HomeMy WebLinkAboutDRB 2013-12-03 AttachmentsTypes of Land Use
I
LI/O
CCO
LNW
Additional Use
Regulations
Dry cleaning plants
P
P
P
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Electronics industry
ECZ
EC7
C
C
Food manufacture or
P*
P*
P*
P*
*Permitted by right
processing
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Fuel yards
C
Furniture manufacturing
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Furniture refinishing or
P*
P*
P*
P*
*Permitted by right
repair
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Laboratories
CZ
CZ
CZ
CZ
Machine shops
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Metal fabrication,
CCZ
C
C
C
forging or welding shops
Packaging plants
P*
P*
P*
P*
*Permitted by right
unless within 300 feet of
a residential district, in
which case it is "CZ,"
subject to a use permit.
Pharmaceutical
C
C
C
C
manufacturing
Planing mills
C
C
Printing shops
P
P
P
P
Research and
C
development facilities
Research and
CCI
CCZ
C
development industry
Research and
P
P
P
development services
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-29
2010-001
Types of Land Use
I
LI/O
CCI/O
LMU
Additional Use
Regulations
Rock, sand or gravel
C
plants (crushing,
screening and
stockpiling)
Mini -storage
P
P
P
P
See Section
14.16.150(G)(4) for FAR
exception. For lots facing
Highway 101 or 580 or
the Bay, mini -storage use
must be located behind an
active street front or bay
front use.
Moving companies
P
C
C
C
Storage, warehousing and
P
P
P
P
See Outdoor storage.
distribution
Trucking yards and
C
terminals
Waste Management
Hazardous waste
C
See hazardous waste
transfer, storage,
management plan
treatment and recycling
standards.
Resource recovery and
GCZ
recycling
Solid waste management
C
See Chapter 10.72
(collection, disposal)
Transfer stations
C
Wholesale and distribution
P
P
P
P
Offices and Related Uses
Financial services and
CZ
CZ
institutions
Medical services (medical,
dental and health-related
services, with sale of
articles clearly incidental to
the services provided)
Clinics
C
C
Laboratories
C
C
C
C
Offices, medical
C
C
C*
*Max. of 5,000 sq. ft. or
less.
Offices, general
C*
C**
C
C*
*5,000 sq. ft. or less.
**See Section
14.16.150(B)(2).
Commercial Uses
Animal care facilities (with
CZ
CZ
CZ
CZ*
*Without exterior
or without exterior kennels,
kennels, pens or runs (See
pens or runs)
Chapter 10.24).
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-30
Z010-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Building materials and
supplies
Brick, gravel, rock,
P*
P*
P*
P*
*See Outdoor storage.
concrete, lumber, tile
sales
Electrical supply stores
P*
P*
P*
P*
*See Outdoor storage.
Equipment rental
P*
P*
P*
P*
*See Outdoor storage.
business
Glass and window stores
P*
P*
P*
P*
*See Outdoor storage.
Hardware stores
P*
P*
P*
P*
*See Outdoor storage.
Paint stores
P*
P*
P*
P*
*See Outdoor storage.
Plumbing supply stores
P*
P*
P*
P*
*See Outdoor storage.
(and ancillary service)
Business sales and service
Blueprint and photocopy
P
P
P
P
shops
Computer services
P
P
P
Locksmith shop
P
P
P
P
Office furniture sales
P
P
P
and rentals
Office supply and
P
P
P
business machine shops
Printing shops
P
P
P
P
Card rooms
C
See Chapter 10.36
Coffee roasters
P
P
P
C
Food and beverage
establishments
Brew pubs
CZ
CZ
CZ
Catering
P
P
P
P
Cocktail lounges
C
(without food service)
Fast food restaurants
C
C
Food service
C
C
establishment, high
volume
Food service
establishment (with or
without incidental
service of beer or wine
or ancillary bar), but
without a cocktail
lounge, live
entertainment as defined
under Chapter 14.03,
and/or dancing
(1) 1,000 sq. ft. or less
CZ
CZ
CZ
CZ
in size
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-31
ZO10-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
(2) More than 1,000
CZ
CZ
sq. ft. in size
Food service
C
establishment, with a
cocktail lounge, live
entertainment and/or
dancing
Live entertainment
C
and/or dancing (without
food service)
Outdoor eating areas
A
A
A
A
For outdoor eating areas
on private property, see
Section 14.17.110
standards. For outdoor
seating areas located on
city sidewalks or rights-
of-way, see Section
14.16.277 standards.
Food and beverage stores
Bakeries (with ancillary
food service 1,000 sq. ft.
or less in size)
(1) Retail
P
P
(2) Wholesale
P
P
P
P
Funeral interment services
Mortuaries
P
P
P
Crematories
C
Must be located at least
650 ft. from any
residential zoning district
and/or schools, including
private, parochial, public,
nursery, preschool and
child day care facilities;
Crematory stack and
delivery entrance may not
be visible from public
streets.
Maintenance and repair
services
Appliance repair
P*
P*
P*
P*
*See Outdoor storage.
Building maintenance
P*
P*
P*
P*
*See Outdoor storage.
services
Furniture upholstery
P*
P*
P*
P*
*See Outdoor storage.
General contractors
P*
P*
P*
P*
*See Outdoor storage.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-32
ZO10-001
Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Motor vehicle sales and
service (including
automobiles, motorcycles,
trailers, trucks and
recreational vehicles)
Auto detailing
P
CZ
CZ
C
Coin -op washing
C
C
C
C
Gasoline stations
C
C
C
See Chapter 14.16
(including mini -markets,
regulations. For repair,
and minor repair, such as
see Chapter 14.17
tune-ups, brakes,
standards.
batteries, tires and
mufflers)
Rentals
CZ
CZ
CZ
CZ
See Chapter 10.84
Repairs, major (engine
A
A
A
CZ
See Chapter 14.17
work, painting, body
standards.
work)
Repairs, minor (tune-
A
A
A
CZ
See Chapter 14.17
ups, brakes, batteries,
standards.
tires, mufflers,
upholstery)
Sales, new or used
C/CZ*
C/CZ*
C/CZ*
C/CZ*
*For sales of five or
vehicles
fewer cars.
Sales, parts and supplies
P
P
P
P
Towing businesses
C
C
C
C
Wrecking yards
C
See Chapter 10.52
Kiosks
A
See Section 14.16.225
Music rehearsal/recording
P
CZ
CZ
CZ
studios
Outdoor storage
CZ
CZ
CZ
CZ
Personal service
establishments
Artistic and
P
P
P
photographic studios,
without sale of
equipment or supplies
Barber shops/beauty
P
P
P
salons
Dry cleaning
P
P
P
P
establishments with or
without on-site
processing facilities
Laundromat (self
P
P
P
service)
Nail salon
P
P
P
Seamstress/tailor
P
P
P
Shoe repair
P
P
P
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-33
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Types of Land Use
I
LI/O
CCl/0
LNW
Additional Use
Regulations
Recreational facilities
(indoors)
Bowling alleys
CZ
CZ
CZ
Fitness/recreation
CZ
CZ
CZ
facility
Retail
Drug stores and
C
pharmacies
Florist
C
Specialty retail, region-
C
serving
Public and Quasi -Public
Uses
Clubs and lodges, including
C
C
C
youth groups
Public facilities
Administrative offices
C*
P
P
P
*5,000 sq. ft. or less.
Day services center
C
C
C
Job center
C
C
C
Public and utility
C
C
C
C
facilities (corporation,
maintenance or storage
yards, utility distribution
facilities, etc.)
Public facilities, other
P
P
P
P
(police, fire, paramedics,
post office, etc.)
Public parks,
C
playgrounds and
recreation facilities
Religious institutions
C
C
C
Schools
Parochial, private
C
C
Public
P
P
Specialized education
CZ
CZ
CZ
and training
Residential, Day Care and
Visitor Accommodation
Uses
Live/work quarters
A
See Section
14.17.100(C)(9)
(Live/work quarters).
Caretaker's residence
CZ
CZ
CZ
CZ
Day care centers
CZ
CZ
CZ
CZ
Emergency shelters for the
homeless
Permanent
C
P/C
C
C
See Section 14.16.115
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-34
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Types of Land Use
I
LI/O
CCl/O
LMU
Additional Use
Regulations
Rotating or temporary
C
C
C
C
Hotels or motels
C
C
Transportation facilities
Bus stations
C
C
C
Heliport
C
"Park and ride" facilities
CZ
CZ
CZ
Parking facilities,
commercial or public
CZ
CZ
CZ
Taxi stations
C
C
C
See Chapter 10.60
Transit stations or
transitways
C
C
C
Temporary Uses
Temporary uses
A
A
A
A
See Chapter 14.17
standards.
Accessory Structures and
Uses
Accessory structures and
uses customarily incidental
and contained on the same
site
P
P
P
P
See Chapter 14.16
regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-35
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CHAPTER 14.08 — MARINE DISTRICT (M)
10. Amend the Marine District Land Use Table 14.08.020 Residential and Visitor Accommodation Uses
`Emergency Shelter for the homeless, Permanent' to reference Chapter 14.16 for additional land use
regulations:
14.08.020 Land use regulations (AI).
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.08.020
Type of Land Use
M
Additional Use Regulations
Marine Uses
Boat building and repair
C
Boat sales and rentals
P
Charter boat businesses
P
Clubs and lodges, including youth
C
groups, with a marine focus or purpose
(boating, fishing, study of marine
biology, etc.)
Contractor's shops related to marine
CZ
activities, including welding, small
machinery repair and marine engine
repair
Equipment rentals related to boating,
P
fishing, etc.
Fish and bait sales, retail
Indoors
P
Outdoors
C
Fishing enterprises, commercial and/or
C
recreational, including support facilities
(hoist, ice plant, storage, packing and
sales area and related offices)
Fishing supply stores, including bait
P
and stores
Fuel yards strictly for boats
C
Marinas, including boat slips, offices
C
(sales, management, etc.), harbor,
clubhouse, marine -related retail and
support services (restrooms, showers,
laundry, caretaker's residence, pump -
outs, etc.)
