HomeMy WebLinkAboutDRB 2013-12-03 Attachments (1)completely screened from view. To the extent feasible, building -mounted antennas shall not be located on
the front, or most prominent facade of a structure, and shall be located above the pedestrian line -of -sight.
c. Whenever possible, base stations, equipment cabinets, back-up generators, and other
equipment associated with building -mounted antennas shall be installed within the existing building or
underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or
otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend
with the surrounding natural and built environment.
5. Signage. No advertising signage or identifying logos shall be displayed on any wireless
communication facility except for small identification plates used for emergency notification and legally
required hazard warnings.
6. Waiver Request. A waiver from these requirements may be requested if the applicant can show,
by substantial evidence, that compliance with a particular requirement is technologically infeasible or
would result in an unreasonable interference with signal quality. The applicant will be required to prove that
there are no feasible alternatives to the waiver request. A waiver request ma,, b�bject to peer review
conducted by a qualified RF engineering consultant selected by the Ci1Y and paid for by the project
applicant.
I. Development Standards.
1. Height. The maximum height of building -mounted antennas shall be in compliance with the
height limitations for the zoning district in which they are located. An exception to antenna height may be
granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of
the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and
mechanical screening features related to wireless communication facilities, shall be regulated subject to
Section 14.16.120 of this chapter.
2. Setbacks.
a. Towers, guy wires, and accessory structures, including equipment cabinets, shall comply
with the setback requirements of the applicable zoning district. Towers and support structures shall be
located a minimum of two hundred feet (200') or at least three (3) times the height of the tower, whichever
is greater, from existing residential units or vacant residentially zoned property.
b. Building -mounted facilities may be permitted to extend up to two feet (2) horizontally
beyond the edge of the structure regardless of setback requirements through the application review process,
provided that the antenna does not encroach over an adjoining parcel or public right-of-way or otherwise
create a safety hazard.
J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night
maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting
shall be constructed or located so that only the intended area is illuminated and off-site glare is fully
controlled.
K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and
enhances existing vegetation and provides new landscape material to screen proposed facilities through the
following measures:
1. The emphasis of the landscape design shall be to visually screen the proposed facility and
stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible
with the predominant natural setting of the adjacent area.
2. Existing trees and other screening vegetation in the vicinity of the proposed facility shall be
protected from damage both during and after construction. Submission of a tree protection plan prepared by
a certified arborist may be required.
3. All vegetation disturbed during project construction shall be replanted with compatible
vegetation and soils disturbed by development shall be reseeded to control erosion.
4. Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan.
The city may impose a requirement for a landscape maintenance agreement as a condition of approval.
L. Noise. Wireless communication facilities shall be constructed and operated in a manner that
minimizes noise. Noise reduction shall be accomplished through the following measures:
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1. Wireless communication facilities shall operate in compliance with the noise exposure
standards in San Rafael Municipal Code Chapter 8.13, Noise.
2. Normal testing and maintenance activities shall occur between eight a.m. (8:00 a.m.) and six
p.m. (6:00 p.m.), Monday through Friday, excluding emergency repairs.
3. Backup generators shall comply with the same noise standards referenced in subsection (L)(1)
of this section and shall only be operated during power outages, emergency occurrences, or for testing and
maintenance.
M. Radio Frequency Radiation (RFR).
1. RFR Standards. Wireless communication facilities operating alone and in conjunction with
other telecommunication facilities shall not produce RFR in excess of the standards for permissible human
exposure as adopted by the FCC.
2. RFR Report. Applications for wireless communication facilities shall include a RFR report,
prepared by a qualified expert, which identifies the predicted and actual (if available) levels of RFR emitted
by the proposed facility operating by itself and in combination with other existing or approved facilities
which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed,
approved, and existing facilities operating at maximum power densities and frequencies.
N. Post -Approval Requirements.
1. Validation of Proper Operation. Within forty-five (45) days of commencement of operations,
the applicant for the wireless communication facility shall provide the community development department
with a report, prepared by a qualified expert, indicating that the actual RFR levels of the operating facility,
measured at the property line or nearest point of public access and in the direction of maximum radiation
from each antenna, is in compliance with the standards established by the FCC for RFR.
2. T4weeFive-Year Review. The owner or operator of a wireless communications facility shall
participate in the measurement b, testy of the RFR of the facility, which shall be conducted on a five (5)
year cycle. city will notifly all ewner-s or operators of wireless eemmunieatien f4eilities every three (3) years
that they shall paAieipate in the meastir-ement by the eity of the RFR of the faeilit:�- The requirement for a
4weefive-year review shall be made a condition of approval for all wireless communication facilities. The
city will contract to perform the testing with a qualified expert and the owners or operators shall bear the
proportionate cost of testing for its facility. The city will establish procedures for:
a. Scheduling the tlfeefive-year review period;
b. Hiring an expert to perform RFR testing;
c. Collecting reasonable fees; and
d. Enforcement actions for nonpayment of fees.
3. Notification of Abandonment of Use. The owner or operator of an approved wireless
communication facility shall remove any abandoned facilities or restore the existing approved use of a
facility within ninety (90) days of termination of use.
4. Changes Affecting RFR. Any operational or technological changes to an approved wireless
communication facility affecting RFR exposures shall be reported promptly to the city, including any
change of ownership. The city may require new RFR testing within forty-five (45) days of notification.
5. Changes to FCC Standards. Owner or operators of all approved wireless communication
facilities shall make necessary changes or upgrades to their facilities in order to comply with any newly
adopted FCC standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after
notification of the changed FCC standards and the owner or operator shall notify the city in writing that the
upgrades have been completed.
6. Co -Location and Facility Upgrade Agreement. Owners or operators of all approved wireless
communications facilities shall agree to make their facility available for co -location with other carriers.
Modifications to the facility design shall be allowed to accommodate additional carriers on a site, as well as
to restore, replace, or upgrade any screening that is deemed obsolete and removed as a result of
modifications made to the primary site structure, or concurrent with an qp rg ades proposed to the subject
facili .
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7 Owners or operators of all approved wireless communications facilities shall be responsible for
maintaining the effectiveness of screening of its facilities in compliance with project approvals. This shall
include pursuing modifications of existing approvals as necessary, should changes be made to the site or
primary structure that would reduce the effectiveness of screening provided for the facility.
32. Amend section 14.16.3 70 to incorporate all existing and future updates to the Marin Municipal
Water District water -efficient landscape ordinance:
14.16.370 Water -efficient landscape.
A. Purpose and Authority. Effective January 1, 2011, certain new construction and rehabilitation
projects that include landscape and irrigation improvements are required to comply with water -efficient
landscape requirements and to monitor water usage for irrigation, as mandated under California
Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San
Rafael hereby adopts by reference, the Marin Municipal Water District (MMWD) Ordinance No. 414
(Water Conservation) as adopted and periodically amended, and designates MMWD, the local water
provider, to implement, enforce, and monitor the requirements of this ordinance. For projects that are
subject to the water -efficient landscape requirements, the city defers to MMWD to administer the
provisions of this chapter, which include:
1. The application and monitoring of a "maximum applied water allowance," that is established
for applicable projects.
2. The review of required landscape and irrigation plans, specifications and supportive documents
prepared for applicable projects for compliance with water -efficient landscape restrictions, including
limitations on the type and amount of landscape materials and plant species.
3. The review, inspection and approval of landscape and irrigation that is installed for applicable
projects to ensure compliance with the approved landscape and irrigation plans and specifications.
4. The post -installation monitoring of water usage for irrigation by applicable projects.
B. Applicability. The provisions of this section and the MMWD Ordinance No—.444-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 amendedNe-414. The approval of an environmental and design review permit shall be
conditioned to require the applicant to provide written verification of plan approval from MMWD prior to
the issuance of a building permit and/or grading permit.
2. Projects Requiring a Building Permit and/or Grading Permit only. When an applicable project
is not subject to an environmental and design review permit but is required to secure a building permit
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and/or grading permit, such permits shall not be issued until the applicant has secured, in writing, MMWD
approval of the landscape and irrigation plans confirming compliance with MM" Ordinance as adopted
and periodically amendedNe. 414.
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 amendmentsN -41-4. All enforcement actions for ordinance noncompliance or violations
shall be administered by MMWD.
