HomeMy WebLinkAboutPC 2014-04-15CHAPTER 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
distrietsdesi agn 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 distfi desi agn tions.
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 stepb,ack 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 measure d.f'rom 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.
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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
1001 1
(lID6E
LINE
NO BUILDING
WITHIN 100
VERTICAL FEET
F. Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2)
additional on-site parking spaces shall be provided (not on the driveway apron) for single-family residential
development. These spaces should be conveniently placed relative to the dwelling unit which they
predominately serve. This requirement may be waived or reduced by the hearing body when the size or
shape of the lot or the need for excessive grading or tree removal makes the requirement infeasible. ;f urdier.
vehicles should not be req uired to back -out Onto a street less Ihan twent -six feet 26' wide unless
(approved by t1le hearing body as necessary to reduce the need for excessive grading or tree removal, or
Jessen driveway slope, and adequate sight distance, maneuvering area, driveway_ area and backup space
jWl1ic11 may include paved right=of-wax) are provided to facilitate safe and efficient vehicle higgess/e.gress..
,Is. recommended by t1ie public works department, fire marshal and cnlnmunity development director.
riveway and maneuvering areas shall consist of suitable. all-weathelipayement orpermeable hardscapo
,ue rface approved b. the city. - -
G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject
to the slope tables established under Chapter 15.07 of the subdivision ordinance.
H. Street and Driveways. New street and driveway grades shall not exceed eighteen percent 18%)
unless an exception has been granted by the hearing body, and the design has been recommended by the
design review board, public works director and fire marshal to allow a driveway or street slope up to a
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maximum twenty-five percent (25%) grade Streets and driveways with slopes over fifteen percent (15%)
shall be a permanent durable non -asphalt hardscape surface Streets and driveways with slopes over
eighteen percent (18%) shall have grooves/scoring for traction. A suitable transition shall be provided at the
street and driveway pron to allow vehicles to safely transition to/from roadways and parking areas, as
recommended by the department of public works Further, the design of the driveway apron at theag rage
shall be subject to review and reonlmendation frOM the department of public works to ensure safe and
efficient vehicle ingress and egress.
T. 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.
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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. Anaended 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 leeated within the eity of Safi Rafael. The wetland overlay district that is classified on
the 6 's zoning map is plaeed applied and adopted on those lets properties which have contain wetlands
whieh that have been identified and confirmed by the U.S. Army Corps of Engineers. An . of -lets •';vit�
inventory of properties that contain known and confirmed wetlands is available in the planning
community development department.
B 8faa" we4landsWetlands are known to exist throughout the community that are not identified or net
shown in the wetland overlay district, as they are typically discovered and confirmed as part of a site-
specific assessment. Nonetheless, all wetlands , are protected, under all of
the terms and provisions of this chapter, and shall be r- ed •..,,en they are ide„fi fi a A property
containing wetlands that have been. confirmed by the U.S. Arm , 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 M4District-,vAReh
requires compliance with the provisions of the wetland ever -lay dist let —WO District, except
that such lets properties need not be rezoned to the :;edand ver-layamt —WO District.
1 S. Amend Section 1433.040 (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 efthe
underlying zoning district with which a —WO District is combined, provided that
the following additional requirements shall apply and shall govern where conflicts arise..
A. Structures in Wetlands. Any structures that are allowed to be placed in wetland areas (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 the natural contour
of the wetland and to minimizinge impairment, alteration or loss of wetlands.
B. Wetland Setbacks.
1TheA wetland setback shall be measured from the edge of a wetland, as determined eansisten
ivM through application of the procedures in Section 14.13.05(A), Determination of wetland boundaries;�o
any struet we. 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�
minimum ef fifty feo (50'); A wetland setback of ' greater than fifty feet (50')
in width may be required on lets -properties larger than two (2) acres in size, as determined through the site
development review ru oeess.
3_Exe-eptiew 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
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ten percent (10%) of the minimum setback requirement. A minor encroachment may berag nted i€4ke
planning eenuaissien makes the finding provided that the following can be demonstrated byqualified
wetland expert to the .satisfaction of the city:
-1a. The proposed reduced setback or minor encroachment adequately protects the ale
functions of the wetland to the maximum extent feasible, and habitat to the s isf etion efthe eity e#e~
review by the appropriate „hl,•e wildlife e„e;es and the pubs e; of
2-b. Th st e,- applieatieft of the Seth ; ek requirement would :ld-substantially iut6 f f - _ with
:e,.lhy viable use of the pfopert) 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 AreasMeasures within Wetland Setback. Within the wetland setback-areas, appropriate
measures, such as fencing�and screening, landscaping, , and natural
habitat areas are required in the ,..,,+ and setback to minimize adverse impacts on wetlands and wetland
habitat.
D. Landscaping and Vegetation within Wetland Setback. Landscaping , Aieh is nen ifivasive to
wetland habitat shell be used in required :. etlle-n setbaeks 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
Aa,l••1• ..11. vegetation ,.h:eh enhe e e+i..,,,1 h.,h;�.values
habitat for the present wildlife species.i� 5„.u..�..................., , wetland .,,,� ., .� �...
the use of native plaffts indigenous te the ffged-.
E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent
the disruption or degradation of adjacent wetlands. The planning ,ae..., rtmeri+ hell Mequire bBest-
management practices shall be required to minimize siltation, sedimentation and erosion, subject to
approval by the department of public works. To ensure that sediment remains on the site and is not
transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with
permanent vegetation.
F. Stormwater Runoff. Stormwater runoff systems shall be designed tom
.lune of sto ..,,ate.-...,ne ffto ,. ,etl...:,1 f+eFn ...J ,ei,.pr e.,+ ever the existing .,..h,,,.,e .,F«uneff a 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 community development
department, planning. division and the department of public works.
G. Fill. Loss of wetlands due to filling shall be strictly avoided unless it is not possible or practical.
A.. request for et eper-mitf r fill must de str-Me that the pfepesed Filling of wetlands is permitted
only when it is demonstrated and determined that, due to site constraints and unique site conditions, wetland
fill cannot be avoided by a reduetien-in reducing the size, scope, configuration intensitv 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 fill is „n. ,,,.idableit is demonstrated that wetland fill cannot be avoided,
the planning commission may approve a use permit for-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 fills. 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 shall be ., minis..,,,. of two (2) ere r
-wetlands ereated of r-estereden-site of off site, for- e e of wetland test, 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.
1. The striet appheatien of the r-egulafiens prohibiting fill weuld substantially interfere
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2. The wetland is isala4ed and an aer-e ef less in size, and thefe is ne net less in quaff* ar- quality e
mss.
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 draina eway wetland or submerged tidelands-,
b. it is demonstrated by a qualified wetland expert the preservation of the wetland is not
practical as it would not result in a functioning biological resources because of its isolation,•
c. the city has determined that filling will result in a more appropriate and desirable site plan
for the project; and
d. the city consults with and considers comments received from the appropriate resource
agencies with wetland oversight (e.g., California Department of Fish and Wildlife and/or California
Regional Water Quality Control Board.
H. Incentives for Wetland Creation. To encourage the creation of new wetland areas, an exception to
the property development regulations of the underlying zoning district pertaining to setbacks, height,
landscaping and useable outdoor area may be granted consistent with Section 14.13.080(A), Incentives for
wetland creation.
I. Wetland Vegetation. Removal of wetland vegetation or changing of drainage characteristics by
private parties which adversely affects wetlands shall be avoided and requires a use permit (see Section
14.13.070, Findings).
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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 that are applicable to sites in all or several districts.
The site and use regulations listed in this section are intended to ensure that new uses and development will
contribute to and be harmonious with existing development, will reduce hazards to the public resulting from
the inappropriate location, use or design of buildings and other improvements, and will be consistent with
the policies of the general plan. These regulations shall be applied as specified in the district regulations,
and as presented in this chapter.
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 buildingon n the
same lot) shall comply with all requirements for principal buildings, with the following exceptions and
additional requirementst-he f ll,.. ing st.,n,l., fds-
0
) of the feqttir-e
R Heigh The height of a , o sf fu,.b; � shall not o ed fifteen feel (1 5 o ept as neted ;
„1.see fi,,... L' of this ..oeti ,
G. Alley Set6.aek An aeeessefy Afti,,.... e shall be 1,,...,ted . ffikiimum of five feet !G'\ f: -,.m an .,lley.
E. Side Yard. A maximum of one aeeessefy stnietufe may be leeated between the pr-iiieipal bttildin
and the side pfepeftty line, pfeviditig that it shall be M least three feet (3') ftefii the Main building; it shall
eentain a maximum area ef eighty (80) squafe fiae4j and, it may be built te the side prepef4y line. it shall be
sereened from view fiom the front yard or street by a fenee and limited to the height of the sereening fenee.