Marine electronics: sales,
C
manufacturing, assembly, testing or
repairs (including electrical,
electromechanical or electronic
equipment, or systems related to harbor
or marine activities)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-36
Z010-001
Type of Land Use
M
Additional Use Regulations
Marine industry sales, including boat
P
machinery, parts and incidental
hardware
Marine supply stores
P
Marine testing laboratories, research
C
and development facilities
Museum, marine -related
C
Offices, business support for marine
P
industry, including security
Outdoor storage, including temporary
CZ
or permanent storage containers
Parks with marine recreational features
P
or concessions
Schools, sailing, boating, etc.
P
Storage, boat (wet or dry)
P
Warehousing, strictly for storage of
CZ
boats, boat trailers and fishing gear
Yacht clubs
C
Commercial
Food and beverage service
establishments
Cocktail lounges (without food
C
service)
Food service establishments (with or
without incidental serving of beer or
wine) and without a cocktail lounge,
live entertainment and/or dancing
(1) 1,000 sq. ft. or less in size
P
(2) More than 1,000 sq. ft. in size
CZ
Food service establishments with a
CZ
cocktail lounge, live entertainment
and/or dancing
Live entertainment and/or dancing
C
(without food service)
Outdoor eating areas
A
For outdoor eating areas on private property, see Section
14.17.110 standards. For outdoor seating areas located on
city sidewalks or rights-of-way, see Section 14.16.277
standards.
Retail and Office Uses
Retail and administrative, business and
P/C/A*
*See "Retail" heading in the General Commercial district
professional office uses listed as
for permitted and conditional retail and office uses. Non -
permitted or subject to use permit in
marine related office use allowed on second floor or above
general commercial district
in a mixed-use building. Ground floor non -marine office
use is not allowed.
Public and Quasi -Public Uses
Public utility facilities
C
Residential and Visitor
Allowed on the second floor or above in a mixed-use
Accommodation Uses
project.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-37
ZO10-001
Type of Land Use
M
Additional Use Regulations
Multifamily residential
A
Emergency shelters for the homeless
Permanent
C
See Section 14.16.115 standards.
Temporary
C
Home Occupations
P
See Section 14.16.220 (Home Occupations).
Live/work quarters
A
See Section 14.17.100(C)(9) (Live/Work Quarters
regulations).
Residential care facilities for the
handicapped
Small (0-6 residents)
P
Large (7 or more residents)
P
Residential care facilities, other
Small (0-6 residents)
P
Large (7 or more residents)
C
Rooming or boarding houses
C
See Section 14.17.100(C)(8) (Boarding House
regulations). Allowed on the second floor or above in a
mixed-use project.
Caretaker's residence
CZ
Hotels or motels
C
Transportation Facilities
"Park and ride" facilities
CZ
Parking facilities, public
CZ
Temporary Uses
Temporary uses
A
See Chapter 14.17 standards.
Accessory Uses and Structures
Accessory uses and structures
customarily incidental to a permitted
use and contained on the same site
P
See Chapter 14.16 regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-38
Z010-001
11. Amend the P/QP Land Use Table 14.09.020 to amend the Residential Uses `Emergency Shelter for
the homeless, Permanent' to reference Chapter 14.16 for additional land use regulations:
14.09.020 Land use regulations (P/QP).
P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:
Administrative use permit; Blank: Not allowed.
Table 14.09.020
Type of Land Use
P/QP
Additional Use Regulations
Public/Quasi-Public Uses
Public facilities
Administrative offices (city and county,
special district, public utility, etc.)
P
Libraries, museums and other cultural facilities
P
Public and utility facilities (corporation,
maintenance or storage yards, pump stations,
utility substations, storm drainage ponds, water
tanks, utility distribution facilities, etc.)
C
Safety facilities (police, fire or paramedics)
P
Sewage or water treatment facilities, including
wastewater ponds and irrigation areas
P
Quasi -public service uses, including clubs and
other service organizations, which pursue or
provide programs such as day care, religious or
similar use
C
Schools
Parochial, private
C
Public
P
Business, performing arts, vocational
CZ
Use of school sites for other uses
C*
*May include: child care programs; educational,
recreational, cultural and religious classes,
programs and activities; administrative offices
incidental to educational service uses; churches;
counseling groups; and those private business
uses which quality as home occupations.
Commercial Uses
Funeral and interment services
Cemeteries, mausoleurns
P
Recreation facilities (indoors or outdoors)
C
Transportation Facilities
Bus stations, public
C
"Park and ride" facilities
CZ
Road right-of-ways, slope easements or similar
public improvements
C
Transit stations, public, or transitways
C
Residential Uses
Single-family residential
C
Duplex residential
C
2013 AMENDMENTS TO SAN RAEAEL MUNICIPAL CODE PHASE II) A-39
Z010-001
Type of Land Use
P/QP
Additional Use Regulations
Multifamily residential
C
See Chapter 14.17 standards.
Rooming or boarding houses
C
See Chapter 14.17 standards.
Home occupations
P
See Chapter 14.16 standards.
Live/work quarters
A
See Chapter 14.17 standards.
Residential care facilities for the handicapped
Small (0-6 residents)
P
Large (7 or more residents)
P
Residential care facilities, other
Small (0-6 residents)
P
Large (7 or more residents)
C
Rooming or boarding houses
A
Family day care
See Chapter 14.17 standards.
Small (0-6 children or adults)
P
Large (712 children)
A
See Chapter 14.17 standards
Large (7-12 adults)
C
See Chapter 14.17 standards
Emergency shelters for the homeless
Permanent
C
See Section 14.16.115
Rotating or temporary
C
Day care center
CZ
Temporary Uses
Temporary uses
A
See Chapter 14.17 standards.
Accessory Structures and Uses
Accessory structures and uses customarily
incidental to a permitted use and contained on the
same site.
P
See Chapter 14.16 regulations.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-40
Z010-001
CHAPTER 14.12 — HILLSIDE OVERLAY DISTRICT (-H)
12. Amend Section 14.12.020 Hillside (—H) overlay district to refer to the General Plan land use
"designations"; not districts:
14.12.020 Criteria for establishment of hillside development overlay district.
A. These regulations shall apply to all lots with an average slope of twenty-five percent (25%) or
greater, or located in the hillside resource residential or hillside residential general plan land use
distrietsdesinag tions. The hillside development overlay district on the zoning map is placed on those lots
which are in the hillside resource residential or hillside residential general plan land use districts.
B. Lots with an average slope greater than twenty-five percent (25%) not shown in the hillside
development overlay district are presumed to exist in the city and are protected under all of the terms and
provisions of this chapter. Development on such lots requires compliance with the requirements of the
hillside development overlay district, except that such lots need not be rezoned to the hillside development
overlay district.
13. Amend Section 14.12.030.F & .H to incorporate parking and driveway design exception allowances
that have been routinely considered by the hearing body, consistent with the Hillside Design Guidelines
Manual and Hillside Design Guideline Checklist.
14.12.030 Property development standards (-H).
Development standards shall be those of the underlying zoning district with which a hillside
development overlay district is combined, provided that the following shall be in addition and shall govern
where conflicts arise, except for subsection G, Lot Standards, where the lot size standard of the underlying
zoning district applies when more restrictive than the subdivision ordinance.
A. Building Stepback. A building stepback is established to limit the height of structures to avoid
excessive building bulk. On the downhill slope walls and on walls facing front and side property lines, a
twenty -foot (20') height limit measured from existing grade shall be observed within all areas within fifteen
feet (15') of the maximum building envelope limit. To allow for design flexibility, an encroachment into the
street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the
building length.
B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more than
one-half of the required yard or setback, subject to approval by the hearing body of an environmental and
design review permit, with the recommendation of the design review board that the decrease minimizes the
impact of hillside development and grading. If such a reduction is granted, a compensating increase in
setback is required in the opposing setback, i.e., a five-foot (5') reduction in a front yard setback would
increase the rear yard setback by five feet (5').
C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage
figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural
state. This standard may be waived or reduced for lots zoned PD (planned district) or developed with
clustered development with the recommendation of the design review board, subject to approval by the
hearing body. This requirement does not apply to properties where the general plan has adopted a medium
density residential or high density residential land use designation.
D. Gross Building Square Footage. The maximum permitted gross building square footage of all
structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited
to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum
gross square footage set at six thousand five hundred (6,500) square feet. This requirement does not apply
to properties where the general plan has adopted a medium density residential or high density residential
land use designation.
2013 AMENDMENTS TO SAN RAFAEL MuNiciPAL CODE (PHASE II) A-41
ZO10-001
E. Ridgeline Development. Development of new structures within one hundred (100) vertical feet of a
visually significant ridgeline, as shown on the community design map of the general plan, is prohibited
unless this restriction precludes all reasonable economic use of the property. Exception: an exception to the
ridgeline regulation may be granted if the decision-making body makes the findings that:
1. There are no site development alternatives which avoid ridgeline development;
2. The density has been reduced to the minimum allowed by the general plan land use designation
density range;
3. No new subdivision lots are created which will result in ridgeline development; and
4. The proposed development will not have significant adverse visual impacts due to
modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the
visual impacts of the development, as viewed from all public viewing areas.
ILLUSTRATION 14.12.030
ILLUSTRATION OF RIDGELINE HOME STANDARDS
,
i00
_
RIDGE•
LINE
NO BUILDING
WITHIN 100
100 VERTICAL FEET
F. Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2)
additional on-site parking spaces shall be provided (not on the driveway apron) for single-family residential
development. These spaces should be conveniently placed relative to the dwelling unit which they
predominately serve. This requirement may be waived, modified, or reduced by the hearing body when the
size or shape of the lot or the need for excessive grading or tree removal makes the requirement infeasible.
For lots with a steep downslope from the street, the hearing body maapprove an alternate parkin dg esig_n
that would allow vehicles to back -out onto a street less than twenty-six feet (26') wide if there is adequate
sight distance and backup space provided (e.g., twenty-six feet (26') of combined paved area behind the
parkin space), pace), and it would reduce the need for excessiverg ading, or driveway slope, or tree removal, and
if recommended b,, t�partment of public works.
