sale of
equipment or supplies
Barber shops./beauty salons
P
Dry cleaning establishments,
P
with no on-site processing
CZ
Dry cleaning establishments,
CZ
with on-site processing
Laundromats (self service)
P
Massage and/or bodywork
P
offices or establishments
C
Nail salons
P
Seamstress."tailor
P
Shoe repair
P
Recreational facilities (indoors)
C
Bowling alleys
C
Game arcades
C
Fitness. recreation facility
CZ
Poolhalls/billiards
C
Theaters
C
Retail
Antique stores
P
Apparel stores
P
Appliance stores (and ancillary
P
repair)
Art, craft, music and
P
photographic supply stores
CZ CZ
C/O R/O FBWC*
CZ
CZ CZ C
CZ
CZ
C
C
P
C
CZ
CZ
CZ
CZ
CZ
C
P P
P
P
P
P C
P
P
P
P
CZ
CZ
CZ
CZ
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
C
C
C
CZ
CZ
CZ
CZ
C
C
C
C
C
P
C
P
C
P
C
P
P
C
Additional Use
Regulations
See Chapter 14.17
standards.
See Chapter 14.17
standards.
See Chapter 8.34
See Chapter 10.32
See Chapter 14.17
standards.
Ord. 1923 A-13
Type of Land Use
Auctions
Bicycle shops
Book, gift, stationery stores
Department stores
Discount stores
Drug stores and pharmacies
GC NC O
P
P
P
P
P
P
P
P
CZ
P*
P*
Electronics sales (televisions, P
radios, computers, etc.)
Florist shops P
Furniture stores and upholstery P
shops (and ancillary repair)
Gun shops C
Jewelry stores
P
Plant nurseries and garden
P*
supply
P
Secondhand stores and
CZ
pawnshops
Shoe stores
P
Shopping centers
C
Sporting goods stores
P
Stamp and coin shops
P
Swimming pool supplies
P
C/O R/O FBWC* Additional Use
Regulations
P See Chapter 10.16
P
P
P
P
P*
C
P*
C
P
P*
CZ
P
C
P
P
P
C
C
C
C
C
C
C
C
C
C
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.
See Chapter 14.17
standards.
*See Outdoor storage.
See Chapter 10.20
Ord. 1923 A-14
P
P P
P P
P
P*
C
P
P*
CZ
P
C
P
P
P
C
C
C
C
C
C
C
C
C
C
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.
See Chapter 14.17
standards.
*See Outdoor storage.
See Chapter 10.20
Ord. 1923 A-14
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Tobacco retailer, significant C C C Shall not be located
within 1,000 feet from
schools (public and
private elementary,
junior high, and high
schools), public parks,
public libraries,
arcades, youth/teen
centers,
community/recreation
centers, licensed day
care centers for
children, shopping
malls, and houses of
worship with
organized youth
programs, as
measured from the
property lines of each
parcel.
Toy stores P
Variety stores P
Video sales and rentals P
Offices and Related Uses
Financial services and institutions P
Medical services (medical, dental
and health-related services, with
sale of articles clearly incidental
to the services provided)
Clinics C
Hospitals
Major medical facilities,
including extended care
facilities (treatment and
convalescent) and children's
treatment facilities
Laboratories
Medical offices
P P C
P C
P P
P P P P P
C C C** C
C
C C
CZ CZ CZ CZ** CZ
CZ CZ P P* P
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
*4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Ord. 1923 A-15
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Offices, general CZ P* P P** P *Rear ground level or
2nd floor or above.
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.
Public and Quasi -Public Uses
P
Clubs and lodges, including youth
C
groups
C
Public facilities
C*
Administrative offices
C
Day services center
C C
Job center
C
Libraries, museums and other
C C
cultural facilities
*
Public and utility facilities
(corporation, maintenance or
storage yards, utility
C
distribution facilities, etc.)
A
Public facilities, other (police,
C C
fire, paramedic, post office,
etc.)
Public parks, playgrounds, and
P P
recreation facilities
Religious institutions
C C
Schools
Parochial, private
C
Public
P P
Specialized education and
CZ
training
Residential Uses
Single-family residential
Duplex residential
Multifamily residential
A C
Animal keeping
Caretaker's residence
Emergency shelters for the
homeless
Permanent
C C
P P* P
C C C
C C C
C
C C C C
P
P
P
C
C
C
C
C*
C
P
P
P
CZ
CZ
CZ
*
*
C
C
P
A
P
A
CZ CZ CZ CZ CZ CZ
CZ CZ CZ CZ CZ C
P/C
C C
*Rear ground level or
2nd floor or above.
*Rear ground level or
2nd floor or above.
*See Chapter 14.17
standards.
Only in a mixed-use
development. See
Chapter 14.17
standards.
See Chapter 14.17
standards.
See Section
14.16.115.
Ord. 1923 A-16
Type of Land Use GC NC O
Temporary or rotating C C C
Home occupations P P P
Live/work quarters A A A
Mobile home park
R/O
Residential care facilities for the
Additional Use
handicapped
P P
Small (0--- 6 residents)
P
Large (7 or more residents)
P
Residential care facilities, other
C C
Small (0 6 residents)
P
Large (7 or more residents)
C
Rooming or boarding houses
A
Day Care
regulations.
Day care facility, child or adult
A
Family day care
See Chapter 14.17
C/O
R/O
FBWC*
Additional Use
P
P P
P P
Regulations
C
C
C
C C
P
P
P
See Chapter 14.16
Transit stations or transitways
C
Temporary Uses
regulations.
A
A
A
See Chapter 14.17
Accessory structures and uses
P
customarily incidental to a
standards.
permitted use and contained on
C
P P
P
P P
P P
P
P P
P P
P
P P
C C
C
C C
C A
A
A A
Small (0 8 children or P
adults)
Large (9- -14 children) CZ
Large (9 -14 adults) CZ
Day care center (15 or more CZ CZ
children or adults)
Visitor Accommodations
Hotels, motels, or bed and
C
breakfast inns
Transportation Facilities
CZ
Bus stations
C
"Park and ride" facilities
CZ
Parking facilities, commercial or
CZ
municipal
C
Taxi stations
C
Transit stations or transitways
C
Temporary Uses
P
Temporary uses
A
Accessory Structures and Uses
Accessory structures and uses
P
customarily incidental to a
permitted use and contained on
the same site.
* See Section 14.05.020(A).
See Chapter 14.17
standards.
See Chapter 14.17
standards.
See Chapter 10.60
See Chapter 14.17
standards.
See Chapter 14.16
regulations.
Ord. 1923 A-17
P
P
CZ
CZ
CZ
CZ
CZ
CZ
CZ
CZ C
C
C C
See Chapter 14.17
standards.
See Chapter 14.17
standards.
See Chapter 10.60
See Chapter 14.17
standards.
See Chapter 14.16
regulations.
Ord. 1923 A-17
C
C
CZ
CZ C
CZ
CZ
CZ C
C
C
C
C
A A
A
CZ A
P P
P
P P
See Chapter 14.17
standards.
See Chapter 14.17
standards.
See Chapter 10.60
See Chapter 14.17
standards.
See Chapter 14.16
regulations.
Ord. 1923 A-17
(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, 6-21-10)
Replace existing Sectio: 14.05.022 and Table 14.05.022 with the following:
14.05.022 Land use regulations (4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, MTV, 5/M R/O).
P: Permitted by right; C: Conditional pen-nit/planning commission; CZ: Conditional use permit/zoning
administrator; A: Administrative use pen -nit; Blank: Not allowed.
Table 14.05.022
Type of Land Use 4SRC 1-10 CSMU 2/3 MUE 2/3 MUW WEV 5/M R/O
Commercial Uses
Animal sales and service,
excluding exterior kennels,
pens or runs (1)
Animal care facilities
CZ
CZ
CZ
CZ
CZ
CZ
Animal retail sales
P
P(27)
P
CZ
P
Building materials and
supplies
Equipment rental
P(3)
P
P
businesses (2)
Hardware stores (2)
P
P
P
P
P
P
Paint stores (2)
P
P
P
P
P
Business sales and service
Blueprint and photocopy
P
P
P
P
P
P
P(4)
shops
Computer services
P
P
P
P
P
P
P(4)
Locksmith shop
P
P
P
P
P
P
P(4)
Office furniture sales and
P
P
P
P
P
P
P(4)
rentals
Office supply and business
P
P
P
P
P
P
P(4)
machine shops
Printing shops
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Card rooms (5)
C
Coffee roasters
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Food and beverage service
establishments
Brew pubs
CZ
CZ
CZ
CZ
CZ
CZ
Catering establishments
CZ
CZ
CZ
P
P
CZ
P(4)
Cocktail lounges (without
C
C
C
C
C
C
C(4)
food service)
Fast food restaurants
C
C
C
C
C
C
Food service
C
C
C
C
C
C
establishment, high
volume
Ord. 1923
A-18
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
51MR/0
Food service establishment
(with or without incidental
serving of beer or wine or
ancillary bar), but without
a cocktail lounge, live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less in
P
P
P
P
P
P
P(4)
size
(2) More than 1,000 sq.
P
P
P
P
P
P
CZ(4)
ft. in size
Food service establishment
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
with a cocktail lounge, live
entertainment, and/or
dancing
Live entertainment and ior
C
C
C
C
C
C
C
dancing (without food and
service)
Outdoor eating areas (6)
A
A
A
A
A
A
A(4)
Food and beverage stores
Bakeries, retail (and
P
P
P
P
P
P
P(4)
ancillary food service)
Candy stores and
P
P
P
P
P
P
P(4)
confectioneries
Convenience markets (7)
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Grocery stores and
P
P
P
P
P
P
C(4)
supermarkets (7)
Liquor stores
(1) Less than 200 ft.
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
from residential district
(2) 200 or more ft. from
P
P
P
P
P
P
CZ(4)
residential district
Fortunetelling (8)
A(9)
A(9)
A
A
A(9)
Funeral and interment
CZ
CZ
services (including
mortuaries, but excluding
crematories)
Kiosks (30)
A
A
A
A
A
A
A
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and
recreational vehicles)
Auto detailing
CZ
CZ
Coin -op washing
C
C
Ord. 1923 A-19
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Gasoline stations
C
C
C
C
(including mini -markets,
and minor repair, such as
tune-ups, brakes, batteries,
tires, and mufflers) (10)
Rentals
CZ(2)
CZ(2)
Repairs, major (engine
work, painting, and body
work) (11)
Repairs, minor (tune-ups,
CZ
CZ(3)
CZ
CZ
CZ
brakes, batteries, tires,
mufflers and upholstery)
(11)
Sales, new or used
C
vehicles
Sales, parts and supplies
P
P
P
P
P
P
P(4)
Sales, tires and ancillary
CZ
CZ
service
Music rehearsal/recording
CZ(9)
CZ
CZ
CZ
CZ
CZ(9)
CZ
studios
Outdoor storage, including
CZ
temporary or permanent
storage containers
Personal service
establishments
Artistic and photographic
P
P
P
P
P
P
P(4)
studios, without sale of
equipment or supplies
Barber shops/beauty salons
P
P
P
P
P
P
P(4)
Dry cleaning
P
P
P
P
P
P
P(4)
establishments, with no
on-site processing
Dry cleaning
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
establishments, with on-
site processing
Laundromats (self-service)
P
P
P
P
P
P(4)
(7)
Massage and/or bodywork
P(9)
P(9)
P
P
P
P(9)
P
offices or establishments
(12)
Nail salons
P
P
P
P
P
P
P(4)
Seamstress/tailor
P
P
P
P
P
P
P(4)
Shoe repair
P
P
P
P
P
P
P(4)
Recreational facilities
(indoors)
Bowling alleys (13)
C
Game arcades (14)
C
C
C
C
Fitness/recreation facility
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
Ord. 1923
A-20
Type of Land Use
4SRC
HO
CSMU
2/3 MUE
2/3 NIUW
WEV
5/M R/O
Poolhalls/billiards
C
C
C
C
Theaters
C
C
C
C
C
C
Retail
Antique stores
P
P(27)
P
P
P
P
P(4)
Apparel stores
P
P(27)
P
P
P
P
P(4)
Appliance stores (and
P
P(27)
P
P
P
P
P(4)
ancillary repair)
Art, craft, music and
P
P
P
P
P
P
P(4)
photographic supply stores
Auctions (15)
P
P
P
P
P
P
P(4)
Bicycle shops
P
P(27)
P
P
P
P
P(4)
Book, gift, stationery
P
P
P
P
P
P
P(4)
stores
Department stores
P
P
P
P
P
P
P(4)
Discount stores
P
P
P
P(16)
P
P
P(4)
Drug stores and
P
P
P
P
P
P
P(4)
pharmacies (7)
Electronics sales
P
P
P
P
P
P
P(4)
(televisions, radios,
computers, etc.)