Aeeessefy struettifes shall net be laeated within both side yafds. An aeeessefy stfuetufe shall fneet setbae
feqi40 tf fever -se 0
is r lots Seetio 1 n nn 030(D�
building, pfavided they shall be at least six feet (6') ffefn any main building existing er- under eon tivtuetien
en the same let E)f any adjeining let. An aeeessefy stfttettir-e shall meet setbaek fequifements fef fevefse
eeftief let Seetion 14.04.030(D).
ehafaetef of the premises, and when eanstnieted eenetiffent with of subsequent to the pfineipal stniettife a -ad
in F ,..n„t,. with all . plieable . ,.ts of this t;tl o
(120) squafe feet in size and ineltides sanitafy faeilities shall r-equife (pfief te issttaflee of a building pefinit)
r-eeefdati on of a deed festf ietion with the eetinty of Marin to indieate that the detaelied aeeessei-y stfuetufe
eaftfiet be utilized as a seeand dwelling unit, tinless it eemplies with the fequifements 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
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shall be in addition .to all other standards regulating development of the site Where any conflict is found to
exist, the more restrictive standard shall be applied.
B. Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent
to the construction of a principal buildingon the property.
C. Building code compliance. Additional setbacks from property lines or adjacent structures shall be
provided where required to comply with applicable building codes as determined by the Building Official
D. Small Wind Energy Systems. Small wind energy systems shall be permitted as regulated under
Section 14.16.305.
E. Residential Accessory Structures. The following standards shall apply to residential accessory
structures:
1. Front and Street Side Yard Setbacks.
a. Fountains, trellises statues and similar decorative yard improvements up to four feet (4' in
height fences small retaining walls and minor decorative entryway treatments as permitted pursuant to
Section 14.16.140.A.1, decks less than twelve inches (12") above grade and access driveways and
walkwas may be located within the required front yard setback and/or street side yard setback; provided
that such accessory structure shall not conflict with the sight distance triangle of an intersections or
driveway required pursuant to Section 14.16.295.
b. No other structures or improvements shall be placed within a required front yard or street
side yard.
c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach
into any front yard or street side yard setback.
d. Accessory structures shall meet the setback requirements for reverse corner lots contained.
in Section 14.04.030(D).
2. Interior Side and Rear Yard Setbacks.
a. Zero -foot (0') Setback. The following accessory structures may be located within the
required rear and interior side yard setbacks and up to the property line subject to conformance with any
applicable building code limitations and provision of an unobstructed walkway clearance of at least three
feet (3') between above -grade accessory structures and adjacent buildings or the property line in order to
provide access around the primary building_
i. Accessory structures, unconditioned e.g. not intended for human occupancy) with a
maximum floor area of one hundred tweM (120) square feet and up to eight feet 8' in height measured
from grade to roof peak;
ii. Fountains, trellises, statues and decorativearm d improvements no taller than six feet
(6')in height;
iii. Retaining walls up to four feet (4') in height aboverg ade (ems exposed wall height
above finished grade as determined by the communi1y development director):
iv. At -grade walkways and decks less than twelve inches (12") above grade.
b. Three-foot (3') Minimum Setback. The following accessory structures may be located
within three feet of the rear and interior side yard property line:
i. Accessory structures greater than 120 square feet in floor area and up to fifteen feet
(15') in height measured from grade to roof peak,•
ii. Fireplaces, barbecues, 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 abovergrade.
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 grope , 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
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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
alley.
4. Coverage. In addition to counting toward the total lot coverage limit that applies to all
structures on a parcel, residential accessory structures shall not exceed a maximum of thirty percent (30%�
of the required side or rear yard areas. Required front yard areas shall maintain at least forty -percent (40%)
pervious landscape area.
F. Nonresidential Accessory Structures. The following standards shall apply to accessory structures
where permitted in a non-residential zoning district.
1. In a nonresidential district, above ground accessory structures are permitted when such
structures do not alter the character of the premises, and when constructed in conformity with all applicable
requirements of this title; including floor area ratio requirements of this Chapter 14 16 Chapter 14.18
(Parking Standards) and Chapter 14.25 (Design Review
2. Shipping and Storage Containers. Shipping and storage containers (e.g., "cargo" containers),
similar all-weather storage containers, may be allowed within an outdoor storage vard that has been
approved consistent with the provisions of the underlying commercial and industrial district land use tables
and Section 14.17.120 (Outdoor storage). In all other instances a storage container shall only be considered
as a permanent structure that shall be subject to all of the underlyingzoning oning district development standards
14.17.1
container proposed for a temporary use.
of a
18. Add the following requirementfor 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 apermitted use in some commercial and industrial district locations This section is not
applicable to temporary emergency shelters established by the city in response to an emergency event
B. Applicabili . Emergency shelters to provide temporary housing and assistance for families and
individuals who are homeless shall be permitted as of right in the GC and LI/O districts generally bounded
by Bellam Boulevard and I-580, consisting of those shaded parcels within this area as shown on Map
14.1.6.115, and at other locations where conditionally permitted by the Land Use Tables of this Title
Ulowever, the total number of beds provided within the area shown on Mau 14 16 1 15 shall only be
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pennitted as necessary to meet [lie local housing need established by the most current regional housing-
heeds assessment (RIIA)-prgLgctions_prepared by the association of bay area governments and based onP
(lie state housing and .community development depatiment needs assessment. 4 conditional use permit shall
be required to provide additiopal facilities within this area in excess of the RHNA deeds assessment,. All
facilities shall be operated in compliance with the provisions herein.
.PW
A:44!k%
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 following development and
performance standards:
1. On-site management and on-site security shall be provided during hours when the emergency
shelter is in operation.
2. Adequate external lighting shall be provided for security purposes (i.e., one foot-candle at all
doors and entryways and one-half foot-candle at walkways and parking lots). The lighting shall be
stationary, directed away from adjacent properties and public right-of-ways, and of intensity compatible
with the surrounding area.
3. The development may provide one or more of the following specific common facilities for the
exclusive use of the residents and staff:
a. Central cooking and diningroom(s).
b. Recreation room.
c. Counselingcenter.
d. Child care facilities.
e. Other support services.
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4. Parking and outdoor facilities shall be desi ng ed to provide security for residents, visitors,
employees and the surrounding area, and consistent with the requirements of Section 14.18.040 (Parking
Requirementsl.
5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less
than five feet (5') high with a solid -gated opening and that is large enough to accommodate a standard -sized
trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse
enclosure shall be accessible to refuse collection vehicles.
6. The agency or organization operating; the shelter shall comply with the following requirements:
a. Shelter shall be available to residents for no more than six months. No individual or
household may be denied emergency shelter because of an inability to pay.
b. Staff and services shall be provided to assist residents to obtain permanent shelter and
income.
c. The provider shall have a written management plan including as applicable, provisions for
staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services
provided at the facility, and for training, counseling, and treatment programs for residents.
7. No emergency shelter shall be located within three hundred feet (300') of emergency
homeless shelter site; unless permitted through review and approval of a conditional use permit where it is
determined the additional shelter location is appropriate and necessary to serve the.intended population and
would not result in an over -concentration in the community.
8. The facility shall be in, and shall maintain at all times, good standing with city and/or state
licenses, if required by these agencies for the owner(s), perator(s), and/or staff on the proposed facility.
9. The maximum number of beds or clients permitted to be served (eating, showering and
spending the niallt) nightly shall comply with the occupancy limit established by the building cods
;Additionally. the number of beds or clients permitted to be served may be further Iiinited as reauired_ bN
ondidonal use permit_
20. Amend section 14.16.130 consistent with coptcurrent 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 ptoses
er euAside and/or stairways may project ne mer -e than up to three feet (3') into any required side or rear yard
and no more 4hEm up to six feet (6') into any required front yard. - Open,
B. These exclusions to required minimum yards may be combined with a Setback Exceptionarg_ nted
pursuant to Section 14.24.020.B, provided that a minimum yard area is maintained in keeping with the
character of the residential neighborhood.