G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject
to the slope tables established under Chapter 15.07 of the subdivision ordinance.
H. Street and Driveways. New street and driveway grades shall not exceed eighteen -percent (18%)
unless an exception has been granted by the hearing body, and the design has been recommended b, the
design review board, public works director and fire marshall to allow a driveway or street slope up to a
maximum twenty -five -percent (25%) grade. Streets and driveways with slopes over fifteen -percent (15%)
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-42
Z010-001
shall be a permanent, durable, non -asphalt hardscape surface. Streets and driveways with slopes over
eighteen -percent (18%) shall have grooves/scoring for traction.
1. Design Review Requirement. An environmental and design review permit may be required,
consistent with the requirements of Chapter 14.25, Environmental and Design Review Permits. All
applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_43
ZO10-001
CHAPTER 14.13 - WETLAND OVERLAY DISTRICT (-WO)
14. Amend Section 14.13.020 (Criteria for establishing the wetland overlay district) and Section
14.13.040 (Property development regulations) to be consistent with the wetland policies of the San Rafael
General Plan 2020 and to improve or clarify text for interpretation and application. Amended text to
read as follows:
14.13.020 Criteria for establishment of wetland overlay (-WO) district for identified and
unidentified wetlands.
A. These regulations shall apply to all lets properties located within the City of San Rafael whieh have
that contain wetlands 4eea4ea within the eity of San Rafael. The wetland overlay district that is classified on
the Ci 's zoning map is phased applied and adopted on those lets properties which lie contain wetlands
whieh that have been identified and confirmed by the U.S. Army Corps of Engineers. An or'e*s Aivifi_
inventory of properties that contain known and confirmed wetlands is available in the planning
depaAfne Community Development Department.
B Small wetiandsWetlands are known to exist throughout the community that are not identified or Piet
shown in the wetland overlay district, as they are typically discovered and confirmed as part of a site-
specific assessment. Nonetheless, all wetlands aro presumed to exist in the eity, are protected under all of
the terms and provisions of this chapter, and shall be rezoned when they are .demi fie a A property
containing wetlands that have been confirmed by the U.S. Army Corps of Engineers shall be rezoned to
combine the wetland overlay district with the base zoning adopted for the property.
C. Submerged properties and tidelands lots that are located within the wWater L1kjdDistrict, whwh
requires compliance with the ruts provisions of the wetland ever -lay distfie —WO District, except
that such lets properties need not be rezoned to the —WO District.
15. Amend Section 14.13.040 (property development standards) to address the current San Rafael
General Plan 2020 wetland policies and to improve the text language for easier interpretation. The
revised text is proposed as follows:
14.13.040 Property development regulations (-WO).
The required and applied Ddevelopment standards shall be those standards adopted for of -the
underlying zoning district with which a —WO District is combined, provided that
the following additional requirements shall apply be--it3-addit and shall govern where conflicts arise.
A. Structures in Wetlands. Any structures that are allowed to be placed in wetland areas (see per
Section 14.13.030(A)) must be designed and constructed to minimize adverse impacts on wetlands through
construction on pilings to allow unobstructed flow of water, so as to preserve preseryi-n -the natural contour
of the wetland and to minimizinge impairment, alteration or loss of wetlands.
B. Wetland Setbacks.
1T4eA wetland setback shall be measured from the edge of a wetland, as determined eensisten
with through application of the procedures in Section 14.13.05(A), Determination of wetland boundaries—,le
any st-Fuetufe. The setback from a creek or drainage way wetland, or from the San Rafael Canal, shall be
established and measured consistent with the provisions of Section 14.16.080, Creeks and other
watercourses of this title.
2. For wetlands which are neither creeks nor drainage ways, the wetland a development -free
setback of fift feet (50'), including but not limited to paving and structures, shall be required. shall -be-a
minimum of fik feet (SO')-. A wetland setback of greater than fifty feet (50')
Ln width may be required on lets -properties larger than two (2) acres in size, as determined through the site
development review rn ocess.
3 Exeeption:: An exception to the minimum wetland setback requirement may be granted by the
planning commission for minor encroachments, which would permit a setback reduction of no more than
2013 AMENDMENTS To SAN RAFAEL MUNICIPAL CODE (PHASE II) A-44
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ten percent (10%) of the minimum setback requirement. A minor encroachment maw granted 44he
planning eemmission makes the finding provided that the following can be demonstrated byqualified
wetland expert to the satisfaction of the City:
4-a. The proposed reduced setback or minor encroachment adequately protects the valae
functions of the wetland to the maximum extent feasible, and habitat to the yetis f ^t;^„ of the e t,. after -
review ,, by the e ;.,te „„hl;e wildlife ageneies and the „„hl;.,. or
2b. Th trier l;eet;e„ ofthetbaek« „t , l.d substantially interfere re .:itt,
rno nrcri�. c-appnvcccronvrrm�e� c=Pivu�uv�mzrciari`�-r�v;z , �„
eeenemieally viable use ofther,.epefty The environmental values of the wetland will not be impacted by
the reduced setback or minor encroachment.
City review of an exception from the minimum wetland setback requirement shall include consultation
with and consideration of comments from the appropriate resource agencies such as the State of California
Department of Fish and Wildlife.
C. Buffer Afe"Measures within Wetland Setback. Within the wetland setback -areas, appropriate
measures, such as fencing and screening, landscaping, SetheehS � r;earls and parking lots, and natural
habitat areas are required 44 the ,,.etlan setheelc- to minimize adverse impacts on wetlands and wetland
habitat.
D. Landscaping and Vegetation within Wetland Setback. Landscaping ,,.h;eh is Ron ifivasive to
wetland habitat shell he used ; required wetland setheeks and vegetation installed within the wetland
setback shall be native plant species that are indigenous to the area and selected to enhance and/or protect
habitat for the present wildlife species. Addifionafly, • egetetio wh;eh e„he„ees wetland heh;tet values and
the , of native „lento indigenous to the area is eneour-aged.
E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent
the disruption or degradation of adjacent wetlands. The planning ,lepaAfne.,t shellr-equir-ebBest-
management practices shall be required to minimize siltation, sedimentation and erosion, subject to
approval by the dDepartment of VPublic wWorks. To ensure that sediment remains on the site and is not
transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with
permanent vegetation.
F. Stormwater Runoff. Stormwater runoff systems shall be designed tom minifnize the
volume of stemwatef maeff to a we6and fr-efn a development ever the existing volume of r-tineff-, as well
as maintain adequate water flows to the wetland so as to maintain its integrity, and 2) ensure that
stormwater runoff is substantially free of debris, pollutants and silt. Stormwater runoff management
proposals shall be submitted and are subject to approval by the plagcommuni development
department, planning division and the department of public works.
G. Fill. Loss of wetlands due to filling shall be strictly avoided, unless it is not possible or practical.
A" request fef a use e it for fill must ae st«eta that the proposedFilling of wetlands is permitted
only when it is demonstrated and determined that, due to site constraints and unique site conditions, wetland
fill cannot be avoided by a reduet-ion in reducing the size, scope, configuration intensi or density of the
development, or by changing the design of the development in a way that would avoid or result in fewer
adverse effects on the wetland.
1. Mitigation for fill. If it is demonstrated that wetland fill cannot be avoided,
the !!planning Ceommission may approve a use permit fer-to authorize this fill, provided that the filled
wetland is replaced in-kind and on-site at a minimum ratio of 2:1 (two acres of new wetland for every one
acre of wetland that is filled). If it is not possible or practical to create new, on-site wetland, off-site, in-
kind replacement shall be required at a minimum ratio of 3:1. there shell he e fnini.,,uf oft,,.e (2)
wetlands , eetea rester -ed, on site ,. off site, for- everyaer-e of wetland lost, All wetland fill and
replacement shall be reviewed and authorized consistent with the provisions of Section 14.13.080(C),
Required wetland restoration or creation, and Section 14.13.070, Findings.
&Eraeptien. An exeeption to the fill r-egulations may be gfanted if the planning makes the
Minding that -
1 The st»;et e .,1; et;„ of the r-eguiations prohibiting Mill would substantially ,„twi•F.iv v,tuha
WPM *!!!Fl M I lT1'ltEf!f R'!l�lei5.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-45
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2. Thewetland is isolated and an aere at- less in size, and there is no net less in quaftfit-y Of quality 0
wetlands.
2. Waiver. A waiver to the fill regulations may be granted by the planning commission for fill of
small wetlands that are 0.1 -acre in size provided that:
a. the wetland is isolated meaning that it is not within, a part of directly connected with or
hydrologically -linked by natural flow to a creek, drainageway, wetland or submerged tidelands -
b. it is demonstrated by qualified wetland expert the preservation of the wetland is not
practical as it would not result in a functioning biological resources because of its isolation,•
c. the city has determined that filling will result in a more appropriate and desirable site plan
for the project; and
d. the city consults with and considers comments received from the appropriate resource
agencies with wetland oversight (e.g., California Department of Fish and Wildlife and/or California
Regional Water Quality Control Board
H. Incentives for Wetland Creation. To encourage the creation of new wetland areas, an exception to
the property development regulations of the underlying zoning district pertaining to setbacks, height,
landscaping and useable outdoor area may be granted consistent with Section 14.13.080(A), Incentives for
wetland creation.
I. Wetland Vegetation. Removal of wetland vegetation or changing of drainage characteristics by
private parties which adversely affects wetlands shall be avoided and requires a use permit (see Section
14.13.070, Findings).
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CHAPTER 14.16 — SITE AND USE REGULATIONS
16. Amend 14.16. 010 to clarify its specific purposes and applicability, as additional development
standards that apply to uses in several districts:
14.16.010 Specific purposes and applicability.
Site and use regulations are development standards applicable to sites in all or several districts. The site
and use regulations listed in this section are intended to ensure that new uses and development will
contribute to and be harmonious with existing development, will reduce hazards to the public resulting from
the inappropriate location, use or design of buildings and other improvements, and will be consistent with
the policies of the general plan. These regulations shall be applied as specified in the district regulations,
and as presented in this chapter.