Florist shops
P
P
P
P
P
P
P(4)
Furniture stores and
P
P(27)
P
P
P
P
P(4)
upholstery shops (and
ancillary repair)
Gun shops
C
C
C
C
C
Jewelry stores
P
P(27)
P
P
P
P(4)
Plant nurseries and garden
P(2)
P(2)
P(2)
P(2)
P(2)
P(2)
P(2)(4)
supply
Secondhand stores and
CZ
CZ
CZ
CZ
CZ
CZ
CZ(4)
pawnshops (17)
Shoe stores
P
P(27)
P
P
P
P
P(4)
Shopping centers
C
C
C
C
C
C
C(4)
Sporting goods stores
P
P(27)
P
P
P
P
P(4)
Stamp and coin shops
P
P(27)
P
P
P
P
P(4)
Swirmning pool supplies
P
P
P
P
P
P
Tobacco retailer,
C(28)
C(28)
C(28)
C(28)
C(28)
significant
Toy stores
P
P(27)
P
P
P
P
P(4)
Variety stores (7)
P
P
P
P
P
P
P(4)
Video sales and rentals
P
P(27)
P
P/CZ(31)
P
P
P(4)
Offices and Related Uses
Financial services and
P(9),
P
P
P
P
P(9),
P
institutions
A(18)
A(18)
Medical services (medical,
dental and health-related
services, with sale of articles
clearly incidental to the
services provided)
Ord. 1923
A-21
Type of Land Use 4SRC 110 CSIWU 2/3 MUE 2/3 MUW WEV 5/M R/O
Clinics C(9) C C C C C(9), C
C(18)
Hospitals
CZ
CZ
Major medical facilities,
P
P
including extended care
P
P
facilities (treatment and
C
C
convalescent) and
C
C
children's treatment
P
P
facilities
C
C
Laboratories
CZ(9)
CZ
Medical offices
P(9)
P
Oftices, general
P(9),
P
A(18)
Public and Quasi -Public
Uses
Clubs and lodges, including
C(9)
C
youth groups
Public facilities
Administrative offices
P(9),
P
A(18)
Day services center
Libraries, museums, and
C
C
other cultural facilities
Public facilities, other
C
C
(police, fire, paramedic,
post office, etc.)
Public parks, playgrounds,
P
P
and recreational facilities
Religious institutions
C
C
Schools
Parochial, private
C(9)
C
Public
P
P
Specialized education and
CZ (9,
CZ
training
18)
Residential Uses
Single-family residential
Duplex residential
CZ
CZ
CZ
P
P
P
P
P
P
C
C
C
P
P
P
C
C
C
C
C
C
C
P
P
P
C
C
C
C
C
C
P
P
P
CZ
CZ
CZ
Multifamily residential (19) A A(29) A
Animal keeping A A A
Caretaker's residence A A(29) A
Emergency shelters for the
homeless
Permanent
P
A(20) A
A A
A(20) A
Temporary or rotating C C C C C
Home occupations (22) P P P P P
Live/work quarters (19) A A(29) A A(20) A
Ord. 1923
C
CZ(9, CZ
18)
P(9), P
A(18)
P(9), P
A(18)
C(9)
P(9), P
A(18)
C C
C C
P P
C C
C(9) C
P P
CZ(9, CZ
18)
P
A P
A A
A A
C C
P P
A A
A-22
Type of Land Use
4SRC
Ifo
CSMU
2/3 MUE
2/3 MUW
WEV
5/M R/O
Residential care facilities for
the handicapped in dwelling
unit (19)
Small (0--- 6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more residents)
P
P(29)
P
P(20)
P
P
P
Residential care facilities,
other in dwelling unit (19)
Small (0—.....6 residents)
P
P(29)
P
P(20)
P
P
P
Large (7 or more residents)
C
C(29)
C
C(20)
C
C
C
Rooming or boarding houses
A
A(29)
A
A(20)
A
A
A
(19)
Day Care
Day care facility, child or
adult
Family day care
Small (0 8 children or
P
P
P
P
P
P
P
adults)
Large (9- 14 children)
CZ
CZ
CZ
CZ
CZ
CZ
CZ
(31)
Large (9 14 adults)
C
C
C
C
C
C
C
Day care center (15 or more
CZ(9)
CZ
CZ
CZ
CZ
CZ(9)
CZ
children or adults)
Visitor Accommodations
Hotels, motels, or bed and
C
C
C
C
C
C
C
breakfast inns
Transportation Facilities
Bus stations
C
C
"Park and ride" facilities
CZ
CZ
CZ
Parking facilities, commercial
CZ
CZ
CZ(3)
CZ
CZ
CZ
CZ
or municipal
Taxi stations (24)
C
C
C
Transit stations or transitways
C
C
C
Temporary Uses
Temporary uses (25)
A
A
A
A
A
A
A
Accessory Structures and
Uses
Accessory structures and uses
P
P
P
P
P
P
P
customarily incidental to a
permitted use and contained
on the same site (26)
(1) See Chapter 10.24.
(2) See "Outdoor storage."
(3) Use not allowed on lots which have frontage along "A" and
"B" Streets.
(4) Use allowed only on cross streets
from "C" Street east between Fourth Street and Fifth Avenue.
(5) See Chapter 10.36.
(6) For outdoor eating areas on private property, see
Section 14.17.110 standards. For outdoor seating areas
located on city sidewalks or rights-of-way, see Section
14.16.277
standards.
Ord. 1923 A-23
(7) Operating after eleven p.m. (11:00 p.m.) requires a use permit (CZ).
(8) See Section 14.17.060 (Fortunetelling).
(9) On Fourth Street frontage, use shall only be allowed in a rear ground level demised space behind a
separate retail demised space with a separate entrance or on the second floor or above.
(10) See Section 14.16.160 (Gasoline stations).
(11) See Section 14.17.090 (Motor vehicle repair uses).
(12) See Chapter 8.34.
(13) See Chapter 10.32.
(14) See Section 14.17.070 (Game arcades).
(15) See Chapter 10.16.
(16) Office -support retail only.
(17) See Chapter 10.20.
(18) Office use on the Fourth Street frontage is limited to customer -service office use only. See Section
14.17.050 (Offices and financial institutions in the Fourth Street retail core and the West End Village) of
this title.
(19) See Section 14.17.100 (Residential uses in commercial districts).
(20) Residential use allowed if part of a mixed-use development.
(21) Repealed April 2006.
(22) See Section 14.16.220 (Home occupations).
(23) See Section 14.17.040 (Family day care home, large).
(24) See Chapter 10.60.
(25) See Section 14.17.130 (Temporary uses).
(26) See Section 14.16.020 (Accessory uses).
(27) Use only allowed for parcels that have Fourth Street or Lincoln Avenue frontage.
(28) Shall not be located within one thousand feet (1,000') from: schools (public and private elementary,
junior high, and high schools), public parks, public libraries, arcades, youth/teen centers,
community/recreation centers, licensed day care centers for children, shopping malls, and houses of
worship with organized youth programs, as measured from the property lines of each parcel.
(29) Residential use is allowed on the ground floor and above, except on lots facing Fourth Street where
residential use is allowed on the rear ground level and second floor and above.
(30) See Section 14.16.115.
(3 1) Permitted if less than 2,000 square feet in size, and conditionally permitted subject to zoning
administrator approval if 2,000 square feet or more in size.
(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, 6-21-10)
Ord. 1923 A-24
Replace existing Section 14.05.030 and Table 14.05.030 with the following:
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.
lkl iefy
Minimum lot area (sq. ft.) 6,000 6,000
Minimum lot
area/dwelling unit (sf)
(Max. residential intensity)
Floor area ratio (Max.
nonresidential intensity)
Minimum lot width (ft.)
Minimum yards:
Front (ft.)
Side (ft.)
Street side (ft.)
Rear (ft.)
Maximum height of
structure (ft.)
Maximum lot coverage
Minimum landscaping
Usable outdoor area
Parking
1,000 1,800
60 60
Table 14.05.030
O C/O
7,500 2,000/
building
1,000 1,000
* *
60 NR
R/O FBWC Additional
Standards
6,000 6,000
1,000 1,000 (A), (N), (0)
* *
NR
NR
20
NR
NR
NR
NR
NR
6
NR
NR
NR
NR
NR
10
NR
NR
NR
NR
NR
20
NR
NR
NR
36
36 feet; 30 feet for a 36
36
36
36
residential -only
building
NR
NR
40%
NR
NR
NR
15%
10%
25%
NR
10%
15°0
NR
NR
NR
NR
NR
NR
*
*
*
*
*
*
* See Section
14.16.150
(B)
(B)
(B)
(B)
(C), (D), (E), (F),
(G), (H)
(P)
(1), (J), (K), (L)
(M)
* Based on use.
See Section
14.18.040
(A) There is no minimum lot area requirement for a boarding house.
(B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required
for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side and/or
rear yard shall be ten feet (10'). Parking or maneuvering shall be permitted within the required side and rear
yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent
to the side and rear property lines.
Ord. 1923 A_25
(C) Exceptions may be granted for a height above thirty-six feet (36'), subject to the provisions of Chapter
14.24, Exceptions.
(D) Hotels have a four (4) story fifty -four -foot height limit. A one-story twelve -foot height bonus may be
approved as part of a design review permit by the planning commission if it finds that the hotel will provide
a significant community benefit, and the design is consistent with this title.
(E) Repealed 3/18/96.
(F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height
shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(G) See general plan downtown height map for lot -specific height limits.
(H) A height bonus may be permitted in residential development as provided for in Section 14.16.190,
Height bonus.
(I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the
front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3') of buffer
landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (10') of buffer
landscaping must be provided.
(J) In the GC district, a minimum fifteen feet (15') of the front setback must be landscaped. Landscaped
portions of the public right-of-way may be included, subject to approval by the hearing body.
(K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping.
(L) A landscaped amenity area for employees and the public is encouraged in office and commercial
projects.
(M) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use
project.
(N) Outside of downtown, only one (1) unit is permitted, and no additional units are permitted, on lots less
than five thousand (5,000) square feet, per Section 14.16.300 (Small lots).
(0) A density bonus may be granted, as provided for in Section 14.16.090.
(P) The maximum lot coverage restriction established for the Office (0) district shall not apply to solar
panels installed over existing paved parking spaces; consistent with Section 14.16.307.
(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, 6-21-10)
Ord. 1923 A-26
CILAPTER 14.06 — INDUSTRIAL DISTRICTS (I, LI/O, CCI/O, LMU)
Replace existing Section 14.06.020 and Table 14.06.020 fvith the following:
14.06.020 Land use regulations (I, LI/O, CCl/O, LMU).
P: Permitted; C: Conditional use permit; CZ: Conditional use pennit.'zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.06.020
Types of Land Use I LI/O CCl/O LMU Additional Use
Regulations
Industrial Uses
Boat building and repair C
Industry, general
Asphalt inix 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*
*Pennitted 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 pennit.
Ceramic shop
P
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Chemical manufacture
C
or processing
Clothing manufacturing
P
P
P
P
Concrete mix plants
C
Contractor's yards
P
CZ
CZ
CZ
(screened)
Dry boat storage
C
C
C
Dry cleaning plants
P
P
P
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Electronics industry
CZ
CZ
C
C
Ord. 1923
A-27
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Food manufacture or
P*
P*
P*
P*
*Permitted by right
processing
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use pen -nit.
Fuel yards
C
Furniture manufacturing
P*
P*
P*
P*
*Pennitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use pen -nit.
Furniture refinishing or
P*
P*
P*
P*
*Pennitted by right
repair
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Laboratories
CZ
CZ
CZ
CZ
Machine shops
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use pen -nit.
Metal fabrication,
CZ
C
C
C
forging or welding shops
Packaging plants
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Pharmaceutical
C
C
C
C
manufacturing
Planing mills
C
C
Printing shops
P
P
P
P
Research and
C
development facilities
Research and
CZ
CZ
C
development industry
Research and
P
P
P
development services
Rock, sand or gravel
C
plants (crushing,
screening and
stockpiling)
Ord. 1923 A_28
Types of Land Use
I
LI/O
CCI/O
LMU
Additional Use
Regulations
Mini -storage
P
P
P
P
See Section
14.16.150(6)(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
P
P
P
P
See Outdoor storage.
distribution
Trucking yards and
C
terminals
Waste Management
Hazardous waste
C
See hazardous waste
transfer, storage,
management plan
treatment and recycling
standards.
Resource recovery and
CZ
recycling
Solid waste management
C
See Chapter 10.72
(collection, disposal)
Transfer stations
C
Wholesale and distribution
P
P
P
P
Offices and Related Uses
Financial services and
CZ
CZ
institutions
Medical services (medical,
dental and health-related
services, with sale of
articles clearly incidental to
the services provided)
Clinics
C
C
Laboratories
C
C
C
C
Offices, medical
C
C
C*
*Max. of 5,000 sq. ft. or
less.
Offices, general
C*
C**
C
C*
*5,000 sq. ft. or less.
**See Section
14.16.150(B)(2).
Commercial Uses
Animal care facilities (with
CZ
CZ
CZ
CZ*
*Without exterior
or without exterior kennels,
kennels, pens or runs (See
pens or runs)
Chapter 10.24).
Building materials and
supplies
Brick, gravel, rock,
P*
P*
P*
P*
*See Outdoor storage.
concrete, lumber, tile
sales
Ord. 1923 A-29
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Electrical supply stores
P*
P*
P*
P*
*See Outdoor storage.
Equipment rental
P*
P*
P*
P*
*See Outdoor storage.
business
Glass and window stores
P*
P*
P*
P*
*See Outdoor storage.
Hardware stores
P*
P*
P*
P*
*See Outdoor storage.
Paint stores
P*
P*
P*
P*
*See Outdoor storage.
Plumbing supply stores
P*
P*
P*
P*
*See Outdoor storage.