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CHAPTER 14.17 — PERFORMANCE STANDARDS
33. Amend Section 14.17010 specific purposes to clarify that the intent of this Chapter is to impose
performance standards on uses subject to minor discretionary review:
14.17.010 Specific purposes.
Performance standards provide criteria for issuing administrative use permits and certain other use
permits that require minimal discretion and review, and to assure compliance with the performance
standards specified in this section. (See Chapter 14.21 for additional information on the administrative use
permit process.) The performance standards listed in this section are intended to explicitly describe the
required location, configuration, design, amenities and operation of specified uses. The performance
standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the
area. The performance standards are consistent with the goals and policies of the general plan.
34. Amend Section 14.17.020 regarding non-commercial animal keeping in residential districts:
14.17.020 Animal keeping.
A. Purposes. Performance standards related to noncommercial animal keeping protect the public
health, safety and general welfare by limiting numbers of animals which may be kept, maintaining sanitary
and humane conditions for animals, and limiting potential nuisance factors which may result from the
keeping of animals.
B. Applicability. Performance standards for the noncommercial keeping of animals as an ancillary
activity associated with a residential land use of property, including mammals, birds, reptiles and bees
unless specifically exempted by this subsection shall apply throughout the city of San Rafael. (See list of
exemptions below.) An administrative use permit shall be required for the keeping of animals within the
city of San Rafael. The following animals are exempt from these regulations, and therefore are considered
to be permitted bright as an ancillary activity associated with a residential land use of property:
1. Fish;
2. Three (3) or fewer domestic dogs, not including wolf -hybrids, over the age of four (4) months
per dwelling unit;
3. Ten (10) or fewer domestic cats over the age of four (4) months per dwelling unit;
4. Any number of domestic dogs, cats or potbellied pigs under the age of four (4) months;
5. Three (3) or fewer potbellied pigs (not including hybrids over seventy (70) pounds);
6. Four (4) or fewer hens (i.e., female domesticated chicken);
7. Ten (10) or fewer of the following:
a. Soft -billed birds (myna, toucan, toucanettes, not including ducks or geese), birds of the
Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries,
b. Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and
c. Nonnative, nonpoisonous snakes, chameleons and iguanas.
C. Bees Keeping of bees on residential propegy shall be subject to review and compliance with the
following standards:
1. The bee -keeping use shall be limited to Apis mellifera (european/western common honeybees)
and must be an accessory use to a single-family dwelling;
2. The property owner must sig to he application consenting to the bee -keeping use on the
ro e
3. The applicant shall notify all adjacent owners and occupants of contiguous developed property
of the intent to keep honeybees at the subject property, and shall provide proof of notification to the
community development department, planning division.
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4. The maximum number of bee colonies (hives) that may be kept per single-family dwelling shall
be limited to two (2) colonies on lots that are ten thousand (10,000) square feet and less in area, and four (4)
colonies on lots greater than 10,000 square feet in area.
5. Permit holders shall operate and maintain the bee -keeping use in accordance with recognized
best management practices that provide safe and health lig conditions for the bees while actively
conducting inspections of colony(s) and avoiding nuisance impacts on surrounding properties and persons
(i.e., managing and controlling colonies to reduce occurrence of swarms) and protectingpublic health,
safety and welfare.
6. The applicant(s) shall submit written evidence that they have obtained bee-keepingtrining,
which shall be subject to the satisfaction of the communi1y development director.
7. A convenient and adequate source of water shall be available to bee colonies on the propert�at
all times.
8. Bee colonies shall be maintained in hives capable of inspection to determine compliance with
these standards, and shall consist of moveable frames and combs. Hives must be maintained in a sound and
usable condition at all times.
9. A bee hive box (colony) shall only be located within a fenced, private residential yard area
generally located behind the residential dwelling unit. In no event shall a bee hive box be located less than
ten feet (10') from any residential property line and less than twenty-five feet (25') from any dwelling unit
on an adjacent property.
10. A barrier of at least six feet (6') in height consisting of a solid fence, wall and/or dense
vegetation shall be installed and maintained between the bee hive colony(s) and all abutting properties.
Fencing walls and vegetation shall comply with the Fences and Walls regulations of Section 14.16.140.
11. Hive entrances shall face away from the nearest residential property line(s).
12. Bee colony(s) shall be promptly and properly removed if the permit holder discontinues the bee
keeping use on the property.
13. Bee keeping permits are issued to the permit holder at the specific location identified on the
permit and shall not run with the land. A new bee keeping permit shall be required for a new bee keeping
use to be operated by an existing permit holder at a different location, or for a new permit holder to keep
bees on a site that has been previously used for bee keeping.
D and eOther nonexempt animals are subject to individual case review, and maybe subject to the
following types of standards:
1. Requirements for identification of animal guardianship, such as tagging or microchipping;
2. Requirements for spaying or neutering of animals;
3. Requirements for fences or fenced stockade areas;
4. Requirements regarding provision of food and water supply, such as supply locations,
requirement for closed, rodent -proof containers, etc.;
5. Requirements to secure or sequester animals in shelters during specified hours of the day or
night to minimize possible noise impacts;
6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces
and urine;
7. Requirement that all places and premises where the animal is to be kept shall be open at all
reasonable times and places to the inspection of the code enforcement manager or code enforcement officer,
or other code enforcement officials, and the county health officer;
8. Verification of receipt of appropriate California Department of Fish and Game permits;
9. Verification of required vaccinations.
In approving the application for an administrative use permit for the keeping of animals, the community
development director may impose additional conditions that are deemed necessary to ensure the permit will
be in accordance with the findings required by Section 14.21.080.
DE.Findings. In order to grant an administrative permit for the keeping of animals the following
findings shall be made:
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1. Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision
of the San Rafael Municipal Code or any other applicable provision of law.
2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an
animal receiving inhumane treatment.
3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties
adversely affecting the enjoyment of such property.
4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely
affecting the enjoyment of nearby property.
5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the
enjoyment of nearby property.
6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances.
7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an
adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby
residents.
8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects
nearby properties or the natural habitat.
U. Amo,.t:",t:o„ Of Nonconforming Animal Keeping.
,
any sueh propei4y of dwelling unit shall beeome illegal, unless the owner- has applied for- and obtained afi)
feEluir-ed land tfse per-fflit in eefifefmanee with this title, or- has applied for an e�4ensien of the afaei4izatien
period as pr-evided her-eaftef-.
2. The eefflmtinil�, develepnient depai4mefit shall publish and post a wr-44en notiee at least ninety
(90) da�,s prief to the expifation of the amei4iza4ien period, advising that afly owfiefs of stieh
noneonfer-ffling pr-opei4ies or- dwelling tinits shall beeeme illegal at the ead of sueh amoftiz4ien period
unless the awners have applied for- and not been denied any r-equir-ed land use permit fet: stieh pr-epei4ies at -
:tom or pled fes, an extension of the , e,•t:.,.,t:o„ period as pr-avided hereafter-.
3. The owner- of any stieh fioneenfefming propert�, or- dwelling unit tH 1 -1 . . 'ieation with
e
per-iod, unless the eommunit-y developffleat dir-eetor- detefmifies that good cause exists fet: the late filing a
the applieatieff,
4. Within for-ty Ave (45) days following reeeipt of a eampleted applieatien for- an extension of the
afneffization > the eomrnenity development diFeetef shall hold a publie hearing on the applieation,
aftef giving notiee to all pfepeft�, wA,ners within three hundfed (3 00) feet of the pfoperty. The eofflmunity
i
and shall
thefeafter grant of deny an ex4ensien. in rendering its deeision, the eommtiiiit�, developfnent difeetaf shall
detefmifie whether- the noneenfer-ffling propefty of dwelling unit has been pr-evided with a reasonable
amet4izalien pet!iod eemmefism-a+e with the investment involved. if the eemmunity development direetof
is eefflmensur-atev4th the investfnen4 involved. The bufden shall be on the applieant for- the ex4ension to
establish that the extension should be granted. Ne mer -e than a single extension May be gran
5. in making its deter-niination on the appliefftion fef an extension, the eemmunity development
direete ...h.,ll eensider the foil, ,, : g faeto,•s•
a) The owner's ifivestment in any dwelling unit of prepeft�, improvements mad
aeeeinmodate the . of ,.frog . ,.1 keeping;
b) The present aetu l and aepreei te.lyal.,e of the dwelling unmet or- p fepe ft„ iffl e„ts
,,le to , ed to the noneonforming animal Lee,,;,,—•
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-71
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sufr-ounding ir"c'ry-mivffin'itivi-perrodriS cxtendeµL,
pefio1eommensur-4e, v, 4th the investment i
6 AYJ J f the nity development difecAor's deeision shall b sent by ea ,.. lar mail to the
^„
eetineil, within five (5) wer-king days a-ftef the eemmunity development difeeter2s deeision, in eenfer-manee
with the ..f Chapter- 14.28 f -the >\n.,, ieipal !Code
�vncrr cnupcarzvrctzcz�rarrn�.t.... .,
Declaration of Public Nuisance. The city council declares to be a public nuisance any lot where the
neneenferming animal keeping is operating in a manner that is not in conformance with this sectionand
where the afneftization period as a neneenfefming use has expired, and (a) fio permit r-equired by this title
has been obtained or- (b) no ptiqtappheation for an ex4easion of the ameftizatieft period is on file er- has
been granted.