17. Amend Section 14.16.020 to preclude construction of an accessory structure on a lot without a
principal building, clarify that accessory structures count towards total lot coverage in addition to the
30% coverage limit for side and rear yards; summarize setback requirements and height allowances for
small and large accessory structures; remove limitation on number of accessory buildings in side yards,
minimum distance to a principal building and requirement for screening from view from the front yard
or street; and add requirements for incidental collection boxes and windmills:
14.16.020 Accessory structures.
An accessory structure (i.e., a customarily incidental structure detached from a principal buildin on n the
same lot) shall comply with all requirements for principal buildings, with the following exceptions and
additional requirementsthe following standards --
A. Coverage. Aeeessefy str-uetar-es shall not exeeed amaxitnum of thirty pefeent
(30904o) of the required
;deor- .a
B. Height. The height of an aeeessoi=y stftiettir-e shall not exeeed fifteen feet (15% exeept as fieted in
„bseetio E of this seetion.
G. Alley Setback. An aceessef-j, struettife shall be leeated a minimufn of five feet (5') ftem an alley.
D. Front VaFd ATS, .,o struetfe may be 1,,e ted within a «oa f; 0f4 . ar-d
n
and the side pr-opefty line, pfeviding that it shall be at least three feet
r
feet;) ffem the main building; it shall
and,
it may be built to the side property line. it shall be
Aeeessei:y str-tiettir-es shall fiat be leeated within both side yards. An aeeessory stfuettire shall meet setbae
F. Rear- )�ar-d. A maximum of twe (2) aeeessory str-tietur-es may be leeated to the r -ear of the main
building, pr-evided they shall be at least si* feet (6') ffom any main building existing of under eenstr-tietion
en the same !at E)r- any adjoining let. An aeeessofy struewfe shall meet setbaek requirements for- rever-se
eer-ner—lets, Seeder] -14.04.030(P).
eharaetef of the pfemises, and when eanstnieted eaneur-r-efit with ei: subsequent to the principal strueture and
in eenfer-mily with all applieable fequirements of this title.
(120) sqtiar-e feet in size and ifieltides sanitavy faeilities shall require (prior- to issuanee of a building permit)
eannot be utilized as a second dwelling unit, tifiless it eemplieswith the r-equir-ements of Seetion .
A. Applicability. These standards shall apply to all zoning districts that permit accessory structures
(i.e. a structure detached from a principal building on the same lot, as defined in Section 14.03.030), and
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE 11) A-47
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shall be in addition to all other standards regulatingdevelopment of the site. Where any conflict is found to
exist, the more restrictive standard shall be applied.
B. Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent
to the construction of a principal buildingon n the property.
C. Building code compliance. Additional setbacks from property lines or adjacent structures shall be
provided where required to comply with applicable building codes, as determined by the Building Official.
D. Small Wind Energy Systems. Small wind energy systems shall be permitted as regulated under
Section 14.16.305.
E. Residential Accessory Structures. The following standards shall apply to residential accessory
structures:
1. Front and Street Side Yard Setbacks.
a. Fountains, trellises, statues and similar decorativea�provements up to four feet (4' in
height, fences, small retaining walls and minor decorative entr�vay treatments as permitted pursuant to
Section 14.16.140.A.1, decks less than twelve -inches (12") above grade, and access driveway
walkways mgy be located within the required front yard setback and/or street side yard setback, provided
that such accessory structure shall not conflict with the sight distance triangle of an intersections or
driveway required pursuant to Section 14.16.295.
b. No other structures or improvements shall be placed within a required front yard or street
side yard.
c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach
into an, ft yard or street side yard setback.
d. Accessory structures shall meet the setback requirements for reverse corner lots, contained
in Section 14.04.030(D).
2. Interior Side and Rear Yard Setbacks.
a. Zero -foot (0') Setback. The following accessory structures may be located within the
required rear and interior side yard setbacks, and up to the property line, subject to conformance with any
applicable building code limitations and provision of an unobstructed walkway clearance of at least three
feet (3') between above -grade accessory structures and adjacent buildings or the property line in order to
provide access around the primary building_
i. Accessory structures, unconditioned (e.g., not intended for human occupancy) with a
maximum floor area of one hundred twenty(120)square feet and up to eight(8' in height measured
from grade to roof peak,
ii. Fountains, trellises, statues and decorative yard improvements no taller than six feet
(6') in height;
iii. Retaining walls up to three feet (3') in height aboverg ade (e.g., exposed wall height
above finished grade, as determined by the community development director),
iv. At -grade walkways and decks less than twelve -inches (12") aboverg ade.
b. Three-foot (3') Minimum Setback. The following accessory structures may be located
within three feet of the rear and interior side ,property line:
i. Accessory structures greater than 120 square feet in floor area and up to fifteen feet
(15') in height measured from grade to roof peak;
ii. Fireplaces, barbecues, self-contained portable spas, spa/pool equipment (additional
setbacks and limitations on the placement of spa/pool pump and filtration systems shall be as specified in
Section 14.16.320);
iii. Uncovered decks twelve -inches (12") or more aboverg ade.
c. Pools/in-ground spas. A setback of at least three feet (3') or a distance equal to one-half the
depth of the pool, whichever is greater, shall be provided from the property line.
d. Easements and Property Lines. No structure or portion thereof, including overhangs and
foundations, shall obstruct an easement or cross a prope , line.
e. Accessory Structure with Sanitary Facilities. A residential accessory structure that exceeds
one hundred twenty( 120) square feet in size and includes sanitary facilities shall require (prior to issuance
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-48
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of a building permit) recordation of a deed restriction with the County of Marin to reflect that the detached
accessory structure cannot be utilized as a second dwelling unit, unless it complies with the requirements of
Section 14.16.285.
f. Mechanical equipment shall subject to additional screening and setback requirements, as
specified in Section 14.16.320.
3. Alley Setback. An accessory structure shall be located a minimum of five feet (5') from an
PRIM
4. Coverage. In addition to counting toward the total lot coverage limit that applies to all
structures on a parcel, residential accessory structures shall not exceed a maximum of thirty percent (30%)
of the required side or rear yard areas. Required front yard areas shall maintain at least fogy -percent (40%)
pervious landscape area.
E. Nonresidential Accessory Structures. The following standards shall apply to accessory structures
where permitted in a non-residential zoning district.
1. In a nonresidential district, above ground accessory structures are permitted when such
structures do not alter the character of the premises, and when constructed in conformity with all applicable
requirements of this title; including floor area ratio requirements of this Chapter 14.16, Chapter 14.18
(Parking Standards) and Chapter 14.25 (Design Review).
2. Shipping and Storage Containers. Shipping and storage containers (e.g.,`cargo" containers), or
similar all-weather storage containers, may be allowed within an outdoor storage yard that has been
gpproved consistent with the provisions of the underlying commercial and industrial district land use tables,
and section 14.17.120 (Outdoor storage). In all other instances, a storage container shall only be considered
as a permanent structure that shall be subject to all of the underly zoning oning district development standards,
design criteria and provisions of this title (including floor area ratio requirements, parking standards, and
Chapter 14.25 [Design Review]). See section 14.17.130 (Temporary uses) for regulation of a storage
container proposed for a temporary use.
18. Add the following requirement for installation of refuse enclosures on multi family, mixed-use and
non-residential development:
14.16.025 Refuse enclosure requirement.
Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-
family, mixed-use and non-residential development projects. Refuse storage areas shall be adequately
screened from view. The refuse area enclosure shall be designed to meet the minimum recommended
dimensional standards of the local refuse collection agency, as well as any requirements of other agencies
responsible for review and permitting of the facility; such as Building, Fire, Public Works or County
Health. See Section 14.16.020 for Accessory Structure standards and Chapter 14.25 for Design Review
requirements.
19. Add the following standards for homeless shelters in compliance with the General Plan 2020
Housing Element and State Law:
14.16.115 Emergency shelters — permanent.
A. Purpose. This section establishes standards for location and operation of a permanent emergency
shelter for homeless populations in compliance with California Government Code Section 65583, including
allowing shelters as a permitted use in some commercial and industrial district locations. This section is not
applicable to temporary emergency shelters established by the Qijy in response to an emergent eft.
B. Applicability. Emergency shelters to provide temporary housing and assistance for families and
individuals who are homeless shall be permitted as of right in the GC and LI/O districtseg nerally bounded
by Bellam Boulevard and I-580, consisting of those shaded parcels within this area, as shown on Map
14.16.115, and at other locations where conditionally permitted by the Land Use Tables of this Title,
consistent with the provisions herein.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-49
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v
Y
II'
Gr.
LI'i
Map 14.16.115
C. Findings Required. Where a conditional use permit must be obtained to establish an emergency
shelter pursuant to the Land Use Tables of this Title, findings shall be made with regard to the performance
standards required herein in addition to the use permit findings required pursuant to Chapter 14.22:
D. Performance Standards. An emergency shelter shall meet the followingdevelopment and
performance standards:
1. On-site management and on-site security shall be provided during hours when the emergency
shelter is in operation.
2. Adequate external lighting shall be provided for secudjy purposes (i.e., one foot-candle at all
doors and gntr 4ys and one-half foot-candle at walkways and parking lots). The lighting shall be
stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible
with the surrounding area.
3. The development may provide one or more of the following specific common facilities for the
exclusive use of the residents and staff:
a. Central cooking and dining- room(s).
b. Recreation room.
C. Counselingce� nter.
d. Child care facilities.
e. Other support services.
4. Parking and outdoor facilities shall be designed to provide security for residents, visitors,
employees and the surrounding area, and consistent with the requirements of Section 14.18.040 (Parking
Requirements).
5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less
than five feet high with a solid -with a solid -gated ed opening and that is large enough to accommodate a standard -sized
2013 AMENDMENTS To SAN RAFAEL MUNICIPAL CODE (PHASE II) A-50
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trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse
enclosure shall be accessible to refuse collection vehicles.