(and ancillary service)
Business sales and service
Blueprint and photocopy
P
P
P
P
shops
Computer services
P
P
P
Locksmith shop
P
P
P
P
Office furniture sales
P
P
P
and rentals
Office supply and
P
P
P
business machine shops
Printing shops
P
P
P
P
Card rooms
C
See Chapter 10.36
Coffee roasters
P
P
P
C
Food and beverage
establishments
Brew pubs
CZ
CZ
CZ
Catering
P
P
P
P
Cocktail lounges
C
(without food service)
Fast food restaurants
C
C
Food service
C
C
establishment, high
volume
Food service
establishment (with or
without incidental
service of beer or wine
or ancillary bar), but
without a cocktail
lounge, live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less
CZ
CZ
CZ
CZ
in size
(2) More than 1,000
CZ
CZ
sq. ft. in size
Ord. 1923 A-30
Types of Land Use
Food service
establishment, with a
cocktail lounge, live
entertainment and/or
dancing
Live entertainment
andior dancing (without
food service)
Outdoor eating areas
Food and beverage stores
Bakeries (with ancillary
food service 1,000 sq. ft.
or less in size)
(1) Retail
(2) Wholesale
Funeral interment services
Mortuaries
Crematories
Maintenance and repair
services
Appliance repair
Building maintenance
services
Furniture upholstery
General contractors
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and
recreational vehicles)
Auto detailing
I LI/O CCl/O LMU Additional Use
Regulations
C
C
A A A A For outdoor eating areas
on private property, see
Section 14.17.110
standards. For outdoor
seating areas located on
city sidewalks or rights-
of-way, see Section
14.16.277 standards.
P P
P P P P
P P P
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.
P* P* P* P* *See Outdoor storage.
P* P* P* P* *See Outdoor storage.
P* P* P* P* *See Outdoor storage.
P* P* P* P* *See Outdoor storage.
P CZ CZ C
Ord. 1923 A-3
Types of Land Use
I
LI/O
CCUO
LMU
Additional Use
Regulations
Coin -op washing
C
C
C
C
Gasoline stations
C
C
C
See Chapter 14.16
(including mini -markets,
regulations. For repair,
and minor repair, such as
see Chapter 14.17
tune-ups, brakes,
standards.
batteries, tires and
mufflers)
Rentals
CZ
CZ
CZ
CZ
See Chapter 10.84
Repairs, major (engine
A
A
A
CZ
See Chapter 14.17
work, painting, body
standards.
work)
Repairs, minor (tune-
A
A
A
CZ
See Chapter 14.17
ups, brakes, batteries,
standards.
tires, mufflers,
upholstery)
Sales, new or used
C/CZ*
C/CZ*
C/CZ*
C/CZ*
*For sales of five or
vehicles
fewer cars.
Sales, parts and supplies
P
P
P
P
Towing businesses
C
C
C
C
Wrecking yards
C
See Chapter 10.52
Kiosks
A
See Section 14.16.225
Music rehearsal/recording
P
CZ
CZ
CZ
studios
Outdoor storage
CZ
CZ
CZ
CZ
Personal service
establishments
Artistic and
P
P
P
photographic studios,
without sale of
equipment or supplies
Barber shops/beauty
P
P
P
salons
Dry cleaning
P
P
P
P
establishments with or
without on-site
processing facilities
Laundromat (self
P
P
P
service)
Nail salon
P
P
P
Seamstress/tailor
P
P
P
Shoe repair
P
P
P
Recreational facilities
(indoors)
Bowling alleys
CZ
CZ
CZ
Fitness/recreation
CZ
CZ
CZ
facility
Retail
Ord. 1923 A-32
Types of Land Use
I
Drug stores and
phannacies
Florist
Specialty retail, region -
serving
Public and Quasi -Public
Uses
Clubs and lodges, including
youth groups
Public facilities
Administrative offices
C*
Day services center
C
Job center
C
Public and utility
C
facilities (corporation,
maintenance or storage
yards, utility distribution
facilities, etc.)
Public facilities, other
P
(police, fire, paramedics,
post office, etc.)
Public parks,
playgrounds and
recreation facilities
Religious institutions
Schools
Parochial, private
Public
Specialized education
and training
Residential, Day Care and
Visitor Accommodation
Uses
Live:'work quarters
Caretaker's residence
CZ
Day care centers
CZ
Emergency shelters for the
homeless
Permanent
C
Rotating or temporary
C
Hotels or motels
Transportation facilities
Bus stations
C
Heliport
"Park and ride" facilities
CZ
Ord. 1923
LI/O CCl/O LMU Additional Use
Regulations
C
C
C
C C C
P P
C C
C C
C C
P
C
C
C
P
CZ
CZ
CZ
PfC
C
C
C
C
CZ
P
C
CZ
CZ
CZ
C
C
C
C
CZ
P
C
P
C
C
P
CZ
1.1
CZ
CZ
C
C
*5,000 sq. ft. or less.
See Section
14.17.100(C)(9)
(Live.: work quarters).
See Section 14.16.115
A-33
Types of Land Use I
LI/O
CCI/O
LMU Additional Use
Regulations
Parking facilities, CZ
CZ
CZ
conunercial or public
Taxi stations C
C
C
See Chapter 10.60
Transit stations or C
C
C
transitways
Temporary Uses
Temporary uses A
A
A
A See Chapter 14.17
standards.
Accessory Structures and
Uses
Accessory structures and P
P
P
P See Chapter 14.16
uses customarily incidental
regulations.
and contained on the same
site
(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).
(Ord. No. 1882, Exh. A, § 19,6-21-10)
Ord. 1923 A-34
CHAPTER 14.08 — MARINE DISTRICT (M)
Replace existing Sectio: 14.08.020 and Table 14.08.020 with the following:
14.08.020 Land use regulations (M).
P: Permitted by right; C: Conditional use pen -nit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.08.020
Type of Land Use M
Marine Uses
Boat building and repair C
Boat sales and rentals P
Charter boat businesses P
Clubs and lodges, including youth C
groups, with a marine focus or purpose
(boating, fishing, study of marine
biology, etc.)
Contractor's shops related to marine
activities, including welding, small
machinery repair and marine engine
repair
Equipment rentals related to boating,
fishing, etc.
Fish and bait sales, retail
Indoors
Outdoors
Fishing enterprises, cormnercial and/or
recreational, including support facilities
(hoist, ice plant, storage, packing and
sales area and related offices)
Fishing supply stores, including bait
and stores
Fuel yards strictly for boats
Marinas, including boat slips, offices
(sales, management, etc.), harbor,
clubhouse, marine -related retail and
support 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)
CZ
P
P
C
C
0
C
C
C
Additional Use Regulations
Ord. 1923 A-35
Type of Land Use
Marine industry sales, including boat
machinery, parts and incidental
hardware
Marine supply stores
Marine testing laboratories, research
and development facilities
Museum, marine -related
Offices, business support for marine
industry, including security
Outdoor storage, including temporary
or permanent storage containers
Parks with marine recreational features
or concessions
Schools, sailing, boating, etc.
Storage, boat (wet or dry)
Warehousing, strictly for storage of
boats, boat trailers and fishing gear
Yacht clubs
Commercial
Food and beverage service
establishments
Cocktail lounges (without food
service)
Food service establishments (with or
without incidental serving of beer or
wine) and without a cocktail lounge,
live entertainment and/or dancing
(1) 1,000 sq. ft. or less in size
(2) More than 1,000 sq. ft. in size
Food service establishments with a
cocktail lounge, live entertainment
and/or dancing
Live entertainment and/or dancing
(without food service)
Outdoor eating areas
M
P
P
C
C
P
CZ
P
P
P
CZ
C
A
P
CZ
CZ
C
Additional Use Regulations
A For outdoor eating areas on private property, see Section
14.17. 110 standards. For outdoor seating areas located on
city sidewalks or rights-of-way, see Section 14.16.277
standards.
Retail and Office Uses
Retail and administrative, business and P/C/A*
professional office uses listed as
permitted or subject to use pen -nit in
general commercial district
Public and Quasi -Public Uses
Public utility facilities C
Residential and Visitor
Accommodation Uses
*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 building. Ground floor non -marine office
use is not allowed.
Allowed on the second floor or above in a mixed-use
project.
Ord. 1923 A-36
Type of Land Use
M
Additional Use Regulations
Multifamily residential
A
Emergency shelters for the homeless
Permanent
C
See Section 14.16.115 standards.
Temporary
C
Home Occupations
P
See Section 14.16.220 (Home Occupations).
Live/work quarters
A
See Section 14.17.100(C)(9) (Live/Work Quarters
regulations).
Residential care facilities for the
handicapped
Small (0- - 6 residents)
P
Large (7 or more residents)
P
Residential care facilities, other
Small (0 6 residents)
P
Large (7 or more residents)
C
Rooming or boarding houses
C
See Section 14.17.100(C)(8) (Boarding House
regulations). Allowed on the second floor or above in a
mixed-use project.
Caretaker's residence
CZ
Hotels or motels
C
Transportation Facilities
"Park and ride" facilities
CZ
Parking facilities, public
CZ
Temporary Uses
Temporary uses
A
See Chapter 14.17 standards.
Accessory Uses and Structures
Accessory uses and structures
P
See Chapter 14.16 regulations.
customarily incidental to a permitted
use and contained on the same site
(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, 6-21-10)
Ord. 1923 A-37
Replace existing Section 14.09.020 and Table 14.09.020 with the following:
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
Public/Quasi-Public Uses
Public facilities
Administrative offices (city and county,
special district, public utility, etc.)
Libraries, museums and other cultural facilities
Public and utility facilities (corporation,
maintenance or storage yards, pump stations,
utility substations, storm drainage ponds, water
tanks, utility distribution facilities, etc.)
Safety facilities (police, fire or paramedics)
Sewage or water treatment facilities, including
wastewater ponds and irrigation areas
Quasi -public service uses, including clubs and
other service organizations, which pursue or
provide programs such as day care, religious or
similar use
Schools
Parochial, private
Public
Business, performing arts, vocational
Use of school sites for other uses
Commercial Uses
Funeral and intennent services
Cemeteries, mausoleums
Recreation facilities (indoors or outdoors)
Transportation Facilities
Bus stations, public
"Park and ride" facilities
Road right-of-ways, slope easements or similar
public improvements
Transit stations, public, or transitways
Residential Uses
Single-family residential
Duplex residential
Multifamily residential
P/QP Additional Use Regulations
P
P
C
P
P
A
C
P
CZ
C* *May include: child care programs; educational,
recreational, cultural and religious classes,
programs and activities; administrative offices
incidental to educational service uses; churches;
counseling groups; and those private business
uses which quality as home occupations.
P
C
C
CZ
C
C
C
C
C See Chapter 14.17 standards.
Ord. 1923 A-38
Type of Land Use
Rooming or boarding houses
Home occupations
Live/work quarters
Residential care facilities for the handicapped
Small (0 6 residents)
Large (7 or more residents)
Residential care facilities, other
Small (0 6 residents)
Large (7 or more residents)
Rooming or boarding houses
Family day care
Small (0 6 children or adults)
Large (7 12 children)
Large (7 -12 adults)
Emergency shelters for the homeless
Permanent
Rotating or temporary
Day care center
Temporary Uses
Temporary uses
Accessory Structures and Uses
Accessory structures and uses customarily
incidental to a permitted use and contained on the
same site.
P/QP
Additional Use Regulations
C
See Chapter 14.17 standards.
P
See Chapter 14.16 standards.
A
See Chapter 14.17 standards.
P
P
P
C
A
See Chapter 14.17 standards.
P
A See Chapter 14.17 standards
C See Chapter 14.17 standards
C See Section 14.16.115
C
CZ
A See Chapter 14.17 standards.
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. 1923 A-39
CHAPTER 14.12 — HILLSIDE OVERLAY DISTRICT (-H)
Replace existing Sectio: 14.12.020 Hillside (—H) overlay district with the following revised text.
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, 6-21-10)
Replace existing Section 14.12.030 with the following revised test:
14.12.030 Property development standards (-H).
Development standards shall be those of the underlying zoning district with which a hillside
development overlay district is combined, provided that the following shall be in addition and shall govern
where conflicts arise, except for subsection G, Lot Standards, where the lot size standard of the underlying
zoning district applies when more restrictive than the subdivision ordinance.
A. Building Stepback. A building stepback is established to limit the height of structures to avoid
excessive building bulk. On the downhill slope walls and on walls facing front and side property lines, a
twenty -foot (20') height limit measured from existing grade shall be observed within all areas within fifteen
feet (15') of the maximum building envelope limit. To allow for design flexibility, an encroachment into the
street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the
building length.
B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more than
one-half of the required yard or setback, subject to approval by the hearing body of an environmental and
design review permit, with the recommendation of the design review board that the decrease minimizes the
impact of hillside development and grading. If such a reduction is granted, a compensating increase in
setback is required in the opposing setback, i.e., a five-foot (5') reduction in a front yard setback would
increase the rear yard setback by five feet (5').
C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage
figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural
state. This standard may be waived or reduced for lots zoned 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
Ord. 1923 A-40
unless this restriction precludes all reasonable economic use of the property. Exception: an exception to the
ridgeline regulation may be granted if the decision-making body makes the findings that:
1. There are no site development alternatives which avoid ridgeline development;
2. The density has been reduced to the minimum allowed by the general plan land use designation
density range;
3. No new subdivision lots are created which will result in ridgeline development; and
4. The proposed development will not have significant adverse visual impacts due to
modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the
visual impacts of the development, as viewed from all public viewing areas.