35. Amend Section 14.17.040 to delete the reference to "administrative" use permit review, to be internally
consistent with the higher use permit review levels required under the residential ad non-residential zoning
district land use tables:
14.17.040 Family day care home, large.
A. Purpose. These standards allow large family day care homes for children to locate in residential
neighborhoods. Large family day care homes for children give children a home environment conducive to
safe and healthy development. The standards regulate potential traffic and noise impacts related to the
operation of large family day care homes to ensure that these uses do not adversely impact the adjacent
neighborhood.
B. Applicability. Performance standards for large family day care homes apply in all residential zoning
districts and other districts which permit residential uses. Compliance with performance standards shall be
reviewed through the administfative use permit process.
C. Standards.
1. Fences and Walls. For purposes of noise abatement, a six foot (6') high solid fence shall be
constructed on rear and side yards. Fences may not exceed the fence height limit within the required front
yard. All fences shall provide for safety with controlled points of entry. Materials, textures and colors and
design of the fence or wall shall be compatible with on-site development and adjacent properties.
2. Outdoor Play Area. For purposes of controlling noise and maintaining the privacy of neighbors,
any stationary play equipment shall not be located in required side yards.
3. Outdoor Activity. For the purposes of noise abatement, outdoor activities may only be
conducted between the hours of seven a.m. (7:00 a.m.) to nine p.m. (9:00 p.m.).
4. Parking. On-site parking for large family day care homes shall not be required except for that
required for the residential use. A minimum of two (2) spaces is required in all cases.
5. Passenger Loading. A passenger loading plan approved by the city traffic engineer shall be
required.
6. Lighting. Passenger loading areas shall be illuminated to the satisfaction of the police
department. The lighting shall be directed away from adjacent properties and shall be of comparable
intensity compatible with the neighborhood.
7. State and Other Licensing. All family day care facilities shall be state licensed and shall be
operated according to all applicable state and local regulations.
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36. Add Section 14.17.120 to establish regulations for outdoor storage:
14.17.120 Outdoor storaue.
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
underling district.
1. Outdoor storage uses shall be screened from public view with fencing, enclosure, structure and/or
landscaping as appropriate and necessary for the underlyingzoning oning district, to provide a buffer between
adjacent uses, and to screen the use from public view.
2. Outdoor storage shall not be placed within required yard setbacks, landscape or parkin areas
reas
required for the use or site.
3. Outdoor storage may also be subject to design review, as required by huter 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 r required
area, may be allowed for a limited duration;eg nerally not to exceed 90 days, or as otherwise provided under
the terms of a building permit issued for the site.
37. Add Section 14.17.130. C,5 to "Temporary Uses"provisions in order to allow recycling oi- a -waste
collection events to occur with requiring a temporary use permit:
14.17.130 - Temporary uses.
A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or
less) of activities on privately or publicly owned property with appropriate regulations so that such
activities will be compatible with surrounding areas.
B. Applicability. Performance standards for specified temporary uses shall apply in any district where
a temporary use is a conditional use. Performance standards for temporary uses shall be administered
through an administrative use permit in all commercial, office and industrial zoning districts, or a use
permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an
approved or valid development plan). The following temporary uses are subject to performance standards:
1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for
periods not exceeding thirty (30) consecutive calendar days;
2. Trailers/mobilehomes that provide residences for security personnel associated with any
construction site;
3. Trailers/mobilehomes that provide offices for the following temporary uses:
a. Temporary or seasonal businesses such as carnivals or Christmas tree sales,
b. Business offices or sales facilities where construction of a permanent facility is being
diligently completed,
c. Construction offices where construction is being diligently completed,
d. Real estate offices on-site of a proposed subdivision until such time as the notice of
completion is filed with the building inspection division,
e. Financial or public utilities that are required to maintain a place of business at a location at
which no permanent structure suitable for the purpose is available;
4. Fairs, festivals, concerts, farmer's markets, swap meets or other special events when not held
within premises designed to accommodate such events, such as auditoriums, stadiums or other public
assembly facilities;
5. Similar temporary uses which, in the opinion of the plying communi , development director,
are compatible with the district and surrounding land uses.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-73
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Temporary uses may be subject to additional permits, other city department approvals, licenses and
inspections as required by applicable laws or regulations. Temporary uses which may have specific
regulations specified in the municipal code include such uses as: Meetings, Assemblies and Parades in
Public Places (Chapter 5.70) and Carnivals, Circuses (Chapter 10.44).
C. Exemptions.
1. Events which occur in theaters, meeting halls or other permanent public assembly facilities;
2. Carnivals, fairs, bazaars or special events held on school premises or at religious institutions;
3. Special events less than seventy-two (72) hours and sponsored by the San Rafael business
improvement district;
4. Events which receive street closure approval from the city council.
5 Recycling or "e -waste" collection events conducted or sponsored by a public agency for the
purpose of collecting non -recyclable items such as electronics paint or other materials and preclude deposit of
such items into the sanitary landfill when located on a developed non-residential property for a maximum
duration of three (3) consecutive days and no more than (2) times annually (calendar year).
D. Findings.
1. The operation of the requested use at the location proposed and within the time period specified
will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general
welfare.
2. The proposed site is adequate in size and shape to accommodate the temporary use without
material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the
site.
3. The proposed site is adequately served by streets having sufficient width and improvements to
accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will
be available either on-site or at alternate locations acceptable to the pla-nnin community development
director.
In approving the application for an administrative permit for a temporary use, the plaming 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
*raffi^ o.,,.:,,ao, 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 planni..gcommuni , development department planning division.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment
shall be reviewed by the plamig 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 planniRtcommuni 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 plannigcommuni , development department planning division.
7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure
compatibility with surrounding uses and neighborhood to the satisfaction of the planniRgcommunity
development department, planning division.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-74
2010-001
8. Performance Bonds. A performance bond or other security deposit shall be submitted to the city
finance department to assure that any temporary facilities are removed from the site within a reasonable
timeframe following the event and that the property is cleaned up and restored to its former condition.
9. Public Safety. Security and public safety measures shall be provided, including traffic control
measures if needed, to the satisfaction of the police department.
10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon
compliance with applicable provisions of other laws. Any event which includes the preparation, sale or
serving of food shall comply with Marin County health department standards and permit requirements.
11. Other. Other conditions may be required as needed to ensure the proposed temporary use is
managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of
this section.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-75
2010-001
38. Amend Chart 14.18.040 to include parking rates for music studio that currently has no specified rate:
14.18.040 Parking requirements.
A. Off-street parking shall be provided in accord with the following chart. Where the specific use in
question is not listed, the planning communi . development director or public works director shall
determine if another similar use exists which may be used to select an appropriate parking standard. In
order to make this determination, the plafmiug communi , 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. Parkin surveys conducted for this purpose shall
be subject to the review and recommendation by the department of public works.
B. Parking Modification. The parking requirement for any specific use listed may be modified so as to
provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such
modification shall require an application for a use permit and shall be subject to review by the community
development director and eity t -r -a f e efigi eerpublic works director, and approval by the zoning
administrator.
C. For properties located within the downtown parking assessment district, see also Section 14.18.060,
downtown parking assessment district, for additional information on parking requirements. For properties
located in the downtown, west end and environs area, see Section 14.18.061 (Downtown's West End and
environs), for additional information on parking requirements.
D. In addition to the off-street parking requirements listed below, off-street loading and unloading
shall be provided for certain uses in accord with Section 14.18.050, Off-street loading and unloading.
E. For properties in the downtown area, residential parking is not required to be covered.
F. Off-street parking is not required for FAR increases up to ten percent (10%) of the building or
seven hundred fifty (750) square feet, whichever is larger, as granted under Section 14.16.150(G)(2)(b).
Chart 14.18.040
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-76
Z010-001
Use Classification
Off -Street Parking Required
Residential
Note: No parking is required for up to 3 units in the
parking assessment district, provided the units are an
infill addition to an existing nonresidential structure,
and that the units are 2 bedroom or less and no larger
than 900 square feet in size.