6. The agency or organization operating the shelter shall comply with the following requirements:
a. Shelter shall be available to residents for no more than six months. No individual or
household may be denied emergency shelter because of an inability to pay.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and
income.
c. The provider shall have a written managementplan including as applicable, provisions for
staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services
provided at the facility, and for training, counseling, and treatment programs for residents.
7. No emergency shelter shall be located within three hundred feet (300') of another emergency
homeless shelter site; unless permitted through review and approval of a conditional use permit where it is
determined the additional shelter location is appropriate and necessary to serve the intended population and
would not result in an over -concentration in the community.
8. The facility shall be in, and shall maintain at all times, good standing with town and/or state
licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.
9. The maximum number of beds or clients permitted to be served (eating, showeringand/or
nd/or
spendingthe night) nightly shall comply with the occupancy limit established by the buildingcode.
20. Amend section 14.16.130 consistent with concurrent amendments to accessory structures provisions:
14.16.130 Exclusions to the required minimum yards.
A Architectural features projecting from a structure such as fireplaces, cornices, eaves and canopies
may extend no more than two feet (2) into any required yard. Open and uncovered decks, landings plaees
or- eutside and/or stairways may project nen up to three feet (3') into any required side or rear yard
and no mere than up to six feet (6') into any required front yard. - Open, uneever-ed deeks under twelve
B. These exclusions to required minimum yards may be combined with a Setback Exceptionrg anted
pursuant to Section 14.24.020.13, provided that a minimum ,yard area is maintained in keeping with the
character of the residential neighborhood.
C. Retaining walls less than €etw three feet (49 3' or less in height measured from the tee of the mall
top of the footing to the top of the wall; and subterranean structures which are located entirely below both
existing and finished grade are allowed anywhere within the required yards; except as otherwise regulated
under Section 14.16.020 (Accessory Structures). Fountains, statues and other- ,leeer-ative yard
[s, four- gaet (41) or- less in height, may be allowed within the required front yar-d, and six fe�
(6') of loss in height may be allowed within r -ed side and rear- «,lam
D. Elevated parking decks that are proposed to provided necessary driveway access, required guest
parking, and/or access to necessary walkways serving a single-family residence on a steeply downsloping
hillside lot (i.e., twenty-five -five percent (25%) or greater downslope from the street) may be permitted within
the required front yard setback. See 14.25 for design review requirements.
21. Amend section 14.16.132 consistent with concurrent amendments to accessory structures provisions:
14.16.132 Exclusions to maximum lot coverage.
The following improvements are not counted as part of lot coverage: ground level landscaped areas, at
grade walkways, at grade including steps, and paved areas, uncovered patios and decks thirty inches (30")
or less in height, uncovered recreational and uncovered parking and driveway areas, paved parking areas
covered by solar panel installations Dursuant to Section 14.16.307. olav and storage structures not reouirini
a building Dermit that are one hundred and twentv (120) sauare feet or less in size and eight feet (8') or less
in height, and structures that are located entirely below both existing and finished grade, play and stefage
st«,,,.tures gi t are e l,undr-ed twef y ( 2m square gaet or loss in size.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-51
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22. Amend section 14.16.140 to clarify fence height regulations, allow for replacement of legal non-
conforming fences, and to apply the sight distance requirement to all driveways and intersections:
14.16.140 Fences and walls.
This section establishes regulations for the height, location and materials of fences, retaining walls and
privacy walls. The regulations are intended to prevent fences or walls which are a detriment to the
appearance and character of the community and to protect the public health, safety and welfare by assuring
adequate sight distance is provided and maintained at street intersections and driveways.
A. The following height limitations shall apply to the height of fences and walls:
1. Residential Districts.
a. Fences not exceeding four feet (4') in height may be located within the front or street side
yard, provided that at least eighty percent (80%) of any portion of the fence above three feet (3') in height is
open and nonview obscuring (see illustration 14.16.140).
b. Retaining walls up to three feet (3') in height, measured from exterior finished grade, maX
be located within a required yard setback, provided that the wall shall not conflict with the sight distance
requirements of section 14.16.295.
c. Retaining walls over three feet (3') in height shall not be permitted within required yards,
except when recommended by the design review board for development on a hillside parcel (i.e., property
that contains a slope of twenty-five percent (25%) or greater or designated —H Overlay) to minimize
grading and/or tree removal impacts. Retaining walls located outside of required setbacks shall otherwise be
reviewed subject to the regulations that apply to an accessory structure, in Section 14.16.020.
d. Fences not exceeding eight feet (8') in height may be located in an interior side or rear
yard, and subject to additional provisions of subsection C below.
e. Minor decorative entryway treatments no taller than eight and one-half feet (8.5') in height,
such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that there is
no vehicular view obstruction (i.e, adequate sight distance shall be provided and maintained, pursuant to the
provisions of Section 14.16.295).
Illustration 14.16.140
[[I I Hui [[I I I I
2. Recreation Fences. Fences for swimming pools are subject to the requirements of the building
code. Fences for tennis courts ffmy shall not exceed maximum height limits established for accessory
structures, and in no case shall exceed twelve feet (12').
3. Measurement of Height. The height of a fence or vegetation shall be measured from finished
ground level as determined by the building or planning official. Structural and/or decorative elements may
not exceed the maximum height limits, except for minor decorative entryway treatments.
4. Exception. An exception to the residential fence and walls height standards may be allowed,
subject to the provisions of Chapter 14.24, Exceptions. Exceptions for height should include a landscape
setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a
taller fence or wall alona the streetscape. A minimum setback buffer of six inches (6") should be provided
for each one -foot (1') of increased height.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-52
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B. Sight Distance. Fences orvegetation that .wide. visibility and the safe ingress and egress „interseetion, or- within the sight distmee triangle of a dfiveway as determined by the traffie �
engineer.vehieles or pedestrians shall not exeeed a height of three feet (3') within fifteen 4et (15') at any
Fencing, vegetation and retaining walls located near a driveway or street intersection shall not conflict with
the vision triangle requirements established to assure adequate sight distance is maintained for vehicles and
pedestrians, pursuant to the provisions of Section 14.16.295.
C. Permits Required. Fences over six feet (6') shall be subject to administrative environmental and
design review, Chapter 14.25 of this title. Note: A building permit may be is required for fences over six
feet (6') in height and retaining walls over three feet (3') or that support the adjacent hillside or property
improvements, as determined by the building code.
D. Replacement of Fences and Walls. An existing, nonconforming fence or wall is subject to the
following regulations:
1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep
the fence or wall in sound condition.
2. Alterations and additions may be made to a nonconforming fence or wall, provided that such
addition or alteration is consistent with these fence and walls provisions.
3. No nonconforming fence or landscape retaining wall shall be moved or replaced at its new
leeatien unless it conforms to these fence and walls provisions, except for certain residential fences as
provided below.
4. An
existing nonconforming residential fence that is located in a front yard or street side yard may be replaced
in the same location provided that:
a. The fence was previously_ permitted or authorized by the City, or existed on or before
January 1, 1992. The property owner shall provide sufficient documentation including photographs, written
testimony, etc. to verify the pre-existing condition.
b. The replacement fence may be rebuilt to its previously existing and documented height.
However, in no instance shall any replacement fence or wall exceed a height of six (6') feet, or three feet
(3') within the sight distance triangle of a driveway or intersection.
c. The replacement fence shall be consistent with the prevailing character of both sides of the
street for the length of the block (e.g., exhibiting a pattern of tall fences, walls or hedges in the front .yard
and/or street side yard).
d. A landscape buffer should be provided consistent with the recommendations in subsection
A.4 above where it is determined to be feasible to do so; between the fence or wall and adjacent sidewalk,
and/or from the top of any retaining wall and the fence. The purpose of the setback is to maintain visual
open space and minimize the appearance of a tall fence or wall abutting public rights of way,
e. All necessary permits shall be secured from the city (e.g., approval of a license agreement
or encroachment permit if fence is located within the public right-of-way); and
£ An administrative environmental and design review permit shall be obtained for
replacement of the fence.
E. Prohibited Materials. In all districts, concertina wire, razor wire, broken glass on top of a fence, and
electrified fences are prohibited. Barbed wire shall not be permitted where abutting residential uses. In
residential districts, wire mesh, chain link and similar fences are prohibited within any yard which fronts a
public street, right-of-way or waterway, except as may be required as an environmental mitigation measure.
F. Temporary Fences. Temporary security fences may be erected around construction sites during the
time a valid building permit is in effect for construction on the premises. Temporary security fences need
not comply with the above regulations and must be immediately removed upon completion of the
construction authorized by the building permit.
G. Non-Residential Fences. An administrative environmental and design review permit shall be
required for all non-residential fences to assure the fence would conform to the design and development
standards of the underlying district.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE 11) A-53
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23. Amend section 14.16.220 Home Occupations to implement the California Homemade Food Act
(AB1616), and clarify that `animal keeping' for commercial purposes is generally not an allowed home
occupation, consistent with the provisions of Chapter 14.17.
14.16.220 Home occupations.
A. Purpose. This section establishes standards for home occupation businesses. In general, a home
occupation is an accessory business use in a residence, so located and conducted that the average neighbor,
under normal circumstances, would not be aware of its existence other than for a nameplate as permitted
elsewhere in this section. The standards for home occupations in this section are intended to insureensure
compatibility with the residential character of the neighborhood, plus assure that home occupations are
clearly secondary or incidental in relation to the primary residential use.
B. Definition. A home occupation is defined as follows: A home occupation is an accessory use of a
dwelling unit, conducted entirely within the dwelling unit, carried on by one or more persons, all of whom
reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling for
residential purposes and does not change the character thereof or adversely affect the neighboring
residences. When a use is a home occupation, it means the owner, lessee or other persons who have a legal
right to the use of the dwelling unit also have the vested right to conduct the home occupation without
securing special permission to do so.