C. Retaining walls less than four feet (4') or less in height measured from the tee of the waw 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). ,
feet (4') of less in height, may be allowed within the fequifed ffent yafd, and s�x feet (6) or- less in hei
may be allowed within feqHifed side a 7 feaf .,,-.ate
D. Elevated parking decks that are proposed to provided necessary driveway access, required guest
parking, and/or access to necessary walkways serving a single-family residence on a steeply downsloping
hillside lot (i.e., twenty-five percent 25% or greater downslope from the street) may be permitted within
the required front yard setback. See 14.25 for design review requirements.
21. Amend section 14.16.132 consistent with concurrent amendments to accessory structures provisions:
14.16.132 Exclusions to maximum lot coverage.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_51
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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 parkin areas
reas
covered by solar panel installations pursuant to Section 14.16.307, play and storage structures not requiring
a building �permit that are one hundred tweM (120)square feet or less in size and eight feet (8') or less in
height, t, and structures that are located entirely below both existing and finished grade, play and storage
struetwes that are one hundfed twenty (120) square feet or- less in size.
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, retainingwalls 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 0 to four feet (4')in height, measured from exterior finished grade, may
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 four feet (4') in height shall not be permitted within required yards,
except when recommended by the design review board for development on a hillside parcel (i.e., property
that contains a slope of twenty-five percent 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 ora lattice arch, are permitted within the front or street side yard, provided that there is
no vehicular view obstruction (Le, adequate sight distance shall be provided and maintained, pursuant to the
provisions of Section 14.16.295).
Illustration 14.16.140
FE= HFJGHT
liuiiiii�iiiiuiii
2. Recreation Fences. Fences for swimming pools are subject to the requirements of the building
code. Fences for tennis courts may shall not exceed maximum height limits established for accessory
structures, and in no case shall exceed twelve feet (12').
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A_52
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3. Measurement of Height. The height of a fence, or vegetation or wall, or combined fence and
wall structure shall be measured vertically from finished ground level, as determined by the building or
planning official, to the top of the structure at anyigiven point see illustration "Maximum Allowed Fence
Height Measuremen). Structural and/or decorative elements may not exceed the maximum height limits,
except for minor decorative entryway treatments as permitted in this section. Terraced fences and/or
retaining walls shall provide a landscaped horizontal separation of at least four feet (4')otherwise thea
shall be measured based on the overall combined height as illustrated below,• unless an exception isrg anted
by the community development director under the provisions of Chapter 14.24.
Maximum Allowed Fence Height Measurement
+— Fence
Max,
Allowed
Retaining Fence
m F, ml Wall Height
I I=pIIFfG
p -
liI 111PI'll = III KCII 'TIG Il�ir
tv—Pmpertytlne
4. Exception. An exception to the residential fence and walls height standards maybe allowed,
subject to the provisions of Chapter 14.24, Exceptions: Exceptions for height should include a landscape
setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a
taller fence or wall along the streetscape. A minimum setback buffer of six inches (6") should be provided
for each one -foot (1') of increased height.
B. Sight Distance.
V111V1VJ of t./VLLVJLIIU 1J shall not VAVVV}T p+,V4h'i�I L (3') within fifteen
Fencing, vegetation and retaining walls located near a driveway or street intersection shall not conflict with
the vision trian Ig a 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 iia required for fences over six
feet (6') in height and retaining walls over four feet (4') or that support the adjacent hillside or properly
improvements, as determined by the building code..
D. Replacement of Fences and Walls. An existing, nonconforming fence or wall is subject to the
following regulations:
1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep
the fence or wall in sound condition.
2. Alterations and additions may be made to a nonconforming fence or wall, provided that such
addition or alteration is consistent with these fence and wall provisions.
3. No nonconforming fence or landscape retaining wall shall be moved or replaced a*its n
.
leeation unless it conforms to these fence and wall provisions_, except for certain residential fences as
provided below.
4. An
existing nonconforming residential fence that is located in a front vard or street side vard may be replaced
in the same location provided that:
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-53
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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 feet (6'), or three feet
(3) within the sight distance triangle of a driveway or intersection.
c. A landscape buffer shall 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.
d. All necessary permits shall be secured from the city (e.g., approval of a license agreement
or encroachment permit if fence is located within the public right-of-way); and
e. 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 bepermitted 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.
23. Amend section 14.16.220 Home Occupations to implement the California Homemade Food Act
(ABI 616), 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 ieensure
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 exce t
that a cottage food operation (as defined in the State of California, Health and SgfM Code (HSC 113758)
shall be permitted to .have no more than one full-time equivalent employee, not including members of the
household.
2013 AMENDMENTS To SAN RAFAEL MUNICIPAL CODE (PHASE II) A-54
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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 beallowed. 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.
E. Examples of Uses that Frequently Qualify as Home Occupations. The following are typical
examples of uses which often can be conducted within ,the limits of the restrictions established in this
chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited
to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a
home occupation): accountant, architect, artist, attorney-at-law, author, beautician/barber, computer repair,
consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring,
insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair, and a cottage
food operation, as defined in Section 113758 of the State of California Health and Saft 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 surroundin neighborhood that are more frequent than that
usually experienced in an average residential occupancy in the district under normal circumstances wherein
no home occupation exists. This may include but not be limited to a home occupation that would–generate
traffic associated with the business outside of normal daytime business hours or on Sundays or other
impacts not typically associated with a home occupation use such as excess vehicle parking or storage of
materials or equipment). Therefore the uses specified below, and any use determined by the community
development director to be similar in its operations or potential impacts shall not be permitted as home
occupations:
a. animal keeping for commercial purposes such as commercial pet sitting boarding or animal
training):
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A -SS
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b. auto repair, minor or major;
c. auto sales,•
d. carpentry;
e. dance instruction;
f dental ef€iees; or medical offices;
g.—painting of vehicles, trailers or boats;
h. photo -developing; or photo studios;
iprivate schools with organized classes;
j. —upholstering;
k. fortunetelling.
1 A medical marijuana dispensary, which is not permitted as a henie eeeupafie in any district
within the city of San Rafael.. -i
m. Ffirearms dealer is
Rafael.;
n. taxi service, dispatch, or vehicle tow service.
24. Add Section 14.16.225 to establish 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 Uplyoa
commercial peddler, vendor or itinerant merchant activity that is not proposing to operate from a fixed
location on a commercial site; which are not permitted.to operate on private property. See Chapter 10.48 for
the regulations applying to a commercial peddler, vendor and itinerant merchant.
B. Standards.
1. A permanent retail kiosk structure shall be subject to compliance with all site and use, parking
and design review requirements of this::Title.
2. Food and beverage kiosks dial] include a Marin County Health Department letter of approval.
3. A movable food and beverage small trailer or cart maypermitted 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 addition
of the proposed kiosk use (temporary and permanent). The use shall not impact parking demand for the
primary use(s) of the site or obstruct access to required parking spaces, or have a negative impact on site
circulation.
d. A maximum of two employees including the owner shall be permitted to operate the facility;
except that an additional employ_ emy be allowed, as needed, to provide traffic control.
e. The food and beverage equipment shall be approved by the Marin Couft 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.
2013 AMENDMENTS TO SAN RAFAEL MuNrciPAL CODE (PHASE II) A-56
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25. Add Section 1.4.16.227 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 intensity of lighting should be the minimum amount necessary to provide a sense
of security at building entrvways walkways and parking lots In general terms acceptable lighting levels
would provide one foot-candle .ground level overlap at doorways one-half foot-candle overlap at walkways
and parking lots, and fall below one foot-candle at the property line
D. Lighting shall be reviewed for compatibility with on-site and off -sight light sources This shall
include review of fi&fing intensity, overlap and type of illumination (e.g., high-pressure sodium LED
etc.). This may include a review by the city to assure that li kiting installed on private property would not
cause conflicts with public street lighting,
E. Installation of new lighting fixtures or changes in lighting intensity on mixed use and non-
residential properties shall be subject to Environmental and Design Review Permit review as required by
Chapter 14.25 (Design Review).
F. Maximum wattage of lamps shall bespecified 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 eg neral 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
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-57
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The typical vision triangle area shall be determined as follows:
Illustration 14.16.295
CURB RETURN
CURB RETURN �
T1,
VISION TRIANGLE
For locations that have obstructions due to unique site constraints or topography, aphy, the vision triangle
shall be determined by the director of public works.
28. Add Section 1416.305 to establish standards anti 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 Vstems on public and private property to minimize the potential safety and aesthetic impacts on
neighboring proppa. owners and the community.