Single-family residential
2 covered spaces per unit.
Single-family residential, hillside
On streets less than 26 feet wide, a minimum of two
additional on-site parking spaces shall be provided
(not on the driveway apron) per unit. These spaces
should be conveniently placed relative to the dwelling
unit which they serve. This requirement may be
waived or reduced by the hearing body when the size
or shape of the lot or the need for excessive grading or
tree removal make the requirement infeasible.
Studio (duplex unit), 500 sq. ft. or less in size
1 covered space per unit.
Studio (duplex unit), more than 500 sq. ft. in size
1.5 spaces per unit (including 1 covered space).
Downtown: 1 space per unit.
Studios (multifamily unit)
1 covered space per unit.
One -bedroom units
1.5 spaces per unit (including 1 covered space).
Downtown: 1 space per unit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-76
Z010-001
Two-bedroom units
Off -Street Parking Required
Parking
Downtown
San Rafael
1 space per 5 units. Note: Guest parking not required
downtown, unless within 200 feet of a residential
district.
Mobilehome parks
Assessment
(Outside District)
(Outside
Emergency shelters for the homeless,permanent:
District
1 space for each employee on maximum staffed shift
plus I space per five beds:
Downtown)
Less than 900 sq.
1 space
1.5 spaces
2 spaces (1
3 spaces plus staff parking.
Commercial and light industrial/office districts
ft.
1-10 beds
1 space plus staff parking.
covered)
2 spaces plus staff parking.
900 or more sq. ft.
1.5 spaces
1.5 spaces
2 spaces (1
Emergency shelters serving children and/or families
with children
1 space per family based on maximum program
capacity plus I space per employee on the maximum
staffed shift.
Residential care facilities for the nonhandicapped:
covered)
Use Classification
Off -Street Parking Required
Three or more bedroom units
2 spaces per unit (including 1 covered space).
Guest parking, multifamily
1 space per 5 units. Note: Guest parking not required
downtown, unless within 200 feet of a residential
district.
Mobilehome parks
2 covered spaces per unit.
Senior housing projects
.75 space per unit, or asspecified by use permit.
Emergency shelters for the homeless,permanent:
Residential district
1 space for each employee on maximum staffed shift
plus I space per five beds:
1-5 beds
1 space plus staff parking.
6-10 beds
2 spaces plus staff parking.
11-15 beds
3 spaces plus staff parking.
Commercial and light industrial/office districts
1 space for each employee on maximum staffed shift
plus 1 space per 10 beds:
1-10 beds
1 space plus staff parking.
11-20 beds
2 spaces plus staff parking.
21-30 beds
3 spaces plus staff parking.
Emergency shelters for the homeless, temporary or
rotating
As specified by use permit.
Emergency shelters serving children and/or families
with children
1 space per family based on maximum program
capacity plus I space per employee on the maximum
staffed shift.
Residential care facilities for the nonhandicapped:
Small (0-6 clients)
See single-family residential.
Large (6-10 clients)
1 space for each five clients plus 1 space for each staff
person, visiting doctor or employee on maximum
staffed shift.
Rooming or boarding houses
1 space for each guest room or as determined by
parking study.
Second dwelling units:
Studio or one -bedroom unit
1 space.
Two or more bedroom unit
2 spaces.
Visitor accommodations
Bed and breakfast inns
2 spaces plus 1 space per bedroom.
Hotels or motels
1 space per sleeping room plus 1 space for manager
plus 1 space for every 2 employees.
Hotels, convention or hotels with banquet, restaurant
or meeting facilities, etc.
Parking in addition to the hotel requirement is
required, as determined by a parking study. Parking
requirement as specified in use permit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-77
ZO10-001
Use Classification
Off -Street Parking Required
Day care
Family day care home (small)
No requirement.
Family day care home (large)
Minimum 2 spaces. The required parking for the
dwelling unit shall count as the required parking for
family da care.
Day care center
1 space per five children. In addition, one of the
following must be provided and approved by the eity
tr-a€fie engineer public works director for safety
purposes:
1) A posted "loading zone" for dropping-off and
picking-up children;
2) A loop driveway with an apron for drop-offs and
pick-ups.
Either option must be approved by the eit
engineer public works director for safety purposes.
General commercial uses
Retail sales (non-bulky items)
1 space per 250 gross building sq. ft.
Retail sales (bulky items, such as machinery,
1 space per 400 gross building sq. ft.
furniture, vehicles, etc.)
Shopping centers
1 space per 250 gross building sq. ft.
Animal care facilities
1 space per 300 gross buildings . ft.
Food and beverage service establishments, excluding
1 space for each 50 sq. ft. of floor area intended for
fast food restaurants
public use.
Fast food restaurants
1 space per 100 sq. ft. for 50 percent of the gross
building sq. ft.; and one space per 65 sq. ft. for 50
percent of the gross building sq. ft. or one space per
2.5 interior seats, whichever is greater.
Funeral and interment services
1 per each 35 sq. ft. of floor area for assembly rooms
plus 1 space for each employee, plus 1 space for each
car owned by such establishment.
Motor vehicle sales and service:
Coin-op washing
1 space at each washing stall and vacuum stall.
Gasoline stations
3 spaces per station, plus.
With minor repairs such as tune-ups, brakes,
2 spaces per service bay.
batteries, tires, mufflers
With mini-market area
1 space per 250 sq. ft. of gross retail.
Rentals
1 space per 500 gross sq. ft. of floor area plus 1 space
per 1,000 sq. ft. of outdoor rental storage area.
Repairs, major and/or minor
1 space per 500 sq. ft. or 3 spaces per service bay
(each service bay may count as one of the parking
spaces), whichever is greater.
Sales, new or used vehicles
1 space per 400 gross building sq. ft. excluding auto
repair area; plus, for repair portions of the building:
1 space per 500 gross building sq. ft., or 3 spaces per
service bay for automobile repair (each service bay
may count as one of the parking spaces), whichever is
greater, or 1 space per 2,000 sq. ft. open lot area,
whichever is greater.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-78
Z010-001
Use Classification
Off -Street Parking Required
Music rehearsal/recording studios
1 s ace er 500 gross building sq. ft.
Personal service establishments
1 space per 250 gross building sq. ft.
Barber/beauty shop/nail salon
2 spaces per chair or workstation.
Dry cleaning establishment
2 spaces plus 1 space for each employee.
Laundry (self service)
1 space for each 2 washing machines and/or dry
cleaningmachines.
Recreation facilities (indoors)
Bowling alleys
4 spaces for each bowling lane plus additional spaces
for other uses.
Game arcades
1 space for each 5 coin-operated amusement devices.
Health clubs and gymnasiums
1 space per 250 sq. ft. of gross buildings . ft.
Poolhalls/billiards
2 spaces for each table or as determined through a
arking stud .
Theaters
Parking study required. Parking subject to the
approval of the planain community development
director or the hearing review body for the
development.
Offices and related uses
Financial services and institutions
1 space for each 200 sq. ft. gross building sq. ft.
Downtown: 1 space for each 300 sq. ft. gross building
sq. ft.
Medical services:
Clinics
1 space per 225 gross building sq. ft.
Hospitals
Parking study required.
Major medical facilities, including extended care
facilities
Parking study required.
Offices, excluding mental health practitioners
1 space per 225 gross buildings . ft.
Offices, mental health practitioners
1 space per 250 gross building sq. ft.
Administrative, business and professional offices
1 space per 250 gross buildings . ft.
Downtown: 1 space for each 300 sq. ft. gross building
sq. ft.
Industrial
Industrial uses
1 space per 500 gross building sq. ft.
Light industrial/office mixed-use:
Light industrials . ft. of building
1 space per 500 gross building sq. ft.
Office sq. ft. of building
1 space per 250 gross building sq. ft.
Mini -storage
Parking study required. Subject to approval by the
Planning communi1y development director or hearing
review body for the development
Public utility facilities
Parking study required. Subject to approval by the
planning community development director or hearing
review body for the development.
Storage, warehousing and distribution
1 space per 500 gross building sq. ft.
Wholesale and distribution
1 space per 500 sq. ft. gross buildings . ft.
Marinas
3 spaces for every 4 boat slips. Plus parking for
support uses in the marina, such as restaurants or retail
uses.
Public/ uasi-ublic uses
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE I1) A-79
Z010-001
Use Classification
Off -Street Parking Required
Libraries, museums and other cultural facilities
Parking study required. Subject to approval by the
10-25
planning community development director or hearing
26-50
review body for the development.