C. Standards. Home occupations are permitted residential accessory uses in any zoning district which
allows single-family, duplex or multiple -family residential uses provided that all of the following standards
are met:
1. Such occupation(s) shall be conducted solely by resident occupants in their residence e, xceut
that a cottage food operation (as defined in the State of California, Health and Safety Code (HSC) 113758)
shall be permitted to have no more than one full-time equivalent employee, not including members of the
household.
2. No more than twenty-five percent (25%) of the gross area of said residence shall be used for
such purpose. An accessory structure shall not be used for home occupation purposes. Use of a recreational
vehicle or garage for a home occupation is prohibited.
3. No use shall require internal or external alterations or involve construction features or the use
of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in
which the structure is located.
4. There shall be no outside storage of any kind related to the home occupation(s).
5. The home occupation(s) shall be operated to allow no more than one client at a time on-site.
Appointments shall be scheduled at reasonable intervals to maintain a low -intensity use and avoid client
waits. The home occupation(s) may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time. One vehicle, associated with the home occupation(s), may be kept on-site,
within a designated parking area, and shall not exceed two and one-half (2%2) gross tons in unladen vehicle
weight provided that the business vehicle license number shall be indicated on the certificate of use and
occupancy permit—home occupation or similar.
6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced
in an average residential occupancy in the district in question under normal circumstances wherein no home
occupation exists.
7. All home occupations shall be subject to all conditions which are applied in this Title 14
generally, such as off-street parking; and to all other permits required under the city code, such as building
permits and business licenses.
D. Nameplate Allowed. Up to one nameplate shall be allowed. It may display the name of the
occupant and/or the name of the home occupation (e.g., John Jones—Realtor). It shall not exceed one
square foot in area, shall be nonilluminated, and attached flat to the main structure or visible through a
window. The limitation to one nameplate applies to all lots, including corner lots.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-54
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E. Examples of Uses that Frequently Qualify as Home Occupations. The following are typical
examples of uses which often can be conducted within the limits of the restrictions established in this
chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited
to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a
home occupation): accountant, architect, artist, attorney-at-law, author, beautician/barber, computer repair,
consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring,
insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair, and a cottage
food operation, as defined in Section 113 75 8 of the State of California Health and SgfM Code, ( e.g_
producing non -potentially hazardous foods in the kitchen of the residence for retail sale at or below sales
limits established by the State of California, in compliance with all required environmental health permits
and clearances, and with no more than one full-time equivalent employee not including members of the
household.).
F. Uses that are Prohibited. The following uses by the nature of the business or operation have a
pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations or
cannot operate in compliance with applicable licensing requirements or the home occupation performance
standards and thereby substantially impair the use and value of a residential area for residence purposes
(e.g., the use would ,generate impacts on the surrounding neighborhood that are more frequent than that
usually experienced in an average residential occupancy in the district under normal circumstances wherein
no home occupation exists. This may include but not be limited to a home occupation that wouldeng erate
traffic associated with the business outside of normal daytime business hours or on Sundays, or other
impacts not typically associated with a home occupation use such as excess vehicle parking or storage of
materials or equipment). Therefore the uses specified below, and any use determined by the Community
Development Director to be similar in its operations or potential impacts, shall not be permitted as home
occupations:
a. animal keeping for commercial purposes (such as commercial pet sitting, boarding or animal
training),
b. auto repair, minor or major;
c. auto sales,
d. carpentry;
e. dance instruction;
£ dental effigies; or medical offices;
g. painting of vehicles, trailers or boats;
h. --photo-developing; or photo studios;
L --private schools with organized classes;
i—upholstering;
kfortunetelling.
1. A medical marijuana dispensary, which is not permitted as a heme eeeupation in any district
within the city of San Rafael.;
in. Ffirearms dealer
Rafael.; -
n. taxi service, dispatch, or vehicle tow service.
24. Add Section 14.16.225 to estahlish standards for kiosks and similar uses where permitted on
commercial and industrial properties:
14.16.225 Kiosks - temporary or permanent.
A. Applicability. Operation and establishment of a commercial kiosk at a fixed location on private
property shall require submittal of an administrative use permit application, where such use may be
conditionally permitted under the Land Use Tables of this Title. These provisions do not apply to a
commercial peddler, vendor or itinerant merchant activity that is not proposing to operate from a fixed
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-55
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location on a commercial site; which are not permitted to operate on private property. See Chapter 10.48 for
the regulations applying to a commercial peddler, vendor and itinerant merchant.
B. Standards.
1 A permanent retail kiosk structure shall be subject to compliance with all site and use parkin
and design review requirements of this Title.
2. Food and beverage kiosks shall include a Marin County Health Department letter of approval.
3. A movable food and beverage small trailer or cart mawpermitted to operate on a
commercially developed site where a kiosk use may be conditionally permitted by the land use tables of the
underlying district subject to the recommendation of the Department of Public Works and a determination
that the activity would comply with the following standards:
a. The use would primarily serve existing customers, employees and commuters already
traveling to or in the area (e.g., pass -by and shared vehicular trips).
b. The use shall not obstruct required walkways, driveways or create traffic congestion in the
area.
c. Adequate parking shall be available for the primary uses on the property with the additoin
of the proposed kiosk use temporary and permanent) The use shall not impact parking demand for the
primary use(s) of the site or obstruct access to required parking spaces or have a negative impact on site
circulation.
d. A maximum of two employees including the owner shall be permitted to operate the facility;
except that an additional employee may be allowed as needed to provide traffic control.
e. The food and beverage equipment shall be approved by the Marin CouM Health
Department.
f. The trailer or cart associated with the use shall be moved and stored in a permitted screened
location on-site or at an approved off-site commissary location when the business is not in operation.
g. The use may be permitted to operate between the hours of 6AM to 9PM weekdays and 7AM
to 9PM weekends and subject to further restrictions on the hours of operation as deemed necessary to
mitigate potential traffic or circulation impacts in the area.
25. Add Section 14.16.227 in order to codify past practices and apply the standards for light and glare
uniformly throughout the City, which are currently only reviewed for projects that are subject to design
review:
14.16.227 Light and glare.
Colors. materials and lighting shall be designed to avoid creating undue off-site light and glare impacts.
New or amended building or site colors, materials and lighting shall comply with the following standards,
subject to review and recommendation by the police department, public works department, and community
development department:
A. Glossy finishes and reflective glass such as glazed or mirrored surfaces are discouraged, and
prohibited where it would create an adverse impact on pedestrian or automotive traffic or on adjacent
structures; particularly within the downtown environs and in commercial, industrial and hillside areas.
B. Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view
off-site and avoid spillover onto adjacent properties.
C. The foot-candle intensi1y of lighting; should be the minimum amount necessary to provide a sense
of security at building entr vyways, walkways and parkin log t. In general terms, acceptable lightinglevels
e
would provide one foot-candle ground level overlap at doorways, one-half foot-candle overlap at walkways
and parking lots, and fall below one foot-candle at the property line.
D. Lighting shall be reviewed for compatibility with on-site and off -sight light sources. This shall
include review of lighting intensity, overlap and type of illumination (e.g., high-pressure sodium, LED,
etc.). This may include a review by the city to assure that lighting installed on private property would not
cause conflicts with public street lighting,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-56
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E. Installation of new lighting fixtures or changes in lighting intensity on mixed use and non-
residential properties shall be subject to Environmental and Design Review Permit review as required by
Chapter 14.25 (Design Review).
F. Maximum wattage of lamps shall be specified on the plans submitted for electrical permits
G. All new lighting shall be subject to a 90 -day post installation inspection to allow for adjustment and
assure compliance with this section.
26. Add Section 14.16.243 to codify past practices and apply general standards for screening of
mechanical equipment on rooftops or exterior yard areas of nonresidential buildings:
14.16.243 Mechanical equipment screening.
Equipment placed on the rooftop of a building or in an exterior yard area shall be adequately screened
from public view. See Chapter 14.16 for exclusions to maximum height requirements and Chapter 14.25 for
design review requirements.
27. Add Section 14.16.295 to establish general requirements for maintaining adequate sight distance at
intersections and driveways, currently only implemented for fences and vegetation:
14.16.295 Sight distance.
Fencing, vegetation and improvements shall be established and maintained only in a manner that does
not reduce visibility for the safe ingress and egress of vehicles or pedestrians within a required vision
triangle, e.g., fifteen feet (15') from the curb return at any intersection or driveway, or as determined by the
director of public works In general fencing and improvements or vegetation located within the established
vision triangle (as determined below) shall not exceed a height of three feet (3') as measured above the
adjacent street pavement. The vision triangle shall be kept free of any visual obstruction between a height of
three feet (3') to eight feet (8') above the street grade elevation
The typical vision triangle area shall be determined as follows:
Illustration 14.16.295
CURB RETURN
CURB RETURN ,��
VISION TRIANGLE
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-57
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For locations that have obstructions due to unique site constraints or topography, the vision triangle
shall be determined by the director of public works.
28. Add Section 14.16.305 to establish standards and allow `Small Wind Energy Systems' as a permitted
use in all zoning districts, except Open Space.
14.16.305 Small wind energy systems.
A. Purpose. This section establishes standards to regulate the design and placement of small wind
energy Ustems on public and private property to minimize the potential safety and aesthetic impacts on
neighboring property owners and the community.
B. Applicability. Standards for small wind energy systems shall apply in all residential, commercial &
office industrial planned development, marine, and public/quasi-public zoning districts. Small wind energy
systems shall not be permitted in the parks/open space and water zoning districts.
C. Development Standards.
1. Height. Tower height of freestanding small wind energy system shall not exceed the
maximum height limit above grade established for principal structures in the applicable zoning district;
except as may be allowed through design review and consistent with the provisions of section 14.16.120.
The tower height shall not include the wind turbine itself. The total extended height shall include the
distance above grade to a blade tip of a wind turbine at its highest point of travel.
2. Setbacks. Small wind energy systems shall be located a minimum distance from all property
lines equal to one-half of the total extended height of the unit above grade or the roof mounting point.
Small wind energy systems may not be located in a front or side yard setback area.
3. Noise. Small wind energy Ustems shall operate within the noise limitations established in
Chapter 8.13 of the Municipal Code, except that these limits may be exceeded during severe wind storms.