B. Al2plicability. Standards for small wind energy systems shall apply in all residential, commercial &
office, industrial, planned development, marine, and public/quasi-public zoning districts. Small wind energy
systems shall not be permitted in the parks/open space and water zoning districts.
C. Development Standards.
1. Height. Tower height of freestanding small wind energy system shall not exceed the
maximum height limit above grade established for principal structures in the applicable zoning district,
except as may be allowed through design review and consistent with the provisions of Section 14.16.120.
The tower height shall not include the wind turbine itself. The total extended height shall include the
distance above grade to a blade tip of a wind turbine at its highest point of travel.
2. Setbacks. Small wind energy systems shall be located a minimum distance from all property
lines equal to one-half of the total extended height of the unit above grade or the roof mounting point.
Small wind energy systems may not be located in a front or side ,yard setback area.
3. Noise. Small wind energy systems shall operate within the noise limitations established in
Section 14.16.320 and Chapter 8.13 of the Municipal Code, except that these limits may be exceeded during
severe wind storms.
4. Access. If a climbing apparatus is present on the tower within twelve feet (12') ofrg 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 rg ade,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-58
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b. Installation of a locked anti -climb device on the tower,
c. Installation of a locked, protective fence at least six feet (6') in height that encloses the
tower; or
d. Other means of security deemed comparable by the building official
5. 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 energy s s
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
applicable zoning district development standards shall be permitted by right,subject to issuance of a
building permit and ministerial review for compliance with the following standards:
1. An environmental and design permit shall not be required for a solar installation proposed on a
developed property consistent with these provisions and Section 14.25.040.D.4.
2. A solar installation shall include all associated equipment such as an inverter required to
convert power from direct current "DC" to alternating current "AC" and connections made between the site
and power grid equipment. Associated equipment does not include a substation
3. The solar installation shall not be placed within any required front or exterior side yard setback
or within a required landscape area. Further, the solar installation shall not require removal of any required
landscaping improvements or native vegetation that is within a required natural state area established
pursuant to the Hillside Overlay District regulations of Chapter 14.12. Landscaping modifications may
require design review approval pursuant to Chapter 14.25.
4. Consistent with state law (Ca Civil Code Section 714.1 — Solar Rights Act amended 2004),
private covenants, conditions and restrictions (CC&R's) cannot prohibit installation of solar equipment on
buildings.
5. The city may impose reasonable restrictions that do not significantly increase cost of systems
for solar heating more than 20 percent (20%) or photo -voltaic more than $2,000, or decrease efficiency
more than 20 percent (20%2
6 The City may require that panels be designed with low -reflective 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 Vstem
The facility may not be denied solely for aesthetic reasons
7. Consistent with the provisions of state law, shade control protectionsprivate 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
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-59
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distribution to the power grid, that is proposed other than on existingbuildings uildings or paved parking lots (e.g.,
solar power plant or "energy farm", as regulated,under Ca Codes Public Utilities Code Section 2868-2869,
as it may be amended from time to time). Solar energy production facility(s) shall only be established where
"utility facilities" are listed as a conditionally permitted quasi public use in the underlying zoning district
land use table(s).
30. Amend section 14.16.320 to be consistent with concurrent amendments to the accessory structures
standards:
14.16.320 Swimming pools,- hot tubs, and other mechanical equipment.
fequifed ffent y-afd setbaek of be less than five feet ' _ 1i No swiinming p.L Id,
Iot tub air conditioning unit or mechaniCaI ey.uiuinent shall encroach into any front yard or street side yard
jetback No pump or filter installation, air conditioning unit or similar mechanical equipment, including
new but not limited to transformers for electric vehicle charging stations and wind energy systems, shall be
less than five feet (5') from any property line. If a pump or filter or any similar mechanical equipment,
including new but not limited to transformers for electric vehicle charging stations and wind energX
s sy tems, is located within fifteen feet (15') of any bedroom window on an adjacent lot, a three (3) sided
solid enclosure with baffles to screen the equipment from the bedroom, or equally effective measure(s),.
shall be provided to reduce noise impact. Sound attenuation shall be provided around mechanical
equipment to ensure thatmy mechanical noise that is perceptible at the prope , line (andeg nay
measured in direct line of sight of the equipment) is attenuated to the maximum extent practicable and that
daytime/nighttime thresholds established under SRMC Table 8.13-1 for the applicable zoning district are
not exceeded. `
31. Amend section 14.16.360 to update wireless. facilities regulations in an effort to streamline review
consistent with provisions of the amended federal Telecommunications Act of 1996 & Section 6409(a)
of the Middle Class Tax Relief and Job Creation Act of 2012, and the Federal Communications
Commission Notice of proposed Rulemaking, 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 5 years:
14.16.360 Wireless communication facilities.
A. Purpose. This section establishes standards to regulate the design and placement -of towers,
antennas, and other wireless communication transmission and/or reception facilities (hereinafter called
wireless communication facilities) on public and private property to minimize the potential safety and
aesthetic impacts on neighboring property owners and the community, and to comply with applicable state
and federal laws, including the Federal Telecommunications Act of 1996. To fulfill this purpose, this
section is intended to:
1. Establish review and approval requirements, application submittal requirements, and
development standards to regulate the design and placement of wireless communication facilities so as to
preserve the visual character of the city and to ensure public health and safety, consistent with federal law
and Federal Communications Commissions (FCC) regulations.
2. Acknowledge the community benefit associated with the provision of wireless communication
services within the city.
3. Encourage the joint use of new and existing ground mounted facility monopole/tower sites as a
primary option rather than construction of additional single -use towers.
4. Allow the community development director, or delegated staff, to make certain determinations
under the provisions of this section.
B. Permits Zoning Review Required.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-60
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1.. Ministerial Review. A staff level ministerial review shall be required and obtained from the
community development director, and no discretionary use permit or environmental design review planning
permits shall be required for the following types of wireless communications facilities to assure
compliance with the requirements of subsections G H I J K L and M of this section:
a. Co -located facilities on an existing approved monopole or tower structure (i.e., round
mounted facility) that utilizes or improves stealth design characteristics of the facility, and/or does not
substantially increase the visible height or overall dimensions of the structure and/or ground lease area The
alteration or addition shall not significantly change the appearance of the existing facility or its stealth
design features, or increase visual height overall dimensions or ground lease area by more than ten percent
(10%).
b. Building -mounted facilities including modification to existing permitted facilities that are
architecturally compatible with and entirely integrated into the existing building facade (i.e., stealth design)
In general, to be deemed architecturally compatible and entirely integrated with the building facade the
modification shall utilize or improve existingroof-top screening solutions shall not increase the building
height and shall be flush with and designed to blend into the existing building walls or facades
c. Ministerial review shall not apply to modifications of monopoles or towers new building
additions extensions projections etc made to existing facilities which the community development
director determines would increase the visual impacts of the facility. This shall include extensions to height
of a facility that exceeds the height limits of the base zoning district In such instances an environmental
and design review permit shall be required for the stealth design modifications pursuant to the provisions of
Chapter 14.25.
2. Discretionary Review. A zoning administrator level use permit and an environmental and
design review permit shall be required for the following 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 ekisting perinitted height overall dimension lease areal' and
b. Any facility which in conj►mction with existing facilities in the area exceeds the Federal_
Communications Commission (FCC) standards for public exposure for radio frequency radiation (UR
emissions.
Miner- addifiens er- fnedifiea4ieas to existing permitted f6eilifies tha4 will net signifleantly aff-eet radie
c. The community development director may determine that minor modifications to an
existing facility shall be subject to an administrative level design review. In general to be deemed a minor
modification, the alteration or addition shall not significantly change the appearance of the existingf_ acility
or its stealth design or increase visual height overall dimensions or ground lease area by more than ten
percent (10%l.
d. The community development director may elevate the project for review and action by the
planning commission or refer a project to the design review board for its recommendation as
determined necessary to assure that appropriate stealth designs are being proposed to the maximum
extent practicable, that the facility location is suitable that development appropriately responds to its
setting, and that the requirements of this section are substantially addressed
C. Appeals. All discretionary decisions of the community development director, zoning administrator
or the planning commission may be appealed in accordance with the provisions of Chapter 14 28 Appeals
CID. Application Requirements. Applications for a use permit and/or an environmental and design
review permit shall be initiated by submitting all of the following information and any revised application
materials in the manner prescribed:
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1. A completed application form, signed by the property owner or
accompanied by a letter of authorization that states the property owner has read and agrees to the filing of
the application as well as the specific Conditions of Application cited on the application form, and
accompanied by the required fee. Application procedures and processing timeframes shall be in accordance
with state law requirements and the procedural guidelines established by the community development
director..