ILLUSTRATION 14.12.030
ILLUSTRATION OF RIDGELINE HOME STANDARDS
IOD,
tfkIP6r=
LINE
NO BUILDING
IOO WITHIN 100
VERTICAL FEET
F. Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2)
additional on-site parking spaces shall be provided (not on the driveway apron) for single-family residential
development. These spaces should be conveniently placed relative to the dwelling unit which they
predominately serve. This requirement may be waived 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
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 (251•0) 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
Ord. 1923 A-41
eighteen percent (18%) shall have grooves/scoring for traction. A suitable transition shall be provided at the
street and driveway apron to allow vehicles to safely transition to/from roadways and parking areas, as
recommended by the department of public works. Further, the design of the driveway apron at the garage
shall be subject to review and reconnnendation 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 38,6-21-10)
Ord. 1923 A-42
CHAPTER 14.13 - WETLAND OVERLAY DISTRICT (-WO)
Replace existing Section 14.13.020 with amended text, to read as follows:
14.13.020 Criteria for establishment of wetland overlay (-WO) district for identified and
unidentified wetlands.
A. These regulations shall apply to all 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.
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).
Replace existing Section 14.13.040 with amended test, to read as follows:
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 ininimize 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 Canal, shall be established and measured
consistent with the provisions of Section 14.16.080, Creeks and other watercourses of this title.
2. For wetlands which are neither creeks nor drainage ways, 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.
Ord. 1923 A-43
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. 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. Stonnnwater 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
convnission may approve a use permit to authorize this fill, provided that the filled wetland is replaced, in-
kind and on-site at a ininimum ratio of 2:1 (two acres of new wetland for every one acre of wetland that is
filled). If it is not possible or practical to create new, on-site wetland, off-site, in-kind replacement shall be
required at a minimum ratio of 3:1. 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. 1923 A-44
CHAPTER 14.16 — SITE AND USE REGULATIONS
Replace existing Section 14.16.010 with amended text, to read as follows:
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).
Replace existing Sectio: 14.16.020 with amended text, to read as follows:
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 residential accessory
structures:
1. Front and Street Side Yard Setbacks.
a. Fountains, trellises, statues and similar decorative yard improvements up to four feet (4') in
height, fences, small retaining walls and ininor 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.
b. No other structures or improvements shall be placed within a required front yard or street
side yard.
c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach
into any front yard or street side yard setback.
d. Accessory structures shall meet the setback requirements for reverse corner lots, contained
in Section 14.04.030(D).
2. Interior Side and Rear Yard Setbacks.
a. Zero -foot (0') Setback. The following accessory structures may be located within the
required rear and interior side yard setbacks, and up to the property line, subject to conformance with any
applicable building code limitations and provision of an unobstructed walkway clearance of at least three
feet (3') between above -grade accessory structures and adjacent buildings or the property line in order to
provide access around the primary building:
Ord. 1923 A-45
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 of the rear and interior side yard property line:
i. Accessory structures greater than 120 square feet in floor area and up to fifteen feet
(15') in height measured from grade to roof peak;
ii. Fireplaces, barbecues, sell -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. Pool shn-ground spas. A setback of at least three feet (3') or a distance equal to one-half the
depth of the pool, whichever is greater, shall be provided from the property line.
d. Easements and Property Lines. No structure or portion thereof, including overhangs and
foundations, shall obstruct an easement or cross a property line.
e. Accessory Structure with Sanitary Facilities. A residential accessory structure that exceeds
one hundred twenty (120) square feet in size and includes sanitary facilities shall require (prior to issuance
of a building permit) recordation of a deed restriction with the County of Marin to reflect that the detached
accessory structure cannot be utilized as a second dwelling unit, unless it complies with the requirements of
Section 14.16.285.
f. Mechanical equipment shall subject to additional screening and setback requirements, as
specified in Section 14.16.320.
3. Alley Setback. An accessory structure shall be located a minimum of five feet (5') from an
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 yard areas shall maintain at least forty -percent (40%)
pervious landscape area.
F. Nonresidential Accessory Structures. The following standards shall apply to accessory structures
where permitted in a non-residential zoning district.
1. In a nonresidential district, above ground accessory structures are permitted when such
structures do not alter the character of the premises, and when constructed in conformity with all applicable
requirements of this title; including floor area ratio requirements of this Chapter 14.16, Chapter 14.18
(Parking Standards) and Chapter 14.25 (Design Review).
2. Shipping and Storage Containers. Shipping and storage containers (e.g., "cargo" containers), or
similar all-weather storage containers, may be allowed within an outdoor storage yard that has been
approved consistent with the provisions of the underlying commercial and industrial district land use tables,
and Section 14.17.120 (Outdoor storage). In all other instances, a storage container shall only be considered
as a permanent structure that shall be subject to all of the 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. 1923
A-46
Add die following new Section 14.16.205:
14.16.025 Refuse enclosure requirement.
Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-
family, mixed-use and non-residential development projects. Refuse storage areas shall be adequately
screened from view. The refuse area enclosure shall be designed to meet the minimum recommended
dimensional standards of the local refuse collection agency, as well as any requirements of other agencies
responsible for review and permitting of the facility; such as building, fire, public works or county health.
See Section 14.16.020 for Accessory Structure standards and Chapter 14.25 for Design Review
requirements.
Add the following new Sectio: 14.16.11 S and Map 14.16.115:
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 LUO 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
pennitted 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 identified in the General Plan 2020 Housing Element. All facilities shall be operated in
compliance with the provisions herein.
Ord. 1923
A-47
Map 14.16.115
San Rafael Zoning Map November 2000
1:6,200
C. Findings Required. Where a conditional use pen -nit 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 foot-candle at all
doors and entryways and one-half foot-candle at walkways and parking lots). The lighting shall be
stationary, directed away from adjacent properties and public right-of-ways, and of intensity compatible
with the surrounding area.
3. The development may provide one or more of the following specific common facilities for the
exclusive use of the residents and staff:
a. Central cooking and dining room(s).
b. Recreation room.
c. Counseling center.
d. Child care facilities.
e. Other support services.
Ord. 1923 A-48
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 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 pennitted 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.
Replace existing Section 14.16.130 with amended text, to read as follows:
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 greater 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, 6-21-10)
Ord. 1923 A-49
Replace existing Section 14.16.132 with amended text, to read as follows:
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, § 46,6-21-10)
Replace existing Section 14.16.140 with antended text, to read as follows:
14.16.140 Fences and walls.
This section establishes regulations for the height, location and materials of fences, retaining walls and
privacy walls. The regulations are intended to prevent fences or walls which are a detriment to the
appearance and character of the community and to protect the public health, safety and welfare by assuring
adequate sight distance is provided and maintained at street intersections and driveways.
A. The following height limitations shall apply to the height of fences and walls:
1. Residential Districts.
a. Fences and retaining walls not exceeding four feet (4') in height, measured from exterior
finished grade, may be located within the front or street side yard setback, provided that the fence and/or
wall shall not conflict with the sight distance requirements of Section 14.16.295. Retaining walls up to four
feet (4') may be located in any required yard area.
b. Retaining walls over four feet (4') in height shall not be permitted within required yards,
except when recommended by the design review board for development on a hillside parcel (i.e., property
that contains a slope of twenty-five percent (2500') or greater or designated H Overlay) to minimize
grading and/or tree removal impacts. Retaining walls located outside of required setbacks shall otherwise be
reviewed subject to the regulations that apply to an accessory structure, in Section 14.16.020.
c. Fences not exceeding eight feet (8') in height may be located in an interior side or rear
yard, and subject to additional provisions of subsection C below.
d. 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 pennitted 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).
2. Recreation Fences. Fences for swimming pools are subject to the requirements of the building
code. Fences for tennis courts shall not exceed maximum height limits established for accessory structures,
and in no case shall exceed twelve feet (12').
3. Measurement of Height. The height of a fence, or vegetation or wall, or combined fence and
wall structure shall be measured vertically from finished ground level, as determined by the building or
planning official, to the top of the structure at any given point (see illustration "Maximum Allowed Fence
Height Measurement). Structural and/or decorative elements may not exceed the maximum height limits,
except for minor decorative entryway treatments as pennitted in this section. Terraced fences and/or
retaining walls shall provide a landscaped horizontal separation of at least four feet (4'), otherwise they
shall be measured based on the overall combined height, as illustrated below; unless an exception is granted
by the community development director under the provisions of Chapter 14.24.
Ord. 1923 A-50
Maximum Allowed Fence HeightMeasurement
♦—Fence
Max.
Allowed
Retaining Fence
Wall
Height
III _Iir, 9
,=fB 0 71 Q 019 IF - IM lii;
I'a�filGl:;1=:i3•'_'ilI'_`C"—en—
. nnz uac e:=•.
Properly Line
4. Exception. An exception to the residential fence and walls height standards may be allowed,
subject to the provisions of Chapter 14.24, Exceptions. Exceptions for height should include a landscape
setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a
taller fence or wall along the streetscape. A minimum setback buffer of six inches (6") should be provided
for each one -foot (1') of increased height.
B. Sight Distance. Fencing, vegetation and retaining walls located near a driveway or street
intersection shall not conflict with the vision triangle requirements established to assure adequate sight
distance is maintained for vehicles and pedestrians, pursuant to the provisions of Section 14.16.295.
C. Pen -nits Required. Fences over six feet (6') shall be subject to administrative environmental and
design review, Chapter 14.25 of this title. Note: A building pen -nit may be required for fences over six feet
(6') in height and retaining walls over four feet (4') or that support the adjacent hillside or property
improvements, as determined by the building code.
D. Replacement of Fences and Walls. An existing, nonconforming fence or wall is subject to the
following regulations:
1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep
the fence or wall in sound condition.
2. Alterations and additions may be made to a nonconforming fence or wall, provided that such
addition or alteration is consistent with these fence and 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 that is located in a front yard or street side yard
may be replaced in the same location provided that:
a. The fence was previously permitted or authorized by the city, or existed on or before
January 1, 1992. The property owner shall provide sufficient documentation including photographs, written
testimony, etc. to verify the pre-existing condition.
b. The replacement fence may be rebuilt to its previously existing and documented height,
subject to request and issuance of a zoning verification review letter by the planning division.
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); and
E. Prohibited Materials. In all districts, concertina wire, razor wire, broken glass on top of a fence, and
electrified fences are prohibited. Barbed wire shall not be permitted where abutting residential uses. In
residential districts, wire mesh, chain link and similar fences are prohibited within any yard which fronts a
public street, right-of-way or waterway, except as may be required as an environmental mitigation measure.
F. Temporary Fences. Temporary security fences may be erected around construction sites during the
time a valid building permit is in effect for construction on the premises. Temporary security fences need
not comply with the above regulations and must be immediately removed upon completion of the
construction authorized by the building permit.
Ord. 1923 A-51
G. Non -Residential Fences. An administrative environmental and design review pen -nit shall be
required for all non-residential fences to assure the fence would conform to the design and development
standards of the underlying district.
(Ord. 1838 § 35, 2005; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
Replace existing Section 14.16.220 with amended te-rt, to read as follows:
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 are
clearly secondary or incidental in relation to the primary residential use.
B. Definition. A home occupation is defined as follows: A home occupation is an accessory use of a
dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom
reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof or adversely affect the neighboring
residences. When a use is a home occupation, -it means the owner, lessee or other persons who have a legal
right to the use of the dwelling unit also have the vested right to conduct the home occupation without
securing special permission to do so.
C. Standards. Home occupations are pennitted 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 pennitted to have no more than one full-time equivalent employee, not including members of the
household.
2. No more than twenty-five percent (25%) of the gross area of said residence shall be used for
such purpose. An accessory structure shall not be used for home occupation purposes. Use of a recreational
vehicle or garage for a home occupation is prohibited.
3. No use shall require internal or external alterations or involve construction features or the use
of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in
which the structure is located.
4. There shall be no outside storage of any kind related to the home occupation(s).
5. The home occupation(s) shall be operated to allow no more than one client at a time on-site.
Appointments shall be scheduled at reasonable intervals to maintain a low -intensity use and avoid client
waits. The home occupation(s) may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time. One vehicle, associated with the home occupation(s), may be kept on-site,
within a designated parking area, and shall not exceed two and one-half (2'/2) gross tons in unladen vehicle
weight provided that the business vehicle license number shall be indicated on the certificate of use and
occupancy permit home occupation or similar.
6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced
in an average residential occupancy in the district in question under normal circumstances wherein no home
occupation exists.
7. All home occupations shall be subject to all conditions which are applied in this Title 14
generally, such as off-street parking; and to all other pennits required under the city code, such as building
permits and business licenses.
D. Nameplate Allowed. Up to one nameplate shall be allowed. It may display the name of the
occupant and/or the name of the home occupation (e.g., John Jones ----Realtor). It shall not exceed one
Ord. 1923 A-52
square foot in area, shall be nonilluininated, and attached flat to the main structure or visible through a
window. The limitation to one nameplate applies to all lots, including corner lots.