4. Access. If a climbing apparatus is present on the tower within twelve feet (12) of ade,
access to the tower shall be controlled by one of the following means:
a. Removal of climbing pegs or rungs within twelve feet (12') of grade,
b. Installation of a locked anti -climb device on the tower,
c. Installation of a locked, protective fence at least six feet in height that encloses the tower,
or
d. Other means of security deemed comparable by the building; official.
5. Lighting. No illumination of the turbine or the tower shall be allowed, except where required
by the Federal Aviation Administration.
6. Signage. No signs, other than the manufacturer's or installer's identification, appropriate
warning signs, or owner identification shall be allowed on a small wind energsystem.
7. Requirement for Engineered Drawings. Building permit applications for small wind energy
systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered
drawings of the tower, base, footings, and/or foundation as provided by the manufacturer.
D. Abandonment. A wind turbine which is inoperable for six (6) consecutive months or deemed
unsafe by the building official shall be removed by the owner.
29. Add Section 14.16.307 standards for solar installations, consistent with the City General Plan 2020
Sustainability Element (Policy SU -4), 2009 Climate Change Action Plan, Green Building Ordinance,
State Law, and City policies that support and encourage establishment of solar energy systems and solar
energy producers within the City:
14.16.307 Solar installations.
A. Solar installations on developed properties. As provided under federal law, installation of solar
panels on the roof of permitted structures and paved parking areas or on the grounds of developed property
that are intended to offset the energy demand of the use of the property and in compliance with all
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-58
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applicable zoning district development standards shall be permitted by right, subject to issuance of a
building permit and ministerial review for compliance with the following standards:
1. An environmental and design permit shall not be required for a solar installation proposed on a
developed property, consistent with the these provisions and Section 14.25.040.D.4.
2. A solar installation shall include all associated equipment, such as an inverter required to
convert power from direct current "DC" to alternating current "AC" and connections made between the site
and powerrg id equipment. Associated equipment does not include a substation.
3. The solar installation shall not be placed within any required front or exterior side yard setback
or within a required landscape area. Further, the solar installation shall not require removal of any required
landscaping improvements or native vegetation that is within a required natural state area established
pursuant to the Hillside Overlay District regulations of Chapter 14.12. Landscaping modifications may
require design review approval, pursuant to Chapter 14.25.
4. Consistent with state law (Ca Civil Code Section 714.1 — Solar Rights Act, amended 2004),
private covenants, conditions and restrictions (CC&R's)cannot prohibit installation of solar equipment on
buildings.
5. The City may impose reasonable restrictions that do not significantly increase cost of systems
for solar heating more than 20 -percent or photo -voltaic more than $2,000, or decrease efficiency more than
20 -percent.
6. The City may require that panels be designed with low-reflectivi _ or glare -resistant surfaces to
the extent necessary to protect public health, safety and welfare, be placed as close to roof or grade surface
as feasible, and provide screening of the structural supports, as deemed necessary and feasible, subject to
limitations imposed by state law regarding impact upon the cost and efficiency of the solar energy system.
The facility may not be denied solely for aesthetic reasons.
7. Consistent with the provisions of State law, shade control protections, private parties can
resolve any disputes with respect to the Solar Shade Control Act (Ca Public Resources Code Div. 15,
Section 25980 et. seq., Solar Shade Control Act.) through a civil action.
B. Solar energy production facilities for off-site power distribution. A conditional use permit approval
shall be required to establish a solar energy production facility that is intended to produce energy for
distribution to the power grid, that is proposed other than on existing buildings or paved parking lots (e.g_.,
solar power plant or "energy farm", as regulated under Ca Codes Public Utilities Code Section 2868-2869,
as it may be amended from time to time). Solar energy production facility(s) shall only be established where
"utility facilities" are listed as a conditionally permitted quasi public use in the underlyingzoning oning district
land use table(
30. Amend section 14.16.320 to be consistent with concurrent amendments to the accessory structures
standards:
14.16.320 Swimming pools,-a*d hot tubs, and other residential equipment.
Ne swimming pool shall ener-eaeh inte aft), 4e. -A yar-d setbaek. No he& fub -hall efiefeaeh into afly
r-equifed (fent .,,,,.a Seth ekor- be Ions than five roes (5') a -way f ,,,,, . prepefty line. No pump or filter
installation, air conditioning unit or similar mechanical equipment shall be less than five feet (5') from any
property line. If a pump or filter or mechanical equipment unit is located within fifteen feet (15') of any
bedroom window on an adjacent lot, a three (3) sided solid enclosure with baffles to screen the equipment
from the bedroom, or equally effective measure(s), shall be provided to reduce noise impact.
31. Amend section 14.16.360 to update wireless facilities regulations in an effort to streamline review
consistent with provisions of the Federal Telecommunications Act & Middle Class Tax Relief and Job
Creation Act of 2012, further encourage stealth design solutions, amend and downgrade review authority
for existing and stealth facilities, and extend the annual City RF review period from 3 years to S years:
14.16.360 Wireless communication facilities.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-59
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A. Purpose. This section establishes standards to regulate the design and placement of towers,
antennas, and other wireless communication transmission and/or reception facilities (hereinafter called
wireless communication facilities) on public and private property to minimize the potential safety and
aesthetic impacts on neighboring property owners and the community, and to comply with applicable state
and federal laws, including the Federal Telecommunications Act of 1996. To fulfill this purpose, this
section is intended to:
1. Establish review and approval requirements, application submittal requirements, and
development standards to regulate the design and placement of wireless communication facilities so as to
preserve the visual character of the city and to ensure public health and safety, consistent with federal law
and Federal Communications Commissions (FCC) regulations.
2. Acknowledge the community benefit associated with the provision of wireless communication
services within the city.
3. Encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single -use towers.
4. Allow the communily development director, or delegated staff, to make certain determinations
under the provisions of this section.
B. Permits Zoning Review Required.
1. Ministerial Review.
a. No discretionary use permit or environmental design review planning permits shall be
required for the following wireless communications facilities, which shall be subject to a ministerial -level
review by the community development director to assure compliance with the requirements of subsections
G, H, I, J, K, L and M of this section: .
i. Co -located facilities on an existing approved monopole or tower structure that utilizes
or improves stealth design characteristics of the facility, and/or does not substantially increase the visible
height or overall dimensions of the structure and/or ground lease area; and
ii. Building -mounted facilities, including modification to existing permitted facilities that
are architecturally compatible with and entirely ntegrated into the existing building facade (i.e., stealth
design). In general, to be deemed architecturally compatible and entirely integrated with the building
fagade the modification shall utilize or improve existing roof -top screening solutions, shall not increase the
building height, and shall be flush with and designed to blend into the existing building walls or facades.
b. Ministerial review shall not apply to modifications of monopoles or towers, new building
additions extensions projections, etc. made to existing facilities which the communi1y development
director determines would increase the visual impacts of the facility. This shall include extensions to height
of a facility that exceeds the height limits of the base zoning district. In such instances, an environmental
and design review permit shall be required for the stealth design modifications pursuant to the provisions of
Chapter 14.25.
2. Discretionary Review. A zoning administrator level use permit and an environmental and
design review permit shall be required for the following new wireless communication facilities pursuant to
the requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review
Permits, consistent with the provisions of this section;:
a. New ground -mounted facilities (towers and monopoles) or significant additions proposed
to existing facilities that would increase its visual height, overall dimensions and/or lease area (e.g.,_more
than ten -percent (10%) increase in the existing permitted height, overall dimension, lease area), and
b. An facility which in conjunction with existing facilities in the area, exceeds the Federal
Communications Commission (FCC) standards for public exposure for radio frequency emissions.
Minor additions or madifieations to existing pennitted f4eilifies that will not signifieaady affeet r-adie
c. The community development director may determine that minor modifications to an
existingfty shall be subject to an administrative level design review. In general, to be deemed a minor
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A -E0
Z010-001
modification, the alteration or addition shall not significantly change the appearance of the existing facility
or its stealth design, or increase visual height, overall dimensions, or ground lease area by more than ten -
percent (10%).
d. The communi , development director may elevate the project for review and action by the
planning commission or refer a project to the design review board for its recommendation, as
determined necessary to assure that that appropriate stealth designs are being proposed to the maximum
extent practicable, that the facility location is suitable, that development appropriately responds to its
setting, and that the requirements of this section are substantially addressed.
C. Appeals. All discretionary decisions of the community development director, zoning administrator,
or the planning commission may be appealed in accordance with the provisions of Chapter 14.28, Appeals.
QD. Application Requirements. Applications for a use permit and/or an environmental and design
review permit shall be initiated by submitting all of the following information:
1. A completed application form, signed by the property owner or
accompanied by a letter of authorization that states the property owner has read and agrees to the
Conditions of Application, and accompanied by the required fee. Application procedures and processing
timeframes shall be in accordance with state law requirements and the procedural guidelines established by
the community development director.