2. Peer Review. Prior to accepting an application as complete, the city may require at its sole
discretion that a peer review of the project be conducted by a qualified RF engineering consultant, as
deemed necessary to confirm the adequacy of the RFR study and/or the technical design requirements of the
facility. The consultant shall be selected by the city and paid for by the project applicant. Peer review is
typically required for new ground -mounted monopole or tower facilities, building mounted facilities
lacking stealth design facilities proposed within the less -preferred residential and open space areas, or RFR
studies that are deemed to warrant further review.
3. Submittal/Re-submittal Meeting Required. Applications for a wireless antenna facility must be
made in person during the community development department planning division public counter hours A
pre -submittal meeting is encouraged and a re -submittal meeting shall be required. Applications and any
subsequent resubmittals that are not made in person and during scheduled times shall not be deemed
accepted for filing and will be returned.
4. Pre -application or Conceptual Review. A pre -application and/or conceptual review are strongly
recommended prior to submitting formal applications for new ground -mounted monopoles or towers, new
building mounted facilities or projects in less -preferred residential and open space areas.
round of completeness review is warranted shall be required to be withdrawn and a new application shall
be filed for the substantially revised project.
6. Extensions of time. Applications deemed incomplete must be resubmitted within 30 days or
they shall be deemed automatically withdrawn, unless the applicant has requested a one-time extension in
processing time to resubmit not to exceed 90 days If the application is deemed automatically withdrawn a
new application shall be :required in order to proceed with the project.
27. Six (6) initial sets of materials and plans showing the following information:
a. Project Description. A complete project description, including the following information on
the proposed wireless communication facility:
i. Number and sizes of antennas and approximate orientation,
ii. Other technical information regarding transmission equipment such asmaximum
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 Plano. A site plan showing the overall property on which the facility will be placed,
and a detail site plan for the project area, as needed for large sites, provided on a twenty -four -inch -by -
thirty -six-inch (24" x 36") sheet of paper and an eleven -inch -by -seventeen -inch (11" x 17") reduction, and
including the following information:
i. Vicinity map,
ii. Parcel lines of the subject parcel,
iii. Contextual map showing structures on adjacent properties,
iv. Location and names of adjacent streets and drives proposed to serve as access to the
facility,
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-62
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v. Topography of the subject parcel and location of any drainages within or adjacent to
the site,
vi. Location of all existing buildings, structures, utilities, parking areas, significant trees
and other natural forms, or other features which might affect the proposed use of the property,
vii. Setbacks of proposed structures and improvements from the property lines,
viii.Location and height of required cuts and fills for the grading of land and any retaining
walls proposed,
ix. Location of proposed development including all towers, structures, buildings, utility
line extensions, driveways or roads, and parking areas,
x. Schematic drainage and grading plan, and
xi. North arrow, graphic scale, the applicant's name, assessor's parcel number and date
prepared.
c. Elevations. Elevations showing; all sides of the proposed facility set forth on a twenty -four -
inch -by -thirty -six-inch (24" x 36") sheet of paper, and an eleven -inch -by -seventeen -inch (11" x 17")
reduction, including the following.information:
i. Elevations and sections of the site displaying site topography, proposed facilities
including towers, equipment shelter and existing buildings,
ii. Wall, roof, tower and antenna materials,
iii. Fencing, air conditioning units and outdoor lighting, if any,
iv. Rooftop or building features such as vents, chimneys and antennas, and
v. Building or tower height as measured from .natural grade.
d. Photo -Simulations. Photo -simulations of the proposed facility from key public viewpoints
based upon consultation with city staff. Photo -simulations shall d isplay 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.
38. Alternative Site Analysis. An alternative site analysis is required if the proposed facility is:
a. Located within any district other than a commercial or industrial district;
b. Located within fifty feet (50') of a "Less Preferred Location," as defined in subsection
(G)(2) of this section (i.e., parks, open space or residential zoning district ;
c. Lacking stealth design; or
d. Not co -located with an existing approved facility.
The alternative site analysis shall be presented in a narrative form with supporting maps and other
graphics that identify the other site locations considered and rejected in favor of the proposed site. The
applicant shall provide supporting reasons why the alternate sites were infeasible and rejected, why co -
location or building -mounted location has not been pursued (if applicable), and why the proposed site is
superior from a technical or other standpoint to the others considered.
4-9. Future Co -Location. For new ground -mounted towers or monopoles, a signed statement
that the applieantcarrier, 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.
610. Story Poles. Story poles or mock-ups may be required if deemed necessary by the
community development director.
611. Radio Frequency Radiation (RFR) Study and FCC Compliance Details. For the sole
purpose of verifying compliance with the FCC radio frequency emission standards, an emissions report
which measures the predicted and actual, if available, 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
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-63
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power densities and frequencies. The study shall identify the existing and predicted electromagnetic field
radiation in table form, identify any measures required to comply with the FCC standards for predicted
exposure levels, provide a summary of the conclusions of the report and provide details for any si ng_age
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
facili . It is the responsibility of the applicant to determine the location and power of existing facilities.
-712. Noise Analysis. A noise analysis for emergency generators or other noise -producing
facilities.
Applications accepted as complete Once an application has been accepted as complete it shall be
promptly scheduled for hearings and a decision shall be made based upon the quality of the information
presented by the applicant.
1 -.1017- -1, ef the pfavisians and r-equifements of this seetien shall lie with the
following offleial bbd; or-ffi 1
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has -the
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and design review peffnit applieatiefis with the exeeptien of appliea4ions fef Iflifief additions of
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planning ee i i be appealed in aeeefdanee with the previsions of Chaptef 14.28,
E. Exemptions. The following types of facilities are exempt from the provisions of this section:
1. Facilities for which zoning permit applications were approved by the city and/or building
permits were issued on or prior to the effective date of this section and which remain valid (i.e., not expired)
shall be exempt from the review and approval requirements of this section, except for the requirements for
validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed
modifications to existing facilities which shall remain applicable;
2. Facilities owned and operated by public agencies; and
3. Proposed facilities that would be located entirely within a building and only serve that building.
F. Public Notice. Notice of a public meeting or hearing for a wireless communication facility subject
to a use permit and/or environmental and design review permit shall be given in accordance with Chapter
14.29, Public Notice, except that a public notice shall be mailed to all property owners within one thousand
feet (1,000') of any proposedfacility 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
2013 AmENDMEENTS To SAN RAFAEL MUNICIPAL Cons (PHASE II) A-64
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determines, pursuant to the provisions of Section 14.16.360 B 3 would require only an administrative level
environmental and design review permit.
G. General Location Standards. The most desirable location for new wireless communication facilities
is co -location on existing facilities or buildings. All wireless communication_ facilities shall be sited to avoid
or minimize land use conflicts in compliance with the following standards:
1. Preferred Locations. The following list of preferred locations for wireless communication
facilities is in order of preference from most to least preferred: Industrial, public or quasi -public,
commercial and office zoning districts are the preferred locations.
2. Less Preferred Locations. The following less preferred locations are listed in order of
preference from most to least preferred: Parks or open space and residential zoning districts.
3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within
residential, designated open space or conservation areas unless sufficient technical and other information is
provided to demonstrate to the satisfaction of the planning commission or zoning administrator that location
in such areas is appropriate, subject to the following findings:
a. The location of the proposed facility site is essential to meet the service demands of the
carrier and no other alternative co -location, existing development or utility facility site, or type of antenna
support structure is feasible. This shall be documented by the applicant providing a list of the locations of
preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure
these preferred sites, and the specific reasons why these efforts and measures were unsuccessful.
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,eisting facilitiessuch 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 designthatmimics architectural features so they appear to be architecturally integrated as a part of
the building design, or facilities with colors and materials to minimize visibility such as a non -reflective
finish in a color compatible with the surrounding area. Stealth tower, monopole or building design should
seamlessly integrate with its setting and/or building fagade. A seamless integration would include facade
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.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-65
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b. Sited to be screened by existing development, topography or vegetation to the extent
consistent with proper operation of the wireless communication facility. Additional new, irrigated
vegetation, or other screening, may be required as a condition of approval.
c. Designed using high-quality techniques to minimum surrounding vegetation or features in
order to blend into the site to the maximum extent practicable.