E. Examples of Uses that Frequently Qualify as Home Occupations. The following are typical
examples of uses which often can be conducted within the limits of the restrictions established in this
chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited
to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a
home occupation): accountant, architect, artist, attorney-at-law, author, beautician/barber, computer repair,
consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring,
insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair, and a cottage
food operation, as defined in Section 113758 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
hints established by the State of California, in compliance with all required environmental health permits
and clearances, and with no more than one full-time equivalent employee not including members of the
household.).
F. Uses that are Prohibited. The following uses by the nature of the business or operation have a
pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations or
cannot operate in compliance with applicable licensing requirements or the home occupation performance
standards and thereby substantially impair the use and value of a residential area for residence purposes
(e.g., the use would generate impacts on the surrounding neighborhood that are more frequent than that
usually experienced in an average residential occupancy in the district under normal circumstances wherein
no home occupation exists. This may include but not be limited to a home occupation that 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 community
development director to be similar in its operations or potential impacts, shall not be permitted as home
occupations:
a. animal keeping for commercial purposes (such as commercial pet sitting, boarding or animal
training);
b. auto repair, minor or major;
c. auto sales;
d. carpentry;
e. dance instruction;
f. dental 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.
1. medical marijuana dispensary, which is not permitted in any district within the city of San
Rafael;
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, 6-21-10)
Add the following new Section 14.16.225:
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
Ord. 1923 A-53
commercial peddler, vendor or itinerant merchant activity that is not proposing to operate from a fixed
location on a commercial site; which are not permitted to operate on private property. See Chapter 10.48 for
the regulations applying to a commercial peddler, vendor and itinerant merchant.
B. Standards.
1. A permanent retail kiosk structure shall be subject to compliance with all site and use, parking
and design review requirements of this Title.
2. Food and beverage kiosks shall include a Marin County Health Department letter of approval.
3. A movable food and beverage small trailer or cart may be pennitted to operate on a
commercially developed site, where a kiosk use may be conditionally permitted by the land use tables of the
underlying district, subject to the recommendation of the department of public works and a detennination
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 walk --ways, driveways or create traffic congestion in the
area.
c. Adequate parking shall be available ror the primary uses on the property with the addition
of the proposed kiosk use (temporary and permanent). The use shall not impact parking demand for the
primary use(s) of the site or obstruct access to required parking spaces, or have a negative impact on site
circulation.
d. A maximum of two employees including the owner shall be permitted to operate the facility;
except that an additional employee may be allowed, as needed, to provide traffic control.
e. The food and beverage equipment shall be approved by the Marin County Health
Department.
f. The trailer or cart associated with the use shall be moved and stored in a permitted screened
location on-site or at an approved off-site commissary location when the business is not in operation.
g. The use may be permitted to operate between the hours of 6AM to 9PM weekdays and 7AM
to 9PM weekends, and subject to further restrictions on the hours of operation as deemed necessary to
mitigate potential traffic or circulation impacts in the area.
Add the following new Section 14.16.227.
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 foot-candle ground level overlap at doorways, one-half foot-candle overlap at walkways
and parking lots, and fall below one foot-candle at the property line.
D. Lighting shall be reviewed for compatibility with on-site and off -sight light sources. This shall
include review of lighting intensity, overlap and type of illumination (e.g., high-pressure sodium, LED,
etc.). This may include a review by the city to assure that lighting installed on private property would not
cause conflicts with public street lighting.
Ord. 1923 A-54
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 Pen -nit 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.
Add the following new Section 14.16.243:
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.
Add die following new Section 14.16.295:
14.16.295 Sight distance.
Fencing, vegetation and improvements shall be established and maintained only in a manner that does
not reduce visibility for the safe ingress and egress of vehicles or pedestrians within a required vision
triangle, e.g., fifteen feet (15') from the curb return at any intersection or driveway, or as determined by the
director of public works. In general, fencing and improvements or vegetation located within the established
vision triangle (as detennined below) shall not exceed a height of three feet (3') as measured above the
adjacent street pavement. The vision triangle shall be kept free of any visual obstruction between a height of
three feet (3') to eight feet (8') above the street grade elevation.
The typical vision triangle area shall be determined as follows:
Illustration 14.16.295
CURB RETURN
15'
CURB RETURN i 0— "S.
15' VISION TRIANGLE
For locations that have obstructions due to unique site constraints or topography, the vision triangle
shall be determined by the director of public works.
Ord. 1923 A-55
Add the following new Section 14.16.305:
14.16.305 Small wind energy systems.
A. Purpose. This section establishes standards to regulate the design and placement of small wind
energy systems on public and private property to minimize the potential safety and aesthetic impacts on
neighboring property owners and the community.
B. Applicability. Standards for small wind energy systems shall apply in all residential, commercial &
office, industrial, planned development, marine, and public/quasi-public zoning districts. Small wind energy
systems shall not be permitted in the parks/open space and water zoning districts.
C. Development Standards.
1. Height. Tower height of freestanding small wind energy system shall not exceed the maximum
height limit above grade established for principal structures in the applicable zoning district, except as may
be allowed through design review and consistent with the provisions of Section 14.16.120. The tower height
shall not include the wind turbine itself. The total extended height shall include the distance above grade to
a blade tip of a wind turbine at its highest point of travel.
2. Setbacks. Small wind energy systems shall be located a minimum distance from all property
lines equal to one-half of the total extended height of the unit above grade or the roof mounting point.
Small wind energy systems may not be located in a front or side yard setback area.
3. Noise. Small wind energy systems shall operate within the noise limitations established in
Section 14.16.320 and Chapter 8.13 of the Municipal Code, except that these limits may be exceeded during
severe wind storms.
4. Access. If a climbing apparatus is present on the tower within twelve feet (12') of grade,
access to the tower shall be controlled by one of the following means:
a. Removal of climbing pegs or rungs within twelve feet (12') of 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.
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 provided by the manufacturer.
D. Abandonment. A wind turbine which is inoperable for six (6) consecutive months or deemed
unsafe by the building official shall be removed by the owner.
Add the following new Section 14.16.307.
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.
Ord. 1923 A-56
2. A solar installation shall include all associated equipment, such as an inverter required to
convert power from direct current "DC" to alternating current "AC" and connections made between the site
and power grid equipment. Associated equipment does not include a substation.
3. The solar installation shall not be placed within any required front or exterior side yard setback
or within a required landscape area. Further, the solar installation shall not require removal of any required
landscaping improvements or native vegetation that is within a required natural state area established
pursuant to the Hillside Overlay District regulations of Chapter 14.12. Landscaping modifications may
require design review approval, pursuant to Chapter 14.25.
4. Consistent with state law (Ca Civil Code Section 714.1 Solar Rights Act, amended 2004),
private covenants, conditions and restrictions (CC&R's) cannot prohibit installation of solar equipment on
buildings.
5. The city may impose reasonable restrictions that do not significantly increase cost of systems
for solar heating more than 20 percent (20%) or photo -voltaic more than $2,000, or decrease efficiency
more than 20 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).
Replace existing Section 14.16.320 with revised text, as follows:
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 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. 1923 A-57
Replace existing Section 14.16.360 with revised text, as follows:
14.16.360 Wireless communication facilities.
A. Purpose. This section establishes standards to regulate the design and placement of towers,
antennas, and other wireless communication transmission and/or reception facilities (hereinafter called
wireless communication facilities) on public and private property to minimize the potential safety and
aesthetic impacts on neighboring property owners and the community, and to comply with applicable state
and federal laws, including the Federal Telecommunications Act of 1996. To fulfill this purpose, this
section is intended to:
1. Establish review and approval requirements, application submittal requirements, and
development standards to regulate the design and placement of wireless communication facilities so as to
preserve the visual character of the city and to ensure public health and safety, consistent with federal law
and Federal Communications Commissions (FCC) regulations.
2. Acknowledge the community benefit associated with the provision of wireless communication
services within the city.
3. Encourage the joint use of new and existing ground mounted facility monopole/tower sites as a
primary option rather than construction ol'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 pen -nit or environmental design review planning
permits shall be required, for the following types of wireless co►rnmunications 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 fagade (i.e., stealth design).
In general, to be deemed architecturally compatible and entirely integrated with the building facade, the
modification shall utilize or improve existing roof -top screening solutions, shall not increase the building
height, and shall be flush with and designed to blend into the existing building walls or facades.
c. Ministerial review shall not apply to modifications of monopoles or towers, new building
additions, extensions, projections, etc. made to existing facilities which the community development
director determines would increase the visual impacts of the facility. This shall include extensions to height
of a facility that exceeds the height limits of the base zoning district. In such instances, an environmental
and design review permit shall be required for the stealth design modifications pursuant to the provisions of
Chapter 14.25.
2. Discretionary Review. A zoning administrator level use permit and an environmental and
design review permit shall be required for the following wireless communication facilities pursuant to the
requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review
Pennits, consistent with the provisions of this section:
a. New ground -mounted facilities (towers and monopoles) or significant additions proposed
to existing facilities that would increase its visual height, overall dimensions and/or lease area (e.g., more
than ten -percent (10%) increase in the existing pennitted 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.
Ord. 1923 A-58
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 section are substantially addressed.
C. Appeals. All discretionary decisions of the community development director, zoning administrator,
or the planning commission may be appealed in accordance with the provisions of Chapter 14.28, Appeals.
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 application 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 commmunity development department, plamiing division public counter hours. A
pre -submittal meeting is encouraged and a re -submittal meeting shall be required. Applications and any
subsequent resubmittals that are not made in person and during scheduled times shall not be deemed
accepted for filing and will be returned.
4. Pre -application or Conceptual Review. A pre -application and/or conceptual review are strongly
recommended prior to submitting formal applications for new ground -mounted monopoles or towers, new
building mounted facilities or projects in less -preferred residential and open space areas.
5. Revised applications. Unless waived by the 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,
Ord. 1923
A-59
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 infonnation:
i. Vicinity map,
ii. Parcel lines of the subject parcel,
iii. Contextual map showing structures on adjacent properties,
iv. Location and naives of adjacent streets and drives proposed to serve as access to the
facility,
v. Topography of the subject parcel and location of any drainages within or adjacent to
the site,
vi. Location of all existing buildings, structures, utilities, parking areas, significant trees
and other natural forms, or other features which might affect the proposed use of the property,
vii. Setbacks of proposed structures and improvements from the property lines,
viii.Location and height of required cuts and fills for the grading of land and any retaining
walls proposed,
ix. Location of proposed development including all towers, structures, buildings, utility
line extensions, driveways or roads, and parking areas,
x. Schematic drainage and grading plan, and
xi. North arrow, graphic scale, the applicant's name, assessor's parcel number and date
prepared.
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, fonnat, 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 -
Ord. 1923 A-60
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 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 development director
determines, pursuant to the provisions of Section 14.16.360.B.3, would require only an administrative level
environmental and design review permit.
G. General Location Standards. The most desirable location for new wireless communication facilities
is co -location on existing facilities or buildings. All wireless communication facilities shall be sited to avoid
or minimize land use conflicts in compliance with the following standards:
1. Preferred Locations. The following list of preferred locations for wireless communication
facilities is in order of preference from most to least preferred: Industrial, public or quasi -public,
commercial and office zoning districts are the preferred locations.
2. Less Preferred Locations. The following less preferred locations are listed in order of
preference from most to least preferred: Parks or open space and residential zoning districts.
3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within
residential, designated open space or conservation areas unless sufficient technical and other information is
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:
Ord. 1923 A-61
a. The location of the proposed facility site is essential to meet the service demands of the
carrier and no other alternative co -location, existing development or utility facility site, or type of antenna
support structure is feasible. This shall be documented by the applicant providing a list of the locations of
preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure
these preferred sites, and the specific reasons why these efforts and measures were unsuccessful.
b. The use of a monopole for the proposed facility by itself or in combination with other
existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use
compatibility, visual resources and public safety.
4. Avoid Significant Buildings and View Sheds. Wireless communication facilities shall not be
located on historically or architecturally significant structures unless visually and architecturally integrated
with the structure, and shall not interfere with prominent vistas or significant public view corridors.
H. Design Requirements.
1. Co -Location. All new wireless conununication facilities service providers shall co -locate with
other existing and/or planned new wireless communication facilities whenever feasible. Service providers
are encouraged to co -locate with other existing facilities such as water tanks, light standards and other
utility structures where the co -location is found to minimize the overall visual impact of the new facility.
2. Stealth Design. All wireless conununication facilities shall have a stealth design to screen or
reduce visual impacts and blend the facility into the existing environment. Examples of stealth design are
facade -mounted antennas located within architectural features so they are screened from view, or an
antenna design that mimics architectural features so they appear to be architecturally integrated as a part of
the building design, or facilities with colors and materials to minimize visibility such as a non -reflective
finish in a color compatible with the surrounding area. Stealth tower, monopole or building design should
seamlessly integrate with its setting and/or building fagade. A seamless integration would include fagade
mounted facilities that are flush with the existing building wall or window plane and that are finished to
match the existing textures and finishes, or a high-quality faux tree or similar monopole/tower design that
would match existing surrounding vegetation or site characteristics. Referral to the design review board
may be required to confirm whether a particular design solution would clearly integrate into an existing
building or site and meet the intent of stealth design.