Public service and utility
Parking study required. Subject to approval by the
76-100
planning community development director or hearing
101-150
review body for the development.
Religious institutions
1 space per 4 seats.
Schools (Note: The following are guidelines for public
At least 8% of total
schools)
Parochial, private
K-8
3 spaces per classroom or 1 space per 100 sq. ft. of
auditorium space, whichever is greater.
9-12
1 space for each 4 students based on maximum school
capacity, or as specified by use permit.
Vocational, business trade schools
1 space per 150 gross building sq. ft.
Performing arts or other
1 space per 250 gross building sq. ft.
Transportation facilities
Bus stations, park and ride facilities, public transit
Parking study required. Subject to approval by the
stations
planning community development director or hearing
review body for the development.
39. Add requirement to Section 14.18.045 for installation of electrical conduit for future electric vehicle
charging stations for new or substantially renovated parking lots of 25 or more spaces in compliance
with the City Climate Change Action Plan and General Plan 2020 Sustainability Element.
14.18.045 Designated parking for clean air vehicles.
A. Applicability. Parking spaces serving new nonresidential buildings shall be designated for any
combination of low -emitting, fuel-efficient, and carpool/van pool vehicles, as defined by Section 5.102 of
the California Green Building Standards Code, California Code of Regulations, Part 11 of Title 24.
B. Number of Short -Term Spaces Required. Parking spaces for clean air vehicles shall be provided in
accord with the following chart:
Total Number
of Parking Spaces
Number of Required
Clean Air Vehicle Spaces
0-9 �—
0
10-25
1
26-50
3
51-75
6
76-100
8
101-150
11
151-200
16
201 and over
At least 8% of total
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-80
Z010-001
C. Parking Stall Marking. The following characters shall be painted, using the same paint for stall
striping, such that the lower edge of the last word aligns with the end of the stall striping and is visible
beneath a parked vehicle: "CLEAN AIR VEHICLE".
D. Prewiring for Electric Vehicle Charging Stations. In new or substantially renovated parking
facilities of 25 or more spaces electrical conduit capable of supporting suitable wiring for an electric vehicle
charging station shall be installed between an electrical service panel and an area of Clean Air Vehicle
Parking Spaces as required by this section. The conduit shall be capped and labeled for potential future use.
40. Amend regulations for tree well size in Section 14.18.130.D to be consistent with changes to Section
14.18360 (Parking lot screening and landscaping):
14.18.130 Parking facility dimensions and design.
D. Tree Wells. Tree wells shall have a minimum area of thirty-six (36) square feet and a minimum
interior width of six feet (6'), exclusive of curbs. See Section 14.18.160, Parking lot screening and
landscaping for additional landscape design standards.
41. Amend Section 14.18.160 to increase the recommended ratio of parking lot trees for smaller crown
diameter trees, redefine the objectives for tree distribution in parking lots to focus on shading paved
surfaces, encouraging trees distributed throughout the parking lot or clustered on the southerly and
westerly boundaries, recommend increased minimum planter widths for large trees, and add
requirements for soil treatment, landscape maintenance, solar shading and bio -filtration and a title for
Illustration 14.18.160:
14.18.160 Parking lot screening and landscaping.
New or substantially renovated parking lots with more than five (5) spaces shall provide landscaping in
accordance with the following standards. Substantially renovated parking lots shall be those for which
paving material and curbing is removed and the 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 earths, low walls, fences or hedges in combination with trees and
plantings, or similar means. Fences, walls, and hedges need not be solid.
B. Minimum trees. A minimum of one canopy tree shall be provided for every four (4) parking
spaces. Trees shall be distributed throughout the parking area to shade cars and paved areas. Clustering of
trees may be considered subject to approval of the decision making body, where it is demonstrated that the
intent will be met to provide ample shading and screening of parking areas and enhance the visual
appearance of parking lots., shall be provided, and distri u*d +i,,.,.,,,.t out the p,,diing , o„ to p :do shade
for- ears, enhanee the vistial appear-anee of par -king lots and sefeen views of oafs 4em buildings which
ever -leek par -king areas. Glustefing oftr-ees within paf!king lots may be eensider-ed, subjeet to the appfeval
the planning difecAef (or- the planning direeter-'s desigffia4ed appointee) or- the appropriate heari — . i
bedy. The requir-ement for- eanepy tfees in par -king lots shall also apply to the top level of par -king stnietures.
In downtown, this section does not apply to parking lots for twenty (20) or fewer cars, and the standards in
this section may be reduced for parking lots for twenty-one (21) to forty (40) cars, subject to
recommendation by the design review board and approval of a minor design review permit.
C. Planting amas shall have a i i t of thifty six (36) square fiaet and a fninifatim width e
feet (6'), . 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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-81
Z010-001
3. Provide minimum tree canopy diameters of fifteen feet (15') and include tree species with large
canopy diameters, e.g.,greater than thigy 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. , or- parking lots shall be
pr-oteeted along the par4ing lot side with eenerete eur-bs of w -heel steps. Altemative tr-eatments may be-
or- the appfepr-iate hearing r-eview bed -y. 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 six -four (64)square feet and a minimum width of eight feet (8') exclusive of curbs to
the extent this larger planting area is practicable and can be accommodated on-site.
E. Curbs and Wheel Stops. A maximum overhang of two feet (2') shall be allowed for overhang of
vehicles into planting areas. All planters and sidewalks located adjacent to driveways loading areas or
parking lots shall be protected along the parking lot side with concrete curbs or wheel stops. Alternative
treatments may be considered, subject to the approval of the community development director (or the
director's designated ted appointee) or the appropriate hearing review body_
F. Irri atg ion. Permanent, automatic irrigation systems shall be provided for all planted areas, in
compliance with Section 14.16.3 70 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 seven -five percent (75%) within twelve inches (12") of a curb or sidewalk.
For parking lots containing twmiy-five (25) spaces or more a licensed landscape architect shall monitor tree
well excavation, soil preparation and tree planting and provide written verification to the Planning Division
that excavation, soil preparation and tree planting have complied with the standards established by this
subsection to promote normal health t�growth. Such written verification shall be received by the
Planning Division prior to use of the parkin facility acility 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 containingtwen -five (25)spaces or more the property owner
shall obtain a minimum one year maintenance contract and warranty for tree growth and provide
documentation of such to the Planning Division prior to use of the parkin f�ty and/or building or site
occupancy.
I. Parking Structures. The top level of parking structures shall utilize light-colored/high-albedo paving
material (reflectance of at least 0 3) or utilize shade structures photovoltaic carports landscaped trellises or
trees to achieve at least fifty percent (50%) d4ytime shading_
FJ. Bio -filtration. Persons owning or operating a parking lot, gas station area of pavement or similar
facility developed with hardscape surfaces shall undertake all practicable measures to minimize discharge
of pollutants to the city storm drain, in compliance with city standards including utilization of all best
management practices and the requirements of San Rafael Municipal Code Title 9.30 (Urban 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 heafintreview body, includinguse se of permeable pavers, bio-
swales, at grade curbs and openings in curbs to allow filtration of runoff through landscape areas
Landscape plans and alternative measures shall subject to compliance with any recommendations of the
department of public works.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-82
Z010-001
Illustration 14.18.160
1LLIJI�'F..ArION OF tARFJNG Lor
LANp$UVE AND Ji1'£R STANVA,RP5
! Fr.R r.ERY-.W
VAU
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Ffc-U:f4 DIV E.ts..ZN .
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;gyres;
1 �CS`yTr�. qtr'► ..
5rA'f3 (i.m ) 7.x
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:1)U�/EYYA.Y
AND
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42. Amend 14.18.170 to refer to new Section 14.16.227 light and glare standards:
14.18.170 Lighting.
Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from
residential use and motorists. It is the intent to maintain light standards in a low profile design -an, 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 rte. (See Section
14.16.227 for additional standards on foot-candle intensity).
43. Add new "grandfathered" parking provision allowing renovation of parking lots which lose spaces to
meet landscape standards to not be considered nonconforming, provided fire Department of Public
Works determines sufficient spaces will be provided:
14.18.240 Grandfathered parking.
A. No use of land lawfully existing on the effective date of the ordinance codified in this title shall be
considered nonconforming solely because of the lack of off-street parking, loading or bicycle facilities
prescribed in this chapter.
B. The number of existing required parking spaces may be reduced to achieve compliance with state
or federal disabled access requirements. In such instances, properties shall not be considered
nonconforming solely because of the lack of off-street parking prescribed by this chapter.