4. Roof and Building -Mounted Facilities. Roof and building -mounted antennas and equipment
shall be:
a. Sited and designed to appear as an integral part of the structure or otherwise minimize their
appearance. Placing roof -mounted antennas in direct line with significant view corridors shall be avoided.
Where appropriate, construction of a rooftop parapet wall to hide the facility may be required.
b. Integrated architecturally with the st34e-design, color, materials and -character of the
structure or otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within
an existing or newly -created architectural feature (e.g., cupolas, dormers, chimneys or steeples) so as to be
completely screened from view. To the extent feasible, building -mounted antennas shall not be located on
the front, or most prominent facade of a structure, and shall be located above the pedestrian line -of -sight.
c. Whenever possible, base stations, equipment cabinets, back-up generators, and other
equipment associated with building -mounted antennas shall be installed within the existing building or
underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or
otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend
with the surrounding natural and built environment.
5. Signage. No advertising signage or identifying logos shall be displayed on any wireless
communication facility except for small identification plates used for emergency notification and legally
required hazard warnings.
6. Waiver Request. A waiver from these requirements may be requested if the applicant can show,
by substantial evidence, that compliance with a particular requirement is technologically infeasible or
would result in an unreasonable interference with signal quality. The applicant will be required to prove that
there are no feasible alternatives to the waiver request, A waiver request may be subject to Peer review
conducted by a qualified RF engineering consultant selected by the city and paid for by the project
applicant.
1. Development Standards.
1. Height. The maximum height of building -mounted antennas shall be in compliance with the
height limitations for the zoning district in which they are located. An exception to antenna height may be
.granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of
the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and
mechanical screening features related to wireless communication facilities, shall be regulated subject to
Section 14.16.120 of this chapter.
2. Setbacks.
a. Towers, guy wires, and accessory structures, including equipment cabinets, shall comply
with the setback requirements of the applicable zoning district. Towers and support structures shall be
located a minimum of two hundred feet (200') or at least three (3) times the height of the tower, whichever
is greater, from existing residential units or vacant residentially zoned property.
b. Building -mounted facilities may be permitted to extend up to two feet (2') horizontally
beyond the edge of the structure regardless of setback requirements through the application review process,
provided that the antenna does not encroach over an adjoining parcel or public right-of-way or otherwise
create a safety hazard.
J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night
maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting
shall be constructed or located so that only the intended area is illuminated and off-site glare is fully
controlled.
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K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and
enhances existing vegetation and provides new landscape material to screen proposed facilities through the
following measures:
1. The emphasis of the landscape design shall be to visually screen the proposed facility and
stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible
with the predominant natural setting of the adjacent area.
2. Existing trees and other screening vegetation in the vicinity of the proposed facility shall be
protected from damage both during and after construction. Submission of a tree protection plan prepared by
a certified arborist may be required.
3. All vegetation disturbed during project construction shall be replanted with compatible
vegetation and soils disturbed by development shall be reseeded to control erosion.
4. Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan.
The city may impose a requirement for a landscape maintenance agreement as a condition of approval.
L. Noise. Wireless communication facilities shall be constructed and operated in a manner that
minimizes noise. Noise reduction shall be accomplished through the following measures:
1. Wireless communication facilities shall operate in compliance with the noise exposure
standards in San Rafael Municipal Code Chapter 8.13, Noise.
2. Normal testing and maintenance activities shall occur between eight a.m. (8:00 a.m.) and six
p.m. (6:00 p.m.), Monday through Friday, excluding emergency repairs.
3. Backup generators shall comply with'the same noise standards referenced in subsection (L)(1)
of this section and shall only be operated during power outages, .emergency occurrences, or for testing and
maintenance.
M. Radio Frequency Radiation (RFR).
1. RFR Standards. Wireless communication facilities operating alone and in conjunction with
other telecommunication facilities shall not produce. RFR in excess of the standards for permissible human
exposure as adopted by the FCC.
2. RFR Report. Applications for wireless communication facilities shall include a RFR report,
prepared by a qualified expert, which identifies the predicted and actual (if available) levels of RFR emitted
by the proposed facility operating by itself and in combination with other existing or approved facilities
which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed,
approved, and existing facilities operating at maximum power densities and frequencies.
N. Post -Approval Requirements.
1. Validation .of Proper Operation. Within forty-five (45) days of commencement of operations,
the applicant for the wireless .communication facility shall provide the community development department
with a report, prepared by a qualified expert, indicating that the actual RFR levels of the operating facility,
measured at the property line or nearest point of public access and in the direction of maximum radiation
from each antenna, is in compliance with the standards established by the FCC for RFR.
2. T4weeFive-Year Review. The owner or operator of a wireless communications facilb shall
participate in the measurement by the city of the RFR of the facility, which shall be conducted on a five (5)
year
that the shall ..a fti p to in the meastirement by the eity f the RFR f the r •1' ; . The requirement for a
9weefive-year review shall be made a condition of approval for all wireless communication facilities. The
city will contract to perform the testing with a qualified expert and the owners or operators shall bear the
proportionate cost of testing for its facility. The city will establish procedures for:
a. Scheduling the tkreefive-year review period;
b. Hiring an expert to perform RFR testing;
c. Collecting reasonable fees; and
d. Enforcement actions for nonpayment of fees.
3. Notification of Abandonment of Use. The owner or operator of an approved wireless
communication facility shall remove any abandoned facilities or restore the existing approved use of a
facility within ninety (90) days of termination of use.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE (PHASE II) A-67
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4. Changes Affecting RFR. Any operational or technological changes to an approved wireless
communication facility affecting RFR exposures shall be reported promptly to the city, including any
change of ownership. The city may require new RFR testing within forty-five (45) days of notification.
5. Changes to FCC Standards. Owner or operators of all approved wireless communication
facilities shall make necessary changes or upgrades to their facilities in order to comply with any newly.
adopted FCC standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after
notification of the changed FCC standards and the owner or operator shall notify the city in writing that the
upgrades have been completed.
6 Co -Location and Facility Upgrade Agreement. Owners or operators of all approved wireless
communications facilities shall agree to make their facility available for co -location with other carriers.
Modifications to the facility design shall be allowed to accommodate additional carriers on a site, as well as
to restore replace or upgrade any screening that is deemed obsolete and removed as a result of
modifications made to the primary site structure or concurrent with any upgrades proposed to the subject
facili1y.
7 Owners or operators of all approved wireless communications facilities shall be responsible for
maintaining the effectiveness of screening of its facilities, in compliance with project approvals. This shall
include pursuing modifications of existing approvals as necessary, should changes be made to the site or
primary structure that would reduce the effectiveness of screening provided for the facility.
N. Definitions.
1 "Ground Mounted Facility" means a monopole, tower or any structure built for the sole or
primarypurpose of supporting FCC -licensed wireless communications facility antenna and their associated
facilities Wireless antenna facilities and equipment that are'mounted onto an existing structure, including
existing utility poles shall be considered building mounted co -located on an existing structure.
2 "Base station" consists of "radio transceiver's antennas coaxial cable, a regular and backup
.power supply, and other associated electronics.
3 "Lease area" means the defined area on the ground or on a building in which wireless facility
equipment is placed and/or enclosed.
32. Amend section 1-416.370 to incorporate all existing and future updates to the Marin Municipal
Water District water -efficient landscape ordinance:
14.16.370 Water -efficient landscape.
A. Purpose and Authority. Effective January 1, 2011, certain new construction and rehabilitation
projects that include landscape and irrigation improvements are required to comply with water -efficient
landscape requirements and to monitor water usage for irrigation, as mandated under California
Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San
Rafael hereby adopts by reference, the Marin Municipal Water District (MMWD) Ordinance Ne. 414
(Water Conservation), as adopted and periodically amended, and designates MMWD, the local water
provider, to implement, enforce, and monitor the requirements of this ordinance. For projects that are
subject to the water -efficient landscape requirements, the city defers to MMWD to administer the
provisions of this chapter, which include:
1. The application and monitoring of a "maximum applied water allowance," that is established for
applicable projects.
2. The review of required landscape and irrigation plans, specifications and supportive documents
prepared for applicable projects for compliance with water -efficient landscape restrictions, including
limitations on the type and amount of landscape materials and plant species.
3. The review, inspection and approval of landscape and irrigation that is installed for applicable
projects to ensure compliance with the approved landscape and irrigation plans and specifications.