2. Six (6) sets of materials and plans showing the following information:
a. Project Description. A complete project description, including the following information on
the proposed wireless communication facility:
i. Number and sizes of antennas and approximate orientation,
ii. Other technical information regarding transmission equipment such as maximum
power output and frequencies,
iii. Copy of FCC license,
iv. Heights of proposed facilities,
v. Equipment enclosure type and size,
vi. Materials and colors of antennas and any equipment enclosure,
vii. Description of towers or other structures necessary to support the proposed facilities,
and
viii. Description of lighting, signage and landscaping proposed.
b. Site Plan. A site plan showing the overall site and a detail of the project area on a twenty-
four -inch -by -thirty -six-inch (24" x 36") sheet of paper and an eleven -inch -by -seventeen -inch (11" x 17")
reduction, including the following information:
i. Vicinity map,
ii. Parcel lines of the subject parcel,
iii. Contextual map showing structures on adjacent properties,
iv. Location and names of adjacent streets and drives proposed to serve as access to the
facility,
v. Topography of the subject parcel and location of any drainages within or adjacent to
the site,
vi. Location of all existing buildings, structures, utilities, parking areas, significant trees
and other natural forms, or other features which might affect the proposed use of the property,
vii. Setbacks of proposed structures and improvements from the property lines,
viii.Location and height of required cuts and fills for the grading of land and any retaining
walls proposed,
ix. Location of proposed development including all towers, structures, buildings, utility
line extensions, driveways or roads, and parking areas,
x. Schematic drainage and grading plan, and
xi. North arrow, graphic scale, the applicant's name, assessor's parcel number and date
prepared.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-61
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c. Elevations. Elevations showing all sides of the proposed facility set forth on a twenty-four-
inch-by-thirty-six-inch (24" x 36") sheet of paper, and an eleven-inch-by-seventeen-inch (11" x 17")
reduction, including the following information:
i. Elevations and sections of the site displaying site topography, proposed facilities
including towers, equipment shelter and existing buildings,
ii. Wall, roof, tower and antenna materials,
iii. Fencing, air conditioning units and outdoor lighting, if any,
iv. Rooftop or building features such as vents, chimneys and antennas, and
v. Building or tower height as measured from natural grade.
d. Photo-Simulations. Photo-simulations of the proposed facility from key public viewpoints
based upon consultation with city staff. Photo-simulations shall display existing and proposed views in an
eleven-inch-by-seventeen-inch (11" x 17"), or larger, format, with the dates shown when the base photo was
taken.
e. Landscape Plan. A landscape and irrigation plan, showing all existing and proposed
improvements, location of proposed plantings and type of landscape material, for proposed ground-mounted
facilities including equipment cabinets.
3. Alternative Site Analysis. An alternative site analysis is required if the proposed facility is:
a. Located within any district other than a commercial or industrial district;
b. Located within fifty feet (50') of a "Less Preferred Location," as defined in subsection
(G)(2) of this section (i.e., parks, open space or residential zoningdistrict);
c. Lacking stealth design; or
d. Not co-located with an existing approved facility.
The alternative site analysis shall be presented in a narrative form with supporting maps and other
graphics that identify the other site locations considered and rejected in favor of the proposed site. The
applicant shall provide supporting reasons why the alternate sites were infeasible and rejected, why co-
location or building-mounted location has not been pursued (if applicable), and why the proposed site is
superior from a technical or other standpoint to the others considered.
4. Future Co-Location. For new towers or monopoles, a signed statement that the applie.a carrier,
or its future successors, will cooperate with the city to allow future co-location of antennas at the proposed
site if it is approved and that the carrier has reviewed and agrees to comply with all post-approval
requirements of this section.
5. Story Poles. Story poles or mock-ups may be required if deemed necessary by the community
development director.
6. RFR Study and FCC Compliance Details. For the sole purpose of verifying compliance with
the FCC radio frequency emission standards, an emissions report which measures the predicted and actual,
Mahle, levels of electromagnetic field radiation emitted by the proposed facility operating alone and in
combination with radiation emitted from other existing or approved facilities that can be detected at the
proposed facility site. Radiation measurements shall be based on all proposed (applications filed and
pending), approved, and existing facilities operating at maximum power densities and frequencies. The
study shall identify the existing and predicted electromagnetic field radiation in table form, identify any
measures required to comply with the FCC standards for predicted exposure levels, provide a summary of
the conclusions of the report and provide details for apy signage, barriers or similar mitigation that is
recommended or required. If mitigation is required, the details for signage, barriers or other physical
improvements shall also be included on the project plans prepared for the facility. It is the responsibility of
the applicant to determine the location and power of existing facilities.
7. Noise Analysis. A noise analysis for emergency generators or other noise-producing facilities.
8. Peer Review. The city may require a peer review of the project, conducted by a qualified RF
engineering consultant selected by the ci . and paid for by the project applicant, to confirm the adequacy of
the RFR study and/or technical design requirements of the facility.
D. Review Autherity. Au4herity ever the provisions and requifements of this seetion shall lie with the
following effieial bodies or- offieials!
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1. Gammtinil�, Development Pir-eetef. The eomfminit�, development dir-eetor or his or- her- designee
has the author-k�, to:
a. Exempt applieations fet: minof additions or- modifieations to existing pefmit4ed faeilities that will
permit, and take aetion to
eonditionally approve E)r- deny an administrative level envif0fiffiefital
e
a design review permit.
e. Refer- applieations to the plan ion fer- r-eview and aetion.
2. Design Review Board. The design r-eview board shall ser-ve as an adviso body to the planning
.___�_iefls to existing permit4ed > >
whieh aresubjeet to an administrative level efivir-onmental and design r-eview per-mit.
a. New ground mounted faeilities (tower -s or- ;
b. Any > ith area,
(750%) of the FGG standard for- publie exposur-e; and
e. Any Exit-l6i3-r ari'ccrt9Zrrcnr-vet-rrecommunity zcrv-roPrrrcrrc-crrrcccvr
4. Zoning Adminis4ater. The zoning administrator- has the authorit�, to approve, eonditionally appi:ove
or- deny tise permit and envir-Emmental and design fevie", pefmit appliea4ions for- the following:
a. Go loeated faeilities on an existing appr-oved stftietur-e; and
'a— Building -1 ted €4eilines
5. Appeals. All deeisions of the eommunity development dir-eetor-, zofiiiig admifiistra4or- of the
.
E. Exemptions. The following types of facilities are exempt from the provisions of this section:
1. Facilities for which zoning permit applications were approved by the city and/or building
permits were issued on or prior to the effective date of this section and which remain valid (i.e., not expired)
shall be exempt from the review and approval requirements of this section, except that 44, the requirements
for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed
modifications to existing facilities shall be applicable;
2. Facilities owned and operated by public agencies; and
3. Proposed facilities that would be located entirely within a building and only serve that building.
F. Public Notice. Notice of a public meeting or hearing for a wireless communication facility subject
to a use permit and/or environmental and design review permit shall be given in accordance with Chapter
14.29, Public Notice, except that a public notice shall be mailed to all property owners within one thousand
feet (1,000') of any proposed facility that includes a tower or monopole. Public hearing and notice shall not
be required for minor modifications made to existing facilities that the community development director
determines, pursuant to the provisions of Section 14.16.360.B.3, would require only an administrative level
environmental and design review permit.
G. General Location Standards. The most desirable location for new wireless communication facilities
is co -location on existing facilities or buildings. All wireless communication facilities shall be sited to avoid
or minimize land use conflicts in compliance with the following standards:
1. Preferred Locations. The following list of preferred locations for wireless communication
facilities is in order of preference from most to least preferred: Industrial, public or quasi -public,
commercial and office zoning districts are the preferred locations.
2. Less Preferred Locations. The following less preferred locations are listed in order of
preference from most to least preferred: Parks or open space and residential zoning districts.
3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within
residential, designated open space or conservation areas unless sufficient technical and other information is
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provided to demonstrate to the satisfaction of the planning commission or zoning administrator that location
in such areas is appropriate, subject to the following findings:
a. The location of the proposed facility site is essential to meet the service demands of the
carrier and no other alternative co -location, existing development or utility facility site, or type of antenna
support structure is feasible. This shall be documented by the applicant providing a list of the locations of
preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure
these preferred sites, and the specific reasons why these efforts and measures were unsuccessful.
b. The use of a monopole for the proposed facility by itself or in combination with other
existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use
compatibility, visual resources and public safety.
4. Avoid Significant Buildings and View Sheds. Wireless communication facilities shall not be
located on historically or architecturally significant structures unless visually and architecturally integrated
with the structure, and shall not interfere with prominent vistas or significant public view corridors.
H. Design Requirements.
1. Co -Location. All new wireless communication facilities service providers shall co -locate with
other existing and/or planned new wireless communication facilities whenever feasible. Service providers
are encouraged to co -locate with other existing facilities such as water tanks, light standards and other
utility structures where the co -location is found to minimize the overall visual impact of the new facility.
2. Stealth Design. All wireless communication facilities shall have a stealth design to screen or
reduce visual impacts and blend the facility into the existing environment. Examples of stealth design are
facade -mounted antennas located within architectural features so they are screened from view, or an
antenna design that mimics architectural features so they appear to be architecturally integrated as a part of
the building design, or facilities with colors and materials to minimize visibility such as a non -reflective
finish in a color compatible with the surrounding area. Stealth tower, monopole or building design should
seamlessly integrate with its setting and/or buildingfagade. A seamless integration would include fagade
mounted facilities that are flush with the existing building wall or window plane and that are finished to
match the existing, textures and finishes or a high-quality faux tree or similar monopole/tower design that
would match existing surrounding vegetation or site characteristics. Referral to the design review board
may be required to confirm whether a particular design solution would clearly integrate into an existing
building or site and meet the intent of stealth design.
3. Ground -Mounted Facilities. All new ground -mounted wireless communication equipment,
antennas, poles, dishes, cabinet structures, towers or other appurtenances shall be:
a. Co -located on existing structures to the extent feasible. Co -location is preferred over new
monopoles or other towers erected specifically to support wireless communication facilities unless technical
evidence demonstrates that there are no other alternative sites or feasible support structures or the use of a
monopole or tower would avoid or minimize adverse effects related to the view shed, land use
compatibility, visual resources and public safety.
b. Sited to be screened by existing development, topography or vegetation to the extent
consistent with proper operation of the wireless communication facility. Additional new, irrigated
vegetation, or other screening, may be required as a condition of approval.
c. Designed using high-quali1y techniques to minimum surrounding vegetation or features in
order to blend into the site to the maximum extent practicable.
4. Roof and Building -Mounted Facilities. Roof and building -mounted antennas and equipment
shall be:
a. Sited and designed to appear as an integral part of the structure or otherwise minimize their
appearance. Placing roof -mounted antennas in direct line with significant view corridors shall be avoided.
Where appropriate, construction of a rooftop parapet wall to hide the facility may be required.
b. Integrated architecturally with the style -design, color, materials and -Character of the
structure or otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within
an existing or newly -created architectural feature (e.g., cupolas, dormers, chimneys or steeples1so as to be
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