C. The number of required spaces within an existine narking lot annroved or established prior to
adoption of this Section (i.e., Linsert date ofadoption,) may be reduced in order to achieve greater
conformity with the city urban runoff pollution prevention standards contained in San Rafael Municipal
Chapter 9.30, as required by the Department of Public Works, and/or the parking lot landscape regulations
contained in Section 14.18.160, provided that the property owner can demonstrate to the satisfaction of the
Department of Public Works that sufficient parking and vehicle maneuvering will remain to support the
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-83
2010-001
intended uses of the subject property. In such instances, properties shall not be considered nonconforming
solely because of the lack of off-street parking prescribed by this chapter.
D. For additions or enlargements of any existing building or use, or any change of occupancy or
manner of operation that would increase the number of parking, loading or bicycle spaces required,
additional parking shall be required for such addition, enlargement or change. Where parking for an
existing use is substandard, improvements to improve or upgrade the parking may also be required where
feasible.
DE.A nonconforming structure which has been damaged or destroyed more than seventy-five percent
(75%) and which is rebuilt to its original condition must provide parking equivalent to prior existing
parking. Where parking was substandard, improvements to improve or upgrade the parking may also be
required where feasible.
U. Determination of the amount of parking improvements required to upgrade or improve existing
substandard parking conditions shall be made by the plannin communi , development director or the
appropriate hearing review body. Such determination shall consider the size of the proposed addition in
relation to the existing development, off-site parking conditions and site constraints.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE I1) A-84
Z010-001
CHAPTER 14.19 — SIGNS
44. Amend Section 14.19.070 temporary signs to allow for temporary window covering during
construction
14.19.070 Temporary signs.
The city recognizes that temporary signs are often used as a means of communicating messages,
whether commercial or noncommercial, as to certain temporary or short term matters or events such as
commercial promotions, special events or activities, elections and current events. The regulations in this
section are intended to allow the expression of such communications while minimizing the adverse
aesthetic or public safety impacts that may be caused by the uncontrolled proliferation and abandonment of
such signs, such as visual clutter, traffic obstruction and accumulation of debris. The following signs are
considered temporary and may be posted on site for a limited period of time in accordance with the
provisions of this chapter. Unless noted below as not requiring sign permit approval, temporary signs
require the approval of a sign permit prior to being installed or erected:
A. City -Installed Banners. Banners, signs, and associated supporting structures installed by the city for
events and announcements, which are placed across or over a public street, or affixed to street light poles.
The location, placement and provisions for such banners, signs and supporting structures shall be
established by standards and subject to fees, as set forth by resolution of the city council from time to time.
No sign permit is required.
B. Noncommercial Signs. Temporary signs bearing ideological, political or other noncommercial
message, including, but not limited to, political and election signs may be located on a site or place of
business. The total sign area permitted per site or place of business shall not exceed thirty-two (32) square
feet. Noncommercial signs may be displayed for a maximum of ninety (90) days per calendar year. Signs
relating to an election shall be removed no later than ten (10) days following the election. No sign permit is
required.
C. Real Estate Sale and Leasing Signs. Temporary real estate sale and leasing signs shall be subject to
the following:
1. On -Site Display. Ground -mounted or placed on the building, not exceeding five (5) square feet
and one in number per building for single-family, duplex residential and multiple -family residential uses.
On-site display signs shall not exceed twenty (20) square feet and two (2) in number for all nonresidential
uses.
2. Off -Site Display. A -frame or ground -mounted, placed off-site such as for announcement of an
open house, not exceeding five (5) square feet in size. Open house signs shall be permitted between the
hours often a.m. (10:00 a.m.) and seven p.m. (7:00 p.m.) on Saturdays, Sundays, Thursdays (brokers open)
and holidays, and shall be limited to five (5) in number.
3. No real estate sign shall be placed in the public right-of-way, which includes the sidewalk,
travel or parking lane and center median of a street.
4. ' No sign permit is required.
D. Special Function and One -Time Event Signs. Signs, posters and notices for special functions and
one-time events are permitted subject to the following:
1. A maximum of two (2) signs, not exceeding ten (10) square feet in area for each sign;
2. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on
utility poles, streetlights or fences located on public property;
3. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days
after the function or event;
4. In no instance shall a sign for a special function or one-time event be displayed for more than
thirty (30) days;
5. Signs displayed or placed in a window shall not exceed twenty-five percent (25%) of the
window area;
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-85
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6. No sign permit is required.
Examples of special function and one-time event signs include, among others, signs displaying a special
sale, grand opening, business closing, garage, yard or estate sale, meetings, or fundraisers.
E. Temporary Banners. Banners may be displayed by businesses and uses on a temporary basis in all
zoning districts, except in the single-family residential, duplex residential and multiple -family residential
districts, subject to the following permit requirements and criteria:
1. A sign permit is required and must be obtained prior to the display of a temporary banner. The
submittal requirements for a sign permit for temporary banners are as follows:
a. A complete application form;
b. A photograph of the site showing the proposed location of the banner(s);
c. Three (3) sets of drawings denoting the banner, the location of the banner as it would
appear on the building or property, the total banner area (length and width), the linear street frontage of the
business or use for multiple -tenant buildings, proposed illumination and method of banner attachment.
These drawings need not be prepared by a professional architect or draftsperson, but shall include all
appropriate dimensions and/or scale;
d. A completed and signed (by the business owner) precitation form noting the term or
duration of time for display of the banner;
e. The required application fee for an administrative level sign permit.
2. All temporary banners shall comply with the following criteria:
a. One banner, up to a maximum size of thirty-two (32) square feet is permitted per business
or use frontage. Businesses or uses with two (2) frontages are permitted two (2) banners authorized under
one sign permit, provided that both banners have the same beginning and expiration dates, are each placed
on separate frontages, and neither banner exceeds thirty-two (32) square feet. Temporary banners shall be
excluded from the calculations of the maximum, total permanent sign area for a business or use permitted
by the sign ordinance (San Rafael Municipal Code Title 14, Chapter 19).
b. No banner, in whole or in part, shall include, via attachment or any other means,
windblown devices intended to attract attention such as posters, pennants, ribbons, streamers, strings of
light bulbs, spinners, balloons, or other inflatable objects.
c. Temporary banners may be displayed for a maximum of sixty (60) days per calendar year,
which can occur all at once or in increments. A separate sign permit shall be required for each increment.
Extensions of an approved sign permit for a temporary banner may be granted, provided that the banner
does not change, the extension request is received in writing no less than two (2) working days prior to
expiration, and the maximum sixty (60) day time limit for display is not exceeded.
d. Banners shall be attached to the building. However, where a business or use is set back
from the street, or where public visibility of the entrance of a business or use is limited or impaired, a
freestanding banner, supported by a temporary frame, may be placed on-site, between the property line and
the building entrance, in a landscaped or paved area.
e. No banner shall project above the eave line of the building.
f. If any part of the banner projects over public property, public right-of-way, or public
easement, a minimum vertical clearance of eight feet (8'), measured from grade shall be maintained,
provided that an encroachment permit or license agreement has been obtained for said projection.
g. A banner may project a maximum of four feet (4') from the outer surface of the building
(e.g., a banner placed on an awning), provided that it does not project to within two feet (2') of the curbline
of the street or vehicular roadway.
h. If a banner is illuminated, the illumination shall be located and directed so that it does not
create glare, or be capable of reflecting light or directing such light onto or into any adjoining or nearby lot,
structure or public right-of-way. When spotlights or floodlights are used to illuminate a banner, a reflector
shall be provided with proper shields or glass lenses concentrating illumination upon the area of the banner,
so as to prevent glare upon the street, sidewalk or adjacent property. Flashing lights that change color or
intensity are prohibited. All lighting shall comply with National Electric Code (NEC) requirements.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODs (PHASE II) A-86
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i. Banners shall be permitted for announcement or advertisement associated with the on-site
business or use only. This requirement shall be tenant -specific for multiple -tenant buildings.
j. Banners shall comply with the sign location and placement provisions of the sign ordinance
(San Rafael Municipal Code Sections 14.19.053(B) and (C)), which prohibits signs from obstructing exits,
windows and safety equipment, and requires that signs maintain adequate sight distance.
k. As regulated by Sections 14.19.080(F), (H) and (L) of this chapter, banners are prohibited
from displaying statements, words or pictures that are obscene or offensive to morals, are imitative of
official signs, or are likely to cause traffic confusion or traffic hazard.