4. The post -installation monitoring of water usage for irrigation by applicable projects.
B. Applicability. The provisions of this section and the MMWD Ordinance N&444 --as adopted and
periodically amended are applicable to the following projects:
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1. Any project that proposes new or rehabilitated landscapes which are developer -installed in single-
family residential and all other residential developments, regardless of size, where the proposed landscape
area is equal to or greater than two thousand five hundred (2,500) square feet;
2. Any project that proposes new or rehabilitated landscapes which are homeowner provided and/or
homeowner -hired in single-family residential, two-family residential and multiple -family residential
developments, where the proposed landscape area is equal to or greater than five thousand (5,000) square
feet,
3. Any new nonresidential construction projects exceeding one thousand (1,000) square feet of
landscaped area;
4. Any project that proposes new or rehabilitated landscapes which are developer -installed in
nonresidential developments where the proposed landscape area is equal to or greater than two thousand
five hundred (2,500) square feet.
C. City Review of Applicable Projects. City review of applicable projects shall be processed as
follows:
1. Projects Requiring Approval of an Environmental and Design Review Permit.. When an applicable
project is subject toan environmental and design review permit pursuant to chapter 14.25 of this title, the
landscape and irrigation plans required by and submitted with this permit application shall be designed and
prepared to comply with the provisions and requirements of MMWD Ordinance as adopted and periodicallX
amendedNe-444. The approval of an environmental and design review permit shall be conditioned to
require the applicant to provide written verification of plan approval from MMWD prior to the issuance of a
building permit and/or grading permit.
2. Projects Requiring a Building Permit and/or Grading Permit only. When an applicable project is not
subject to an environmental and design review permit but is required to secure a building permit and/or
grading permit, such permits shall not be issued until the applicant has secured, in writing, MMWD
approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance as adopted
and periodically am mdedNe-. 414.
D. Inspections and Post -Installation Mgllitoring and Enforcement. MMWD shall be responsible for:
1. Inspecting and approving all landscape and irrigation installed for applicable projects prior to
project completion and/or occupancy; and
2. Monitoring water usage for installed landscapes to ensure compliance with MMWD Ordinance as
adopted with amendmentsNe. 41.4. All enforcement actions for ordinance noncompliance or violations shall
be administered by MMWD.
2013 AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE PHASE II) A-69
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CHAPTER 14.17 — PERFORMANCE STANDARDS
33. Amend Section 14.17.010 specific purposes to clarify that the intent of this Chapter is to impose
performance standards on uses subject to minor discretionary review:
14.17.010 Specific purposes.
Performance standards provide criteria for issuing administrative use permits and certain other use
permits that require minimal discretion and review. (See Chapter 14.21 for additional information on the
administrative use permit process.) The performance standards listed in this section are intended to
explicitly describe the required location, configuration, design, amenities and operation of specified uses.
The performance standards also mitigate potential adverse impacts on the neighborhood and maintain
harmonious uses in the area. The performance standards are consistent with the goals and policies of the
general plan.
34. Amend Section 14.17.020 regarding non-commercial animal keeping in residential districts:
14.17.020 Animal keeping.
A. Purposes. Performance standards related to noncommercial animal keeping protect the public
health, safety and general welfare by limiting numbers of animals which may be kept, maintaining sanitary
and humane conditions for animals, and limiting potential nuisance factors which may result from the
keeping of animals.
B. Applicability. Performance standards for the noncommercial keeping of animals as an ancillary
activity associated with a residential land use of property+, including mammals, birds, reptiles and bees
unless specifically exempted by this subsection, shall apply throughout the city of San Rafael. (See list of
exemptions below.) An administrative use permit shall be required for the keeping of animals within the
city of San Rafael. The following animals are exempt from these regulations, and therefore are considered
to be permitted by right as an ancillary activity associated with a residential land use of properly:
1. Fish;
2. Three (3) or fewer domestic dogs, not including wolf -hybrids, over the age of four (4) months
per dwelling unit;
3. Ten (10) or fewer domestic cats over the age of four (4) months per dwelling unit;
4. Any number of domestic dogs, cats or potbellied pigs under the age of four (4) months;
5. Three (3) or fewer potbellied pigs (not including hybrids over seventy (70) pounds);
6. Four (4) or fewer hens (i.e., female domesticated chicken);
7. Ten (10) or fewer of the following:
a. Soft -billed birds (myna, toucan, toucanettes, not including ducks or geese), birds of the
Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries,
b. Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and
c. Nonnative, nonpoisonous snakes, chameleons and iguanas.
C. Bees. Keeping of bees on residential property shall be subject to review and compliance with the
following standards:
1. The bee -keeping use shall be limited to Apis mellifera (European/western common hone)
and must be an accessory use to a single-family dwelling; ,
2. The property owner must sign the application consenting to the bee -keeping use on the
prope
3. The applicant shall notify all adjacent owners and occupants of contiguous developed property
of the intent to keep honeybees at the subject property, and shall provide proof of notification to the
communi , development department, planning division.
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4. The maximum number of bee colonies (hives) that may be kept per single -family dwelling shall
be limited to two (2) colonies on lots that are ten thousand (10,000) square feet and less in area, and four (4)
colonies on lots greater than 10,000 square feet in area.
5. Permit holders shall operate and maintain the bee-keeping use in accordance with recognized
best management practices that provide safe and healhlig conditions for the bees while:actively
conducting inspections of colony(s) and avoiding nuisance impacts on surrounding properties and persons
(i.e., managing and controlling colonies to reduce occurrence of swarms) and protecting the public health,
safety and welfare.
6. The applicant(s) shall submit written evidence that they have obtained bee-keepingtraining,
which shall be subject to the satisfaction of the community development director.
7. A convenient and adequate source of water shall be available to bee colonies on the property at
all times.
8. Bee colonies shall be maintained in hives capable of inspection to determine compliance with
these standards, and shall consist of moveable frames and combs. Hives must be maintained in a sound and
usable condition at all times.
9. A bee hive box (colony)shall only be located within a fenced, private residential yard area
generally located behind the residential dwelling unit. In no event shall a bee hive box be located less than
ten feet (10') from any residential property line and less than twenty-five feet (25') from any dwelling unit
on an adjacent property.
10. A barrier of at least six feet (6')in height consisting of a solid fence, wall and/or dense
vegetation shall be installed and maintained between the bee hive colony(s) and all abutting properties.
Fencing, walls and vegetation shall comply with the Fences. and Walls regulations of Section 14.16.140.
11. Hive entrances shall face away from the nearest residential prope , line(s).
12. Bee colony(s) shall be promptly and properly..removed if the permit holder discontinues the bee
keeping use on the property.
13. Bee keeping permits are issued to the permit holder at the specific location identified on the
permit, and shall not run with the land. A new bee keeping permit shall be required for a new bee keeping
use to be operated by an existing permit holder at a different location, or for a new permit holder to keep
bees on a site that has been previously used forbee keeping.
Dand-eOther nonexempt animals are subject to individual case review, and maybe subject to the
following types of -standards:
1. Requirements for identification of animal guardianship, such as tagging .or microchipping;
2. Requirements for spaying or neutering of animals;
3. Requirements for fences or fenced stockade areas;
4. Requirements regarding provision of food and water supply, such as supply locations,
requirement for closed, rodent-proof containers, etc.;
5. Requirements to secure or sequester animals in shelters during specified hours of the day or
night to minimize possible noise impacts;
6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces
and urine;
7. Requirement that all places and premises where the animal is to be kept shall be open at all
reasonable times and places to the inspection of the code enforcement manager or code enforcement officer,
or other code enforcement officials, and the county health officer;
8. Verification of receipt of appropriate California Department of Fish and Game permits;
9. Verification of required vaccinations.
In approving the application for an administrative use permit for the keeping of animals, the community
development director may impose additional conditions that are deemed necessary to ensure the permit will
be in accordance with the findings required by Section 14.21.080.
DE.Findings. In order to grant an administrative permit for the keeping of animals the following
findings shall be made:
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1. Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision
of the San Rafael Municipal Code or any other applicable provision of law.
2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an
animal receiving inhumane treatment.
3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties
adversely affecting the enjoyment of such property.
4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely
affecting the enjoyment of nearby property.
5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the
enjoyment of nearby property.
6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances.
7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an
adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby
residents.
8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects
nearby properties or the natural habitat.