3. Ground -Mounted Facilities. All new ground -mounted wireless communication equipment,
antennas, poles, dishes, cabinet structures, towers or other appurtenances shall be:
a. Co -located on existing structures to the extent feasible. Co -location is preferred over new
monopoles or other towers erected specifically to support wireless communication facilities unless technical
evidence demonstrates that there are no other alternative sites or feasible support structures or the use of a
monopole or tower would avoid or minimize adverse effects related to the view shed, land use
compatibility, visual resources and public safety.
b. Sited to be screened by existing development, topography or vegetation to the extent
consistent with proper operation of the wireless coininunication 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) 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.
Ord. 1923 A-62
c. Whenever possible, base stations, equipment cabinets, back-up generators, and other
equipment associated with building -mounted antennas shall be installed within the existing building or
underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or
otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend
with the surrounding natural and built environment.
5. Signage. No advertising signage or identifying logos shall be displayed on any wireless
communication facility except for small identification plates used for emergency notification and legally
required hazard warnings.
6. Waiver Request. A waiver from these requirements may be requested if the applicant can show,
by substantial evidence, that compliance with a particular requirement is technologically infeasible or
would result in an unreasonable interference with signal quality. The applicant will be required to prove that
there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review
conducted by a qualified RF engineering consultant selected by the city and paid for by the project
applicant.
I. Development Standards.
1. Height. The maximum height of building -mounted antennas shall be in compliance with the
height limitations for the zoning district in which they are located. An exception to antenna height may be
granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of
the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and
mechanical screening features related to wireless communication facilities, shall be regulated subject to
Section 14.16.120 of this chapter.
2. Setbacks.
a. Towers, guy wires, and accessory structures, including equipment cabinets, shall comply
with the setback requirements of the applicable zoning district. Towers and support structures shall be
located a minimum of two hundred feet (200') or at least three (3) times the height of the tower, whichever
is greater, from existing residential units or vacant residentially zoned property.
b. Building -mounted facilities may be permitted to extend up to two feet (2') horizontally
beyond the edge of the structure regardless of setback requirements through the application review process,
provided that the antenna does not encroach over an adjoining parcel or public right-of-way or otherwise
create a safety hazard.
J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night
maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting
shall be constructed or located so that only the intended area is illuminated and off-site glare is fully
controlled.
K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and
enhances existing vegetation and provides new landscape material to screen proposed facilities through the
following measures:
1. The emphasis of the landscape design shall be to visually screen the proposed facility and
stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible
with the predominant natural setting of the adjacent area.
2. Existing trees and other screening vegetation in the vicinity of the proposed facility shall be
protected from damage both during and after construction. Submission of a tree protection plan prepared by
a certified arborist may be required.
3. All vegetation disturbed during project construction shall be replanted with compatible
vegetation and soils disturbed by development shall be reseeded to control erosion.
4. Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan.
The city may impose a requirement for a landscape maintenance agreement as a condition of approval.
L. Noise. Wireless communication facilities shall be constructed and operated in a manner that
minimizes noise. Noise reduction shall be accomplished through the following measures:
1. Wireless communication facilities shall operate in compliance with the noise exposure
standards in San Rafael Municipal Code Chapter 8.13, Noise.
Ord. 1923
A-63
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 pennissible 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 conununication 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
conununication facilities. The city will contract to perform the testing with a qualified expert and the
owners or operators shall bear the proportionate cost of testing for its facility. The city will establish
procedures for:
a. Scheduling the five-year review period;
b. Hiring an expert to perforin RFR testing;
c. Collecting reasonable fees; and
d. Enforcement actions for nonpayment of fees.
3. Notification of Abandonment of Use. The owner or operator of an approved wireless
conununication 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.
Ord. 1923 A-64
N. Definitions.
1. "Ground Mounted Facility" means a monopole, tower or any structure built for the sole or
primary purpose of supporting FCC -licensed wireless communications facility antenna and their associated
facilities. Wireless antenna facilities and equipment that are mounted onto an existing structure, including
existing utility poles, shall be considered building mounted co -located on an existing structure.
2. `Base station" consists of "radio transceivers, antennas, coaxial cable, a regular and back-up
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).
Replace existing Section 14.16.3 70 with revised tact, as follows:
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 adopted and periodically amended, and designates MMWD, the local water provider, to
implement, enforce, and monitor the requirements of this ordinance. For projects that are subject to the
water -efficient landscape requirements, the city defers to MMWD to administer the provisions of this
chapter, which include:
1. The application and monitoring of a "maximum applied water allowance," that is established for
applicable projects.
2. The review of required landscape and irrigation plans, specifications and supportive documents
prepared for applicable projects for compliance with water -efficient landscape restrictions, including
limitations on the type and amount of landscape materials and plant species.
3. The review, inspection and approval of landscape and irrigation that is installed for applicable
projects to ensure compliance with the approved landscape and irrigation plans and specifications.
4. The post -installation monitoring of water usage for irrigation by applicable projects.
B. Applicability. The provisions of this section and the MMWD Ordinance 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 to or greater than five thousand (5,000) square
feet;
3. Any new nonresidential construction projects exceeding one thousand (1,000) square feet of
landscaped area;
4. Any project that proposes new or rehabilitated landscapes which are developer -installed in
nonresidential developments where the proposed landscape area is equal to or greater than two thousand
five hundred (2,500) square feet.
C. City Review of Applicable Projects. City review of applicable projects shall be processed as
follows:
1. Projects Requiring Approval of an Environmental and Design Review Permit. When an applicable
project is subject to an environmental and design review permit pursuant to chapter 14.25 of this title, the
landscape and irrigation plans required by and submitted with this permit application shall be designed and
prepared to comply with the provisions and requirements of MMWD Ordinance as adopted and periodically
Ord. 1923 A-65
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 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 MM".
Ord. 1923 A-66
CHAPTER 14.17 — PERFORMANCE STANDARDS
Replace existing Section 14.17. 010 containing revised text, as follows:
14.17.010 Specific purposes.
Performance standards provide criteria for issuing administrative use pen -nits and certain other use
permits that require minimal discretion and review. (See Chapter 14.21 for additional information on the
administrative use permit process.) The performance standards listed in this section are intended to
explicitly describe the required location, configuration, design, amenities and operation of specified uses.
The performance standards also mitigate potential adverse impacts on the neighborhood and maintain
harmonious uses in the area. The performance standards are consistent with the goals and policies of the
general plan.
Replace existing Section 14.17.020 containing revised text, as follows:
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:
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 maybe subject to the following
types of standards:
1. Requirements for identification of animal guardianship, such as tagging or microchipping;
2. Requirements for spaying or neutering of animals;
3. Requirements for fences or fenced stockade areas;
4. Requirements regarding provision of food and water supply, such as supply locations,
requirement for closed, rodent -proof containers, etc.;
5. Requirements to secure or sequester animals in shelters during specified hours of the day or
night to minimize possible noise impacts;
6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces
and urine;
Ord. 1923
A-67
7. Requirement that all places and premises where the animal is to be kept shall be open at all
reasonable times and places to the inspection of the code enforcement manager or code enforcement officer,
or other code enforcement officials, and the county health officer;
8. Verification of receipt of appropriate California Department of Fish and Game permits;
9. Verification of required vaccinations.
In approving the application for an administrative use permit for the keeping of animals, the community
development director may impose additional conditions that are deemed necessary to ensure the permit will
be in accordance with the findings required by Section 14.21.080.
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.
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).
Add new Section 14.17.120, as follows:
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 view.
2. Outdoor storage shall not be placed within required yard setbacks, landscape or parking areas
required for the use or site.
3. Outdoor storage may also be subject to design review, as required by Chapter 14.25.
B. An "outdoor storage" land use is not permitted within a residential district. Temporary placement of
moving or storage containers or debris boxes on a residential property, within a driveway or required yard
area, may be allowed for a limited duration, generally not to exceed 90 days, or as otherwise provided under
the terms of a building permit issued for the site.
Ord. 1923 A-68
Replace Section 14.17.130 containing revised text, as follows:
14.17.130 - Temporary uses.
A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or
less) of activities on privately or publicly owned property with appropriate regulations so that such
activities will be compatible with surrounding areas.
B. Applicability. Performance standards for specified temporary uses shall apply in any district where
a temporary use is a conditional use. Performance standards for temporary uses shall be administered
through an administrative use permit in all commercial, office and industrial zoning districts, or a use
permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an
approved or valid development plan). The following temporary uses are subject to performance standards:
1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for
periods not exceeding thirty (30) consecutive calendar days;
2. Trailers/mobilehomes that provide residences for security personnel associated with any
construction site;
3. Trailers/mobilehomes that provide offices for the following temporary uses:
a. Temporary or seasonal businesses such as carnivals or Christmas tree sales,
b. Business offices or sales facilities where construction of a permanent facility is being
diligently completed,
c. Construction offices where construction is being diligently completed,
d. Real estate offices on-site of a proposed subdivision until such time as the notice of
completion is filed with the building inspection division,
e. Financial or public utilities that are required to maintain a place of business at a location at
which no permanent structure suitable for the purpose is available;
4. Fairs, festivals, concerts, farmer's markets, swap meets or other special events when not held
within premises designed to accommodate such events, such as auditoriums, stadiums or other public
assembly facilities;
5. Similar temporary uses which, in the opinion of the 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 (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.
Ord. 1923
A-69
3. The proposed site is adequately served by streets having sufficient width and improvements to
accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will
be available either on-site or at alternate locations acceptable to the 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 development 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 subnnitted 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 pen -nit 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, 6-21-10)
Ord. 1923 A-70
CHAPTER 14.18 — PARKING STANDARDS
Replace Section 14.18.040 and Chart 14.18.040 containing revised text, as follows:
14.18.040 Parking requirements.
A. Off-street parking shall be provided in accord with the following chart. Where the specific use in
question is not listed, the community development director shall determine if another similar use exists
which may be used to select an appropriate parking standard. In order to make this determination, the
community development director may require the submission of survey data from the applicant or collected
by the community development department, planning division at the applicant's expense. Parking surveys
conducted for this purpose shall be subject to the review and recommendation by the department of public
works.
B. Parking Modification. The parking requirement for any specific use listed may be modified so as to
provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such
modification 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 parking assessment district, see also Section 14.18.060,
downtown parking assessment district, for additional information on parking requirements. For properties
located in the downtown, west end and environs area, see Section 14.18.061 (Downtown's West End and
environs), for additional information on parking requirements.
D. In addition to the off-street parking requirements listed below, off-street loading and unloading
shall be provided for certain uses in accord with Section 14.18.050, Off-street loading and unloading.
E. For properties in the downtown area, residential parking is not required to be covered.
F. Off-street parking is not required for FAR increases up to ten percent (10%) of the building or
seven hundred fifty (750) square feet, whichever is larger, as granted under Section 14.16.150(G)(2)(b).
Chart 14.18.040
Use Classification Off -Street Parking Required
Note: No parking is required for up to 3 units in the
parking assessment district, provided the units are an
infill addition to an existing nonresidential structure,
and that the units are 2 bedroom or less and no larger
than 900 square feet in size.
2 covered spaces per unit.
On streets less than 26 feet wide, a minimum of two
additional on-site parking spaces shall be provided
(not on the driveway apron) per unit. These spaces
should be conveniently placed relative to the dwelling
unit which they serve. This requirement may be
waived or reduced by the hearing body when the size
or shape of the lot or the need for excessive grading or
tree removal make the requirement infeasible.
1 covered space per unit.
Residential
Single-family residential
Single-family residential, hillside
Studio (duplex unit), 500 sq. ft. or less in size
Studio (duplex unit), more than 500 sq. ft. in size
Studios (multifamily unit)
One -bedroom units
1.5 spaces per unit (including 1 covered sp_ ace).
Downtown: 1 space per unit.
1 covered space per unit.
1.5 spaces per unit (including 1 covered space).
Downtown: 1 space per unit.
Ord. 1923 A_7
Two-bedroom units
Less than 900 sq.
ft.
900 or more sq. ft.
Use Classification
Three or more bedroom units
Guest parking, multifamily
Parking
Assessment
District
1 space
1.5 spaces
Mobilehome parks
Senior housing projects
Emergency shelters for the homeless, permanent:
Residential district
1 - 5 beds
6 10 beds
11 -15 beds
Conunercial and light industrial/office districts
1-10 beds
11--20 beds
21-30 beds
Emergency shelters for the homeless, temporary or
rotating
Emergency shelters serving children and/or families
with children
Residential care facilities for the nonhandicapped:
Small (0 6 clients)
Large (6-10 clients)
Rooming or boarding houses
Second dwelling units:
Studio or one -bedroom unit
Two or more bedroom unit
Visitor accommodations
Bed and breakfast inns
Hotels or inotels
Hotels, convention or hotels with banquet, restaurant
or meeting facilities, etc.
Day care
Downtown
San Rafael
(Outside District)
(Outside
Downtown)
1.5 spaces
2 spaces (1
covered)
1.5 spaces
2 spaces ( I
covered)
Off -Street Parking Required
2 spaces per unit (including 1 covered space).
1 space per 5 units. Note: Guest parking not required
downtown, unless within 200 feet of a residential
district.
2 covered spaces per unit.
.75 space per unit, or as specified by use pen -nit.
1 space for each employee on maximum staffed shift
plus 1 space per five beds:
1 space plus staff parking.
2 spaces plus staff parking.
3 spaces plus staff parking.
1 space for each employee on maximum staffed shift
plus 1 space per 10 beds:
1 space plus staff parking.
2 spaces plus staff parking.
3 spaces plus staff parking.
As specified by use permit.