F. Temporary Construction Signs. Maximum of two (2) in number per site and no more than thirty-six
(36) square feet per sign. No illumination is permitted. Examples of such signs include, among others, signs
displaying the construction project, the parties involved in the construction, and subdivision or development
sales. Such signs are subject to the approval of a sign permit and shall be permitted through the duration of
construction and sales and shall be removed no later than one month following completion of construction,
or following the last sale. This temporary sign provision does not apply to the required posting of a sign
giving notice of the city of San Rafael noise restrictions (Section 8.13.050).
G. Temporary, Portable A -Frame Signs in the Downtown Districts. The location, placement and
provisions for temporary, portable A -frame signs permitted in the downtown districts shall be established
by standards and subject to fees, as set forth by resolution of the city council from time to time.
H. Temporary Use Signs. Signs for temporary uses such as but not limited to outdoor, temporary or
seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location and
size shall be established with the use permit required for the temporary use, as required by Chapter 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 displaysi signs may
include a non-commercial display such as artwork or commercial message announcing "under
construction", "coming soon", or similar information related to a project under construction. This signage
shall be subject to prior review and approval of a temporary sign permit by the Community Development
Director to assure that sign content, message size or proposed artwork design, materials, colors, type and
duration are appropriate and would enhance the appearance of the streetscape during the period of
construction or temporary vacancygeneral, any message content should not exceed twenty-five percent
(25%) of available storefrontlg azing and should not be installed for more than six (6) months (or for the
duration of a valid building permit).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-87
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CHAPTER 14.25 — DESIGN REVIEW
45. Amend Section 14.25.040 to require review of upper story additions over 500 square feet in size and
reflect amendments made to Section 14.16 360 (Wireless Communications Facilities):
14.25.040 Improvements subject to review.
No improvement subject to environmental and design review shall hereafter be constructed, located,
repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as
provided in this chapter. The following items shall be subject to environmental and design review permits,
whether or not a building permit is required.
A. Major Physical Improvements.
1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline,
b. Residential structures with three (3) or more dwelling units, and boarding houses,
c. Residential structures as required by subdivision or zoning approvals,
d. Offices, retail and industrial structures,
e. Public, quasi -public, religious, social and similar community structures,
f. Marinas and yacht clubs;
2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units, where the
addition constitutes more than forty percent (40%) of the total square footage of the building,
b. Additions and alterations to existing nonresidential structures where the addition is greater
than forty percent (40%) of the existing square footage. (Note: The community development director may
determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the
visual character or function of a building is subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more
existing dwelling units,
d. Second dwelling units, as prescribed by Section 14.16.285.C.9 whieh ental' ^ are ineluded
in upper- stei=y additiatis to the pr-ineipal residential dwelling which e*eeed 4ve Wndred (500) square feet,
eaeasfiWte tipper- stei-y additions of any size to separate or- aeeesser-y stmeVdres or- are leeated in fequir-ed si
o
3. Major site design improvements, including but not limited to:
a. Subdivisions located on properties with an average slope of twenty-five percent (25%) or
greater, or with a general plan land use designation of hillside residential or hillside resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two
thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in
accordance with an approved and legally effective tentative and/or final subdivision map, and a legally
effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting
or filling.),
c. Landscaping as part of a development subject to major environmental and design review,
d. Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles
on a development subject to major environmental and design review,
e. Signs for a development subject to environmental and design review. The sign permit
application shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs;
4. Development subject to review as a major physical improvement pursuant to any other
provision of this title;
5. Murals and mural signs painted on the exterior surface of a wall of an existing or new structure.
6 New majer- w rele%Wireless telecommunications facility, as prescribed under Section
14.16.360.13.
B. Minor Physical Improvements.
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1. New construction and modifications, including, but not limited to:
a. Any new residence or residential additions over five hundred (500) square feet in size,
size,upper stefy additions of any or any modification that increases the height of the roofline, when located
on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside
resource residential and hillside residential general plan land use designations,
b. Any ,
ope*-addition or modification that results in lifting the existing ground level floor of a residence to
construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See
Section 14.25.050.F.6. for design criteria),
c. Accessory structures, or additions or modifications to any residential structure located
within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a
roofline, or increases building scale and mass and is determined to be visible from off-site,
d. Additions to multifamily residential structures containing three (3) or more dwelling units,
where the addition constitutes forty percent (40%) or less than the total square footage of the building,
e. New two-story single-family and duplex residential structures
proposing an upper story level over five hundred (500) square feet in sizeef any size to single & . ily �^a
d"lex residential (See Section 14.25.050.F.6. for design criteria),
£ 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,
fi. New construction or reconstruction of boat docking facilities,
gi. Additions and alterations to existing nonresidential structures where the addition is forty
percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty
(1,250) square feet,
hk. Structures over the height limit, including flagpoles, aboveground utility distribution
facilities, including communications towers and public water tanks, windmills, monuments, steeples,
cupolas, and screens for mechanical equipment (chimneys are exempt);
it New miner wir--less Wireless communications facilities, as prescribed under Chapter
14.16.360.B.
2. Minor site design improvements, including, but not limited to:
a. Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards
per site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per
site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective
tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also
required where the principal use proposed is cutting or filling.),
b. Landscaping, exterior lighting, fencing, and retaining walls over three feet (3') high,
proposed as part of a minor physical improvement subject to environmental and design review,
c. Landscape revisions determined to be minor revisions to an existing hillside residential,
multifamily or nonresidential development, proposed as part of a minor physical improvement,
d. Parking and loading areas, including driveways, sidewalks and curb cuts, on a development
subject to minor environmental and design review,
e. Commercial parking lots, including private parking and new parking locations for uses with
insufficient parking,
f. Drive -Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for
regulations,
g. Signs for a development subject to environmental and design review. The sign permit
application shall be reviewed for location, size and type of signs concurrently with the design review
application. See Chapter 14.19, Signs, of this title;
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3. Development subject to review as a minor physical improvement pursuant to any other
provision of this title.
C. Administrative Design Permits.
1. Decks, or additions to existing decks, higher than thirty inches (30") above grade, located on
residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside
resource residential and hillside residential general plan land use designations, except no review is required
for decks:
a. Less than a total of one hundred (100) square feet,
b. Not visible from the public street or adjacent properties, or
c. Replacing an existing elevated deck with a deck of same size and configuration;
2. New single-family residences located on a flag lot,
3. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size
or that include addition of a bedroom,
4. Conversion of a single-family residence to a duplex,
5. Design changes to projects that previously obtained Design Review approval. This includes
modifications to upper story additions, modifications to windows or architectural, site design or landscaping
changes. Based on the scope and potential impact of the change(s), the level of review may be increased by
the community development director.
6. Outdoor eating areas (as prescribed by Section 14.17.110
7. Minor exterior alterations to a structure or development, which are subject to environmental
and design review, that, in the opinion of the community development director, have minimal impacts on
the visual character or function of the building or development,
8. Satellite dishes over the height limit in a multifamily or nonresidential district,
9. Fences over six feet (6) in height (residential and nonresidential), and as set forth under the
criteria in Section 14.16.140
10. Nonresidential fencing proposed to be located in a front yard or between the principal building
and public street frontage(s),
11. Detached accessory structures located on hillside residential lots with slopes of twenty-five
percent (25%) or greater or located in areas with a general plan land use designation of hillside residential
or hillside resource residential,
12. Retaining walls over three feet (3') in height (measured from the ton of the footing or finished
grade, as determined by the community development director, to the top of the walliewest adjaeent gFade)
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 (T) or less in height that would potentially impact the hillside character of the site, to assure
compliance with the -H overlay district property development standards,
14. Minor landscaping revisions to existing or approved multifamily or nonresidential development
that are determined to alter the character of the site,
15. Minor modifications to existing parking lots (reconfiguration or expansion),
16. Exterior repainting and refinishing on a development which significantly deviates from the
color scheme and/or palette previously approved through an environmental and design review permit, or on
structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are
not from the approved earthtone-woodtone list,
17. Outdoor storage areas,
18. Design changes to dwelling units that were existing or approved as of January 1991 and that are
being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or dwelling units that are
being replaced pursuant to Section 14.16.270.B.5 (nonconforming structures) of this title,
19. Modifications to properties in the Eichler -Alliance (-EA) combining district which increase the
height of roof structures by more than six inches (6") or change the roof pitch, including the creation of
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-90
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sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting,
but excluding the review of solar collectors which are flush -mounted or not visible from the street frontage,
20. Rooftop equipment and screens visible from off-site,
21. Minor additions or modifications to a wireless communications facility, as prescribed under
Section 14.16.360.13,
22. Non-residential accessory structure one hundred twenty (120) square feet or less in size.
23. Ancillary detached accessory structures on a developed multi -family residential property two
hundred forty (240) square feet or less in size.