BF. Ameffizatien ef Nonconforming Animal Keeping.
Or-;, Ne. 1740, the er-dinanee di f d in this seetien, shall be stibjeet to an ame.. iz t:en pe f
,
any sueh pr-epefty er- dwelling unit shall beeeme illegal, tinless4he ewner- has "plied fef and obtained an�
fequir-ed land use permit in with this title, ef I* applied faf —an ex-tensin-fl. of the amortization
period as pfevided hefeaftef-.
2 The vvi•t. el ent de .V e"t,it shfiI1 .,,,b,1;�4, eH� st . .":tte et:, at least nty
i aauiruiria�dv"u
(90) days pfief to the expiration of-the ameftiza4ion:Ver-ied, advising that afly ownefs of stleh
noneenfeffning pfopeffies of dwelling units shall beeeme illegal a4 the end of stieh afneftization pefied
unless the evffiefs have applied fef and net
R
.
f'
pefiedtinless the eemmunity deveiepment direetef detefmines that geed ea-use exists fef the late filing e
1
the applieafien-.
4. Within" five (45) days fellewing r-eeeipt efa eempleted appliefftien for- an ex4ensien ef
ametlizatien 1appheation,
after giving netiee to a4l property ewner-s within three hundr-ed (3 00) feet of the pfopefty. The eennnuflity
development dir-eetor- shall eansidef the elvidenee and testimony preseffted at the publie hearing, A. dd'-Qlh.-A�11
thefeaftef grant of deny an ex4ension. in fender-ing its 1
the eemmunity development dir-eetef shalldetefmine w-hethef the noneenfefming prepefty or- dwelling unit has been provided with a reasonable
anieftization pefied eemmenswate with the investment involved. if the eemmunity, development difeete
deteffnines that the afneftization pefied is not
1
fate with the investment itivelved. The bufden shall be en the applieant fef the ex4ension to
establish that the extension shottid be granted. No ffiefe than a single &Etensien may be gfanted.
a) The vuaar-'s investment in any dwelling nit a prepefty ; „ts made to
keeping;
b) The present eetual and ,lepr-ee:. ted r...l.,e e f the dwelling unit pr-epefty i t
� Y uwu vuauv yr aaa
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stiffeunding pfepeAies if the amei4izafiea period is i
6. A eepy of the eommunity development i
s deeision shall be sent by fegulaf mail to the
at.
eetineil, within five (5) working days aftef the eommunib, developffient difeetef!s deeision, in eeafefmanee
with the pfavisieft of-C-haptef 14.28 of the Munieipal Cede.
Declaration of Public Nuisance. The city council declares to be a public nuisance any lot where the
nenFarefming animal keeping is operating in a manner that is not in conformance with this section and
where the affieAizatien period as a neneenfi3ftniiig use has eiEpifed, and (a) no pefmit fequifed by this title
has been obtained or- (b) no pfietapplieation fef an ex4ensien ef the afffiffizfftiffl per-i6d is OR file ef has
been gfa. ted
35. Add Section 14.1 7.120 to establish regulations fbr outdoor storage:
14.17.120 Outdoor storage.
Outdoor storage may be permitted where the incidental storage of equipment and materials would be
appropriate and related to a primary use or ongoing businesg operation. Such activities would typically be
associated with industrial and light industrial storagea� rds or utility yard uses, and commercial contractor
or commercial building supply uses.
A. The following standards shall apply to the establishment of outdoor storage uses on non-residential
properties, where such activities are listed as a conditionally permitted use in the land use tables of the
underlying district.
1. Outdoor storage uses shall be screened from public view with fencing, enclosure, structure and/or
landscaping as appropriate and necessary for the underlyingzning district, to provide a buffer between
adjacent uses, and to screen the use from public view.
2. Outdoor storage shall not be placed within required yard setbacks, landscape or parking areas
required for the use or site.
3. Outdoor storage may also be subject to design review, as required by Chapter 14.25...
B. An "outdoor storage" land use is not permitted within a residential district. Temporary placement of
moving or storage containers or debris boxes on a residential property, within a driveway o�quired yard
area, may be allowed for a limited duration, generally not to exceed 90 days, or as otherwise provided under
the terms of a building permit issued for the site.
36. Add Section 14.17.130.0.3 to "Temporary Uses"provisions in order to allow recycling or a -waste
collection events to occur with requiring a temporary use permit:
14.17.130 - Temporary uses.
A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or
less) of activities on privately or publicly owned property with appropriate regulations so that such
activities will be compatible with surrounding areas.
B. Applicability. Performance standards for specified temporary uses shall apply in any district where
a temporary use is a conditional use. Performance standards for temporary uses shall be administered
through an administrative use permit in all commercial, office and industrial zoning districts, or a use
permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an
approved or valid development plan). The following temporary uses are subject to performance standards:
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1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for
periods not exceeding thirty (30) consecutive calendar days;
2. Trailers/mobilehomes that provide residences for security personnel associated with any
construction site;
3. Trailers/mobilehomes that provide offices for the following temporary uses:
a. Temporary or seasonal businesses such as carnivals or Christmas tree sales,
b. Business offices or sales facilities where construction of a permanent facility is being
diligently completed,
c. Construction offices where construction is being diligently completed,
d. Real estate offices on-site of a proposed subdivision until such time as the notice of
completion is filed with the building inspection division,
e. Financial or public utilities that are required to maintain a place of business at a location at
which no permanent structure suitable for the purpose is available;
4. Fairs, festivals, concerts, farmer's markets, swap meets or other special events when not held
within premises designed to accommodate such events, such as auditoriums, stadiums or other public
assembly facilities;
5. Similar temporary uses which, in the opinion of the plate -community development director,
are compatible with the district and surrounding land uses.
Temporary uses may be subject to additional permits, other city department approvals, licenses and
inspections as required by applicable laws or regulations. Temporary uses which may have specific
regulations specified in the municipal code include such uses as:, Meetings, Assemblies and Parades in
Public Places (Chapter 5.70) and Carnivals, Circuses (Chapter 10.44).
C. Exemptions.
1. Events which occur in theaters, meeting halls or other permanent public assembly facilities;
2. Carnivals, fairs, bazaars or special events held on school premises or at religious institutions;
3. Special events less than seventy-two (72) hours and sponsored by the San Rafael business
improvement district;
4. Events which receive street closure approval from the city council.
5. Recycling or "e -waste collection events conducted or sponsored by a public agency for the
purpose of collecting non -recyclable items such as electronics, paint or other materials and preclude deposit of
such items into the sanitary landfill when located on a developed non-residential property for a maximum.
duration of three (3) consecutive days and no more than (2) times annually (calendar year
D. Findings.
1. The operation of the requested use at the location proposed and within the time period specified
will not jeopardize; endanger or otherwise constitute a menace to the public health, safety or general
welfare.
2. The proposed site is adequate in size and shape to accommodate the temporary use without
material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the
site.
3. The proposed site is adequately served by streets having sufficient width and improvements to
accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.
4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will
be available either on-site or at alternate locations acceptable to the pl-anng community development
director.
In approving the application for an administrative permit for a temporary use, the plaf&iag community
development director may impose conditions that are deemed necessary to ensure the permit will be in
accordance with the required findings and standards.
E. Standards. The applicant shall provide information to show that the following standards have been
satisfactorily addressed:
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1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary
parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city
tfaffie engineer- public works department and the police department.
2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or
direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat shall be
provided to the satisfaction of the plannies community development department planning division.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment
shall be reviewed by the community development department, planning division for consistency
with base district regulations and other zoning ordinance requirements.
4. Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction
of the county health department.
5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal
of garbage, litter or debris from the site to the satisfaction of the pcommuni development
department planning division.
6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to
the satisfaction .of the plannigcommunity development department planning division.
7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure
compatibility with surrounding uses and neighborhood to the satisfaction of the planning-community
development department, planning division.
8. Performance Bonds. A performance bond or other security deposit shall be submitted to the city
finance department to assure that any temporary facilities are removed from the site within a reasonable
timeframe following the event and that the property is cleaned up and restored to its former condition.
9. Public Safety. Security and public safety measures shall be provided, including traffic control
measures if needed, to the satisfaction of the police department.
10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon
compliance with applicable provisions of other laws. Any event which includes the preparation, sale or
serving of food shall comply with Marin County health department standards and permit requirements.
11. Other. Other conditions may be required as needed to ensure the proposed temporary use is
managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of
this section.
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