1 space per family based on maximum program
capacity plus 1 space per employee on the maximum
staffed shift.
See single-family residential.
1 space for each five clients plus 1 space for each staff
person, visiting doctor or employee on maximum
staffed shift.
1 space for each guest room or as determined by
parking study.
1 space.
2 spaces.
2 spaces plus 1 space per bedroom.
1 space per sleeping room plus 1 space for manager
plus 1 space for every 2 employees.
Parking in addition to the hotel requirement is
required, as determined by a parking study. Parking
requirement as specified in use permit.
Ord. 1923 A-72
Use Classification
Family day care home (small)
Family day care home (large)
Day care center
General commercial uses
Retail sales (non -bulky items)
Retail sales (bulky items, such as machinery,
furniture, vehicles, etc.)
Shopping centers
Animal care facilities
Food and beverage service establishments, excluding
fast food restaurants
Fast food restaurants
Funeral and interment services
Motor vehicle sales and service:
Coin -op washing
Gasoline stations
With minor repairs such as tune-ups, brakes,
batteries, tires, mufflers
With mini -market area
Rentals
Repairs, major and/or minor
Sales, new or used vehicles
Music rehearsal/recording studios
Personal service establishments
Barber/beauty shop./nail salon
Dry cleaning establishment
Off -Street Parking Required
No requirement.
Minimum 2 spaces. The required parking for the
dwelling unit shall count as the required parking for
family day care.
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.
1 space per 250 gross building sq. ft.
1 space per 400 gross building sq. ft.
1 space per 250 gross building sq. ft.
1 space per 300 gross building sq. ft.
1 space for each 50 sq. ft. of floor area intended for
public use.
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.
1 per each 35 sq. ft. of floor area for assembly rooms
plus 1 space for each employee, plus 1 space for each
car owned by such establishment.
1 space at each washing stall and vacuum stall.
3 spaces per station, plus.
2 spaces per service bay.
1 space per 250 sq. ft. of gross retail.
1 space per 500 gross sq. ft. of floor area plus 1 space
per 1,000 sq. ft. of outdoor rental storage area.
1 space per 500 sq. ft. or 3 spaces per service bay
(each service bay may count as one of the parking
spaces), whichever is greater.
1 space per 400 gross building sq. ft. excluding auto
repair area; plus, for repair portions of the building:
1 space per 500 gross building sq. ft., or 3 spaces per
service bay for automobile repair (each service bay
may count as one of the parking spaces), whichever is
greater, or 1 space per 2,000 sq. ft. open lot area,
whichever is greater.
1 space per 500 gross building sq. ft.
1 space per 250 gross building sq. ft.
2 spaces per chair or workstation.
2 spaces plus 1 space for each employee.
Ord. 1923
A-73
Use Classification
Laundry (self service)
Recreation facilities (indoors)
Bowling alleys
Game arcades
Health clubs and gymnasiums
Poolhalls/billiards
Theaters
Offices and related uses
Financial services and institutions
Medical services:
Clinics
Hospitals
Major medical facilities, including extended care
facilities
Offices, excluding mental health practitioners
Offices, mental health practitioners
Administrative, business and professional offices
Industrial
Industrial uses
Light industrial/office inixed-use:
Light industrial sq. ft. of building
Office sq. ft. of building
Mini -storage
Public utility facilities
Storage, warehousing and distribution
Wholesale and distribution
Marinas
Public/quasi-public uses
Libraries, museums and other cultural facilities
Off -Street Parking Required
1 space for each 2 washing machines and/or dry
cleaning machines.
4 spaces for each bowling lane plus additional spaces
for other uses.
1 space for each 5 coin-operated amusement devices.
1 space per 250 sq. ft. of gross building sq. ft.
2 spaces for each table or as determined through a
parking study.
Parking study required. Parking subject to the
approval of the community development director or
the hearing review body for the development.
1 space for each 200 sq. ft. gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building
sq. ft.
1 space per 225 gross building sq. ft.
Parking study required.
Parking study required.
1 space per 225 gross building sq. ft.
1 space per 250 gross building sq. ft.
1 space per 250 gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building
sq. ft.
1 space per 500 gross building sq. ft.
1 space per 500 gross building sq. ft.
1 space per 250 gross building sq. ft.
Parking study required. Subject to approval by the
community development director or hearing review
body for the development
Parking study required. Subject to approval by the
community development director or hearing review
body for the development.
1 space per 500 gross building sq. ft.
1 space per 500 sq. ft. gross building sq. ft.
3 spaces for every 4 boat slips. Plus parking for
support uses in the marina, such as restaurants or retail
uses.
Parking study required. Subject to approval by the
community development director or hearing review
body for the development.
Ord. 1923 A-74
Use Classification
Public service and utility
Religious institutions
Schools (Note: The following are guidelines for public
schools)
Parochial, private
K-8
9 12
Vocational, business trade schools
Performing arts or other
Transportation facilities
Bus stations, park and ride facilities, public transit
stations
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part),
(Ord. No. 1882, Exh. A, §§ 65, 66, 6-21-10)
Off -Street Parking Required
Parking study required. Subject to approval by the
community development director or hearing review
body for the development.
1 space per 4 seats.
3 spaces per classroom or 1 space per 100 sq. ft. of
auditorium space, whichever is greater.
1 space for each 4 students based on maximum school
capacity, or as specified by use permit.
1 space per 150 gross building sq. ft.
1 space per 250 gross building sq. ft.
Parking study required. Subject to approval by the
community development director or hearing review
body for the development.
1992).
Replace existing Sectio: 14.18.045 containing revised text, as follows:
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
Number of Required
of Parking Spaces
Clean Air Vehicle Spaces
0- .9
0
10-25
_I 1
2650
3
51-75
6
76---100
8
101-150
j 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
Ord. 1923
A-75
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)
Revise the e_risting Sub -Section 14.18.130.D contained within: existing Section 14.18.130 Parking facility
dimensions and design, Tree wells standards as follows.
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.
Replace existing Section 14.18.160 and Illustration 14.18.160, as follows:
14.18.160 Parking lot screening and landscaping.
New or substantially renovated parking lots with more than five (5) spaces shall provide landscaping in
accordance with the following standards. Substantially renovated parking lots shall be those for which
paving material and curbing is removed and the resulting lot is reconfigured. The following provisions
shall also be used as guidelines for parking lot improvements on remodel projects.
A. Screening. Parking areas visible from the public right-of-way shall be screened to headlight height
through the use of landscaped earth berms, low walls, fences, hedges, or combination thereof, with trees
and plantings, or similar means. Fences, walls, and hedges need not be solid.
B. Minimum trees. A minimum of one (1) canopy tree shall be provided for every four (4) parking
spaces. Trees shall be distributed throughout the parking area to shade cars and paved areas. Clustering of
trees may be considered subject to approval of the decision making body, where it is demonstrated that the
intent will be met to provide ample shading and screening of parking areas and enhance the visual
appearance of parking lots. In downtown, this section does not apply to parking lots for twenty (20) or
fewer cars, and the standards in this section may be reduced for parking lots for twenty-one (21) to forty
(40) cars, subject to recommendation by the design review board and approval of a minor design review
pen -nit.
C. Tree Selection and Distribution. Parking lot trees shall be selected and located to achieve maximum
shading of paved surfaces, through utilization of the following techniques:
1. Distribute trees uniformly throughout parking areas, incorporating use of regularly spaced
finger islands (see illustration below) and landscape medians between parking rows to the extent
practicable.
2. Cluster trees on southerly and westerly perimeters of parking lots.
3. Provide minimum tree canopy diameters of fifteen feet (15') and include tree species with large
canopy diameters, e.g., greater than thirty feet (30').
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 accotrnnodated 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.
Ord. 1923 A-76
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 (750 0) 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 year maintenance contract and warranty for tree growth, and provide
documentation of such to the cormnunity 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 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.
Ord. 1923
A-77
Illustration 14.18.160
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
Replace existing Section 14.18.170 with revised test, as follows:
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).
Replace existing Section 14.18.240 with revised text, as follows:
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 nonconfonning 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
Ord. 1923 A_78
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 nonconfonning structure which has been damaged or destroyed more than seventy-five percent
(7590') 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. Detennination 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. 1923
A-79
CHAPTER 14.19 — SIGNS
Replace existing Section 14.19.055 with revised text, as follows:
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 Pennitted. All lighting shall comply with current electrical code requirements.
The following types of illumination are pennitted:
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 forniing 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 reconunendation 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 detennined that the illumination is too bright and adversely impacts adjacent properties and
uses, the city can require a reduction and"or adjustment in the intensity of the sign illumination, so that it is
in keeping with the general level of illumination on surrounding properties.
D. Illumination that is Prohibited. The following types of illumination are prohibited:
1. Blinking, flashing or fluttering lights or illumination that has a changing light intensity,
brightness or color;
2. Animation or moving messages;
3. Searchlights.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
Replace existing Section 14.19.0 70 with revised text, as follows:
14.19.070 Temporary signs.
The city recognizes that temporary signs are often used as a means of communicating messages,
whether commercial or noncommercial, as to certain temporary or short term matters or events such as
commercial promotions, special events or activities, elections and current events. The regulations in this
section are intended to allow the expression of such communications while minimizing the adverse
aesthetic or public safety impacts that may be caused by the uncontrolled proliferation and abandonment of
such signs, such as visual clutter, traffic obstruction and accumulation of debris. The following signs are
considered temporary and may be posted on site for a limited period of time in accordance with the
provisions of this chapter. Unless noted below as not requiring sign permit approval, temporary signs
require the approval of a sign permit prior to being installed or erected:
A. City -Installed Banners. Banners, signs, and associated supporting structures installed by the city for
events and announcements, which are placed across or over a public street, or affixed to street light poles.
The location, placement and provisions for such banners, signs and supporting structures shall be
Ord. 1923 A-80
established by standards and subject to fees, as set forth by resolution of the city council from time to time.
No sign permit is required.
B. Noncommercial Signs. Temporary signs bearing ideological, political or other noncommercial
message, including, but not limited to, political and election signs may be located on a site or place of
business. The total sign area permitted per site or place of business shall not exceed thirty-two (32) square
feet. Noncommercial signs may be displayed for a maximum of ninety (90) days per calendar year. Signs
relating to an election shall be removed no later than ten (10) days following the election. No sign permit is
required.
C. Real Estate Sale and Leasing Signs. Temporary real estate sale and leasing signs shall be subject to
the following:
1. On -Site Display. Ground -mounted or placed on the building, not exceeding five (5) square feet
and one in number per building for single-family, duplex residential and multiple -family residential uses.
On-site display signs shall not exceed twenty (20) square feet and two (2) in number for all nonresidential
uses.
2. Off -Site Display. A -frame or ground -mounted, placed off-site such as for announcement of an
open house, not exceeding five (5) square feet in size. Open house signs shall be permitted between the
hours of ten a.m. (10:00 a.m.) and seven p.m. (7:00 p.m.) on Saturdays, Sundays, Thursdays (brokers open)
and holidays, and shall be limited to five (5) in number.
3. No real estate sign shall be placed in the public right-of-way, which includes the sidewalk,
travel or parking lane and center median of a street.
4. No sign permit is required.
D. Special Function and One -Time Event Signs. Signs, posters and notices for special functions and
one-time events are permitted subject to the following:
1. A maximum of two (2) signs, not exceeding ten (10) square feet in area for each sign;
2. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on
utility poles, streetlights or fences located on public property;
3. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days
after the function or event;
4. In no instance shall a sign for a special function or one-time event be displayed for more than
thirty (30) days;
5. Signs displayed or placed in a window shall not exceed twenty-five percent (254°0) of the
window area;
6. No sign permit is required.
Examples of special function and one-time event signs include, among others, signs displaying a special
sale, grand opening, business closing, garage, yard or estate sale, meetings, or fundraisers.
E. Temporary Banners. Banners may be displayed by businesses and uses on a temporary basis in all
zoning districts, except in the single-family residential, duplex residential and multiple -family residential
districts, subject to the following permit requirements and criteria:
1. A sign permit is required and must be obtained prior to the display of a temporary banner. The
submittal requirements for a sign permit for temporary banners are as follows:
a. A complete application form;
b. A photograph of the site showing the proposed location of the banner(s);
c. Three (3) sets of drawings denoting the banner, the location of the banner as it would
appear on the building or property, the total banner area (length and width), the linear street frontage of the
business or use for multiple -tenant buildings, proposed illumination and method of banner attachment.
These drawings need not be prepared by a professional architect or draftsperson, but shall include all
appropriate dimensions and/or scale;
d. A completed and signed (by the business owner) 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:
Ord. 1923
A-81
a. One banner, up to a maximum size of thirty-two (32) square feet is pennitted per business
or use frontage. Businesses or uses with two (2) frontages are permitted two (2) banners authorized under
one sign permit, provided that both banners have the same beginning and expiration dates, are each placed
on separate frontages, and neither banner exceeds thirty-two (32) square feet. Temporary banners shall be
excluded from the calculations of the maximum, total permanent sign area for a business or use permitted
by the sign ordinance (San Rafael Municipal Code Title 14, Chapter 19).
b. No banner, in whole or in part, shall include, via attachment or any other means,
windblown devices intended to attract attention such as posters, pennants, ribbons, streamers, strings of
light bulbs, spinners, balloons, or other inflatable objects.
c. Temporary banners may be displayed for a maximum of sixty (60) days per calendar year,
which can occur all at once or in increments. A separate sign permit shall be required for each increment.