2-2-24. Development subject to review for an administrative design permit pursuant to any other
provision of this title.
D. Exceptions.
1. Single-family dwellings when sited on individual lots with frontage on a public street and not
otherwise subject to design review as listed above;
2. Ordinary maintenance and repairs;
3. New decks or additions to decks, except where review is required for decks located in hillside
areas as prescribed in Section 14.25.040.C, above;
4. Installation of solar panels on existing structures or grounds, as provided under state law and in
compliance with all applicable development standards;
5. The community development director may declare improvements which have been determined
to be minor or incidental within the intent and objectives of this chapter to be exempt from review.
46. Amend sub -Section 14.25.050.G.2 (Landscape Design) only of the complete Section 14.25.050
(Review criteria), which is to otherwise remain unaltered and in full force and effect, to omit the
reference to a specific MMWD ordinance number, as follows:
2. Water -Efficient Landscape Design. Water conservation shall be considered and incorporated in
the design of landscape and irrigation plans for all projects. For projects that are required to provide a
water -efficient landscape pursuant to Section 14.16.370 of this Title, the landscape plan and supportive
materials shall comply with Marin Municipal Water District (MMWD) Ordinance -Ne -.44-4, and future
amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for
irrigation.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-91
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CHAPTER 17.10 - DUMPING, DREDGING AND CONSTRUCTION WITHIN TIDAL
WATERWAYS
47. Amend Section 17.10.020 to replace tideland fill committee with `Department of Public Works':
17.10.020 Applicability and exceptions.
This title shall apply to all portions of San Pablo Bay and San Rafael Bay, tidelands, shorelines,
waterways, canals, beaches or salt marshes within the city which are below an elevation of 7.5 feet mean
lower low water datum and to contiguous land between that elevation line and either a point one hundred
feet inland or the nearest publicly maintained road, whichever is closer. The following items shall not be
subject to this title:
(1) Any structure, fill or excavation which is not within and which does not encroach on the tidelands
and waterways as defined herein;
(2) Any emergency work necessary to prevent or to minimize imminent damage to land or
improvements from floodwaters. Such emergency work shall be reported in writing within ten days after the
start of such work to the department of public works;
(3) Any structure, fill or excavation which the San Rafael tideland fill ,.,,mm i tee department of public
works finds to be minor or incidental;
(4) Any structure, fill or excavation which has been approved prior to May 17, 1971, as part of any
application, action or permit by the planning commission or the p1mming community development director,
except that such structure, fill or excavation shall not be deemed to have been approved for a building
permit. Where a development is subject to other provisions of the municipal code, approval of any fill,
excavation, or structure within the scope of this title, which is contained in the development, shall be
subject to the findings of subsection (4) of Section 17.10.040
(5) Any structure, fill or excavation which is behind secure dikes, which existed prior to June 16, 1971,
and which is normally not subject to tidal action by virtue of the dike, or which is only temporarily under
tidal action due to defective tide gates;
(6) Within creeks, estuaries and rivers the applicability of this title shall extend downstream from
certain defined points as follows:
(A) San Rafael Canal: The bridge at the northbound off -ramp of Highway 101 eastward (Irwin
Street),
(B) The north fork of Las Gallinas Creek: Highway 101 eastward,
(C) Any other navigable waters annexed by the city.
48. Amend Section 17.10.040 to replace tideland fill committee with `Department of Public Works':
17.10.040 Procedure.
(1) Filing and Content of Application for a Tidelands Permit. Application for fill, excavation or
structures within tidelands as defined in Section 17.10.020 shall be made to the department of public works
in the form of a tidelands permit. The application shall include information showing existing and proposed
grades, extent and amount of proposed fill or excavation, location of all existing and proposed structures, a
tentative plan for the future development of the area, and sufficient detail to allow a determination of the
impact of the proposal on the navigability, appearance and safety of the waterways.
(2) Action by San Rafael tideland fill eammi R* e department of public works. If the application
includes only a structure and/or if the proposed fill or excavation covers less than one acre, the San Rafael
tideland fill eemmiAee department of public works, consisting of the city manager or his designated
representative, the director of public works, chief building inspector, and the plying community
development director, shall approve, conditionally approve or deny the application within forty-five (45)
days after the filing date of the application, unless a later date is agreed to by the applicant. The fill
committee shall consider, in arriving at its decision, applicable regional and state plans for tidal waterways
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-92
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and the criteria, standards, and policies developed by agencies administering such regional and state plans.
The Sari Rafael department of public works shall take the above action in meetings
open to the public. Interested parties shall have opportunity to present their views and such views shall be
evaluated along with data gathered from other sources. Failure of the fill committee to act within the
prescribed time shall constitute approval of the application.
(3) Action by Planning Commission. If the proposed fill or excavation covers one acre or more, the fill
committee shall report to the planning commission its recommendations. The planning commission shall
approve, conditionally approve or deny the application within sixty (60) days of the filing date, unless a
later date is agreed to by the applicant. The planning commission shall consider, in arriving at its decision,
applicable regional and state plans for tidal waterways and the criteria, standards, and policies developed by
agencies administering such regional and state plans. The planning commission shall take the above action
in meetings open to the public. Interested parties shall have opportunity to present their views and such
views shall be evaluated along with data gathered from other sources. Failure of the planning commission
to act within the prescribed time shall constitute approval of the application.
(4) Findings. The San Rafael tideland fill ,.ew...,:, tee department of public works or the planning
commission shall approve or conditionally approve applications where it is found that:
(a) The encroachment of the tidelands is the minimum necessary to achieve the purpose of the
proposed work;
(b) The proposed fill, excavation or construction will not unduly and unnecessarily:
(1) Inhibit navigation, or access to publicly owned tidelands,
(2) Cause, or increase the likelihood of, water pollution,
(3) Cause, or increase the likelihood of, flooding of adjoining lands,
(4) Destroy, or accelerate the destruction of habitats essential to species of fish, shellfish and
other wildlife of substantial public benefit,
(5) Diminish the scenic beauty of the shoreline in a manner which will impede future
construction of parks, boat harbors and recreation facilities,
(6) Create a safety hazard in connection with settlement of fill or earthquakes, or
(7) Diminish natural waterways by siltation, sedimentation or bank erosion;
(c) The proposal is in substantial harmony with any adopted city general plan or specific plan;
(d) Public benefits will be created to offset some of the detriments which may be caused by the
nature of the proposal. However, this finding is not required:
(1) Where the application covers lands wholly above elevation 7.5 feet mean lower low water
datum, or
(2) Where the size or potential uses of the parcel are so limited that creation of a public benefit
would be unfeasible and where the amount and effect of fill, excavating or structures are minimal,
(3) If the water frontage of any presently existing parcel is less than two hundred fifty (250)
feet or its area is less than two and one-half acres, in the absence of any evidence to the contrary, it shall be
presumed that there will be no detriments which are required to be offset by public benefits.
(4) These public benefits may be realized, through development of new recreational
opportunities; or provision of new public access to the water; or enhancement of shoreline appearance; or
establishment of water transportation; or facilities for land or air transportation where all other alternatives
have been exhausted; or construction of water -oriented industry or development of marine food supplies or
other benefits considered by the planning commission to be of comparable importance.
(5) Filing Date. The filing date shall be deemed the date on which the department of public works
receives the last submission required as part of the application unless the director of public works or his
authorized representative agree in writing to an earlier filing date.
(6) Notices. Not later than ten working days prior to an application appearing before the body to which
it is initially submitted, notice of the time and place where the matter will be considered and a brief
description of the proposal shall be mailed to the owners of record of abutting properties on the adjoining
and opposite shoreline within three hundred feet of the proposed work, as shown on the latest county tax
roll. Failure to mail notice shall not invalidate any proceedings under this title.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-93
2010-001
(7) Expiration and Extension of Tidelands Permits. A tidelands permit shall expire one year from the
effective date of the approval, unless a different expiration date is stipulated at the time of approval. Prior to
the expiration of such a permit, the applicant may apply to the department of public works for an extension.
The fill committee may make minor modifications of the permit at the time of extension if it finds that there
had been a substantial change in the circumstances surrounding the original approval. Extensions may be
granted for a period of no more than one year from the time of expiration of the original permit. If a
building permit or excavation permit was issued during the effective life of a tidelands permit the expiration
date of the tidelands permit shall be automatically extended to concur with the expiration date of the
building permit or excavation permit.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-94
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