Extensions of an approved sign permit for a temporary banner may be granted, provided that the banner
does not change, the extension request is received in writing no less than two (2) working days prior to
expiration, and the maximum sixty (60) clay 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 barrier 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 encroaclvnent 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 barrier placed on an awning), provided that it does not project to within two feet (2') of the curbline
of the street or vehicular roadway.
h. If a banner is illuminated, the illumination shall be located and directed so that it does not
create glare, or be capable of reflecting light or directing such light onto or into any adjoining or nearby lot,
structure or public right-of-way. When spotlights or floodlights are used to illuminate a banner, a reflector
shall be provided with proper shields or glass lenses concentrating illumination upon the area of the banner,
so as to prevent glare upon the street, sidewalk or adjacent property. Flashing lights that change color or
intensity are prohibited. All lighting shall comply with National Electric Code (NEC) requirements.
i. Banners shall be permitted for announcement or advertisement associated with the on-site
business or use only. This requirement shall be tenant -specific for multiple -tenant buildings.
j. Banners shall comply with the sign location and placement provisions of the sign ordinance
(San Rafael Municipal Code Sections 14.19.053(B) and (C)), which prohibits signs from obstructing exits,
windows and safety equipment, and requires that signs maintain adequate sight distance.
k. As regulated by Sections 14.19.080(F), (H) and (L) of this chapter, banners are prohibited
from displaying statements, words or pictures that are obscene or offensive to morals, are imitative of
official signs, or are likely to cause traffic confusion or traffic hazard.
F. Temporary Construction Signs. Maximum of two (2) in number per site and no more than thirty-six
(36) square feet per sign. No illumination is permitted. Examples of such signs include, among others, signs
displaying the construction project, the parties involved in the construction, and subdivision or development
sales. Such signs are subject to the approval of a sign permit and shall be permitted through the duration of
construction and sales and shall be removed no later than one month following completion of construction,
or following the last sale. This temporary sign provision does not apply to the required posting of a sign
giving notice of the city of San Rafael noise restrictions (Section 8.13.050).
G. Temporary, Portable A -Frame Signs in the Downtown Districts. The location, placement and
provisions for temporary, portable A -frame signs permitted in the downtown districts shall be established
by standards and subject to fees, as set forth by resolution of the city council from time to time.
H. Temporary Use Signs. Signs for temporary uses such as but not limited to outdoor, temporary or
seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location and
Ord. 1923 A-82
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-comunercial display such as artwork or commercial message announcing "under
construction", "coining soon", or similar information related to a project under construction. This signage
shall be subject to prior review and approval of a temporary sign permit by the community development
director to assure that sign content, message size or proposed artwork design, materials, colors, type and
duration are appropriate and would enhance the appearance of the streetscape during the period of
construction or temporary vacancy. In general, any message content should not exceed twenty-five percent
(25%') of available 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. 1923 A-83
CHAPTER 14.25 — DESIGN REVIEW
Replace existing Sectio: 14.25.040 with revised text, as follows:
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 hnprovements.
1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi -public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units, where the
addition constitutes more than forty percent (40%) of the total square footage of the building,
b. Additions and alterations to existing nonresidential structures where the addition is greater
than forty percent (40%) of the existing square footage. (Note: The community development director may
determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the
visual character or function of a building is subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more
existing dwelling units,
d. Second dwelling units, as prescribed by Section 14.16.285.C.9;
3. Major site design improvements, including but not limited to:
a. Subdivisions located on properties with an average slope of twenty-five percent (25%) or
greater, or with a general plan land use designation of hillside residential or hillside resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two
thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in
accordance with an approved and legally effective tentative and/or final subdivision map, and a legally
effective building pen -nit.) (Note: A use permit is also required where the principal use proposed is cutting
or filling.),
c. Landscaping as part of a development subject to major environmental and design review,
d. Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles
on a development subject to major environmental and design review,
e. Signs for a development subject to environmental and design review. The sign permit
application shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs;
4. Development subject to review as a major physical improvement pursuant to any other
provision of this title;
5. Murals and mural signs painted on the exterior surface of a wall of an existing or new structure.
6. Wireless teleconununications facility, as prescribed under Section 14.16.360.B.
B. Minor Physical Improvements.
1. New construction and modifications, including, but not limited to:
a. Any new residence or residential additions over five hundred (500) square feet in size, 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,
Ord. 1923 A-84
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 (400.-0) or less than the total square footage of the building,
e. New two-story single-family and duplex residential structures proposing an upper story
level over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria),
f. Upper -story additions to single-family and duplex residential structures over five hundred
(500) square feet in size (See Section 14.25.050.F.6. for design criteria),
g. Accessory structures on developed non-residential properties over one hundred twenty
(120) square feet in size;
h. Accessory structures on developed multi -family residential properties over two hundred
forty (240) square feet in size,
i. New construction or reconstruction of boat docking facilities,
j. Additions and alterations to existing nonresidential structures 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,
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);
1. Wireless communications facilities, as prescribed under Chapter 14.16.360.B.
2. Minor site design improvements, including, but not limited to:
a. Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards
per site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per
site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective
tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also
required where the principal use proposed is cutting or filling.),
b. Landscaping, exterior lighting, fencing, and retaining walls over four feet (4') high,
proposed as part of a minor physical improvement subject to environmental and design review,
c. Landscape revisions detennined 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;
3. Development subject to review as a minor physical improvement pursuant to any other
provision of this title.
C. Administrative Design Permits.
1. Decks, or additions to existing decks, higher than thirty inches (30") above grade, located on
residential lots with average slopes of twenty-five percent (250-0) 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,
Ord. 1923
A-85
b. Not visible from the public street or adjacent properties, or
c. Replacing an existing elevated deck with a deck of same size and configuration;
2. New single-family residences located on a flag lot,
3. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size
or that include addition of a bedroom,
4. Conversion of a single-family residence to a duplex,
5. Design changes to projects that previously obtained Design Review approval. This includes
modifications to upper story additions, modifications to windows or architectural, site design or landscaping
changes. Based on the scope and potential impact of the change(s), the level of review may be increased by
the community development director.
6. Outdoor eating areas (as prescribed by Section 14.17.110
7. Minor exterior alterations to a structure or development, which are subject to environmental
and design review, that, in the opinion of the community development director, have minimal impacts on
the visual character or function of the building or development,
8. Satellite dishes over the height limit in a multifamily or nonresidential district,
9. Fences over six feet (6') in height (residential and nonresidential), and as set forth under the
criteria in Section 14.16.140
10. Nonresidential fencing proposed to be located in a front yard or between the principal building
and public street frontage(s),
11. Detached accessory structures located on hillside residential lots with slopes of twenty-five
percent (25%) or greater or located in areas with a general plan land use designation of hillside residential
or hillside resource residential,
12. Retaining walls over three feet (3') in height (measured from the top of the footing or finished
grade, as detennined by the coininunity development director, to the top of the wall) located on a hillside lot
as identified in Section 14.12.020 (-H hillside overlay district) of this title, or located within one hundred
(100) vertical feet of a ridgeline,
13. Minor landscaping or grading modifications to a hillside lot or ridgeline lot, including retaining
walls three feet (3') or less in height that would potentially impact the hillside character of the site, to assure
compliance with the -H overlay district property development standards,
14. Minor landscaping revisions to existing or approved multifamily or nonresidential development
that are determined to alter the character of the site,
15. Minor modifications to existing parking lots (reconfiguration or expansion),
16. Exterior repainting and refinishing on a development which significantly deviates from the
color scheme and/or palette previously approved through an environmental and design review permit, or on
structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are
not from the approved earthtone-woodtone list,
17. Outdoor storage areas,
18. Design changes to dwelling units that were existing or approved as of January 1991 and that are
being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or dwelling units that are
being replaced pursuant to Section 14.16.270.B.5 (nonconfonning 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. Non-residential accessory structure one hundred twenty (120) square feet or less in size.
23. Ancillary detached accessory structures on a developed multi -family residential property two
hundred forty (240) square feet or less in size.
Ord. 1923 A-86
24. Development subject to review for an administrative design permit pursuant to any other
provision of this title.
D. Exceptions.
1. Single-family dwellings when sited on individual lots with frontage on a public street and not
otherwise subject to design review as listed above;
2. Ordinary maintenance and repairs;
3. New decks or additions to decks, except where review is required for decks located in hillside
areas as prescribed in Section 14.25.040.C, above;
4. Installation of solar panels on existing structures or grounds, as provided under state law and in
compliance with all applicable development standards;
5. The community development director may declare improvements which have been detennined
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, 6-21-10)
* 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.
Replace existing Sub -Section 14.25.050.G.2 (Landscape Design) of Section 14.25.050 (Review criteria),
which otherwise remains unaltered, to omit the reference to the specific MMWD ordinance number 414,
as follows:
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.
Ord. 1923 A-87
Marin Independent Journal
Legal No. 0005182834
150 Alameda del Prado
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
PO BOX 6150
You are Invited to attend the City Council
Novato, California 94948-1535
hearing on the following project:
(415) 382-7335
PROJECT: San Rafael Municipal Code Amend-
ments - Tale 14 Zoning Ordinance and Title 6
legals@marinij.com
Animals. The City of San Rafael proposes sever.
al text amendments to Title 14 (Zoning Ordi-
County of Marin
nance) in order to improve code interpreta-
tions, reduce discretionary review require-
ments, implement new state laws and general
pplan policies, and as otherwise recommended
SAN RAFAEL,CI7Y OF
b the Planning Commission. The proposed re-
visions affect, among others, zoning ordinance
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
definitions, land use tables and development
standards, overlay district standards, site and
WORKS,1400 FIFTH AVE
use regulations, performance standards, and
administrative regulations. Minor amendments
SAN RAFAEL CA 94915-1560
are also proposed to Title.6 (Animals) deleting
PROOF OF PUBLICATION
As required by state law, the projects potential
environmental impacts have been assessed.
(2015.5 Ci.C. P.)
Planning staff recommends that this project
will not have a significant effect on the environ-
ment, therefore it is covered by the general
rule, pursuant to CEQAGuidelines Section
15051(b)(3),and is not subject to environmental
review.
STAVE OF CALIFORNIA
HEARING DAM
Monday, June 2, 2014 at 7:00 P.M.
County of Marin
LOCATION,
San Rafael City Hall - City Council Chambers
1400 Fifth Avenue at "D" Street
San Rafael. California
FILE NO. 0005182834
WHAT WILL HAPPEN:
You can comment on the project. The City
Council will consider all public testimony and
decide whether to approve the project applica-
I am a citizen of the United States and a resident of the County
tions.
aforesaid: I am over the age of eighteen years, and not a party to
IF YOU CANNOT ATTEND:
You can send a letter to the Community Devel-
or interested in the above matter. I am the principal clerk of the
opment Department, Planning Division, City of
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
RafaeCA
94915-1560. YouOcanoalso5han0a deliver It prSan Rliorr to
general circulation, printed and published daily in the County of
the meeting.
Marin, and which newspaper has been adjudged a newspaper of
FOR MORE INFORMATION:
general circulation by the Superior Court of the County of Marin.
Contact Kraig Tambomini, Project Planner
at (415) 485.1092 or lvafgtambomini@dtyof
State of California, under date of FEBRUARY 7, 1955, CASE
sanrafael.org. You can also come to the Plan-
nin Division office, located in City Holl. 1400
NUMBER 25566; that the notice, of which the annexed is a printed
Fifth Avenue, to look at the file for the proposed
co set in a not smaller than nonpareil), has been published in
copy ( type p
a.m. to 5:00
Project. The office is open from and
p.m. on Monday and Thursday and 8:30 a.m. to
each regular and entire issue of said newspaper and not in an
9y
12:45 p.m. on Tuesday. Wednesday and Friday.
You can also vieyw the staff report after 5:00
supplement thereof on the following dates, to -wit:
themeeting at http://
p.m. ogtyofs rid ay
el obefore
a tings
611 612 01 4
SAN RAFAEL CiTY COUNCIL
/s/ Esther Beirne
Esther Beirne
CITY CLERK
At the above time and place. all letters received
will be noted and all interested parties will be
heard. If you challenge in court the matter de,
scribed above, you may be limited to raising
only those issues you or someone else raised at
the public hearing described In this notice, or in
written correspondence delivered at, or prior
to, the above referenced public hearing (Gov-
ernment Code Section 65009 (b) (2)).
Judicial review of an administrative decision of
the City Council must be filed with the Court
not later than the 90th day following the date of
the Council's decision. (Code of Civil Procedure
Section 1094.6)
Sign Language and interpretation and assistive
listening devices may be requested by calhnp
(415) 485.3065 Svoice) or (415) 485.3198 (TDD) at
least 72 hours in advance. Copies of documents
are available in accessible formats upon re-
quest.
Public transportation to City Hall is available
I certify (or declare) under the penalty of perjury that the foregoing
through Golden Gate Transit. Line 22 or 23.
is true and correct.
Para -transit is available by calling Whistlestop
Wheels at (415) 454-0964.
To allow individuals with environmental illness
Dated this 16th day of May, 2014.
or multip:e chemical sensitivity to attend the
meeting/hearing, individuals are requested to
retrain from wearing scented products.
N0.598 MAY 16.2014
Signature
PROOF OF PUBLICATION