San Rafael City Council
June 21, 2024

building. Ground floor non-marine
office use is not allowed.

Public and Quasi-Public Uses
Public utility facilities C
Residential and Visitor Accommodation Uses Allowed on the second floor or above in a mixed-use project.

Multifamily residential A
Emergency shelters for the homeless
Permanent C See Section 14.16.115 standards.

Temporary C
Home occupations P See Section 14.16.220 (Home
Occupations).

Live/work quarters A See Section 14.17.100(C)(9) (Live/Work Quarters regulations).

Residential care facilities for the handicapped
Small (0—6 residents) P
Large (7 or more residents) P
Residential care facilities, other
Small (0—6 residents) P
Large (7 or more residents) C
Rooming or boarding houses C See Section 14.17.100(C)(8) (Boarding House regulations). Allowed on the
second floor or above in a mixed-use
project.

Caretaker's residence CZ
Hotels or motels C
Transportation Facilities
"Park and ride" facilities CZ
Parking facilities, public CZ
Temporary Uses
Temporary uses A See Chapter 14.17 standards.

Accessory Uses and Structures
Accessory uses and structures customarily incidental to a permitted use and contained on the same site
P See Chapter 14.16 regulations.
(Ord. 1838 § 28, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 25, 26, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 2016 , § 5, 10-3-2022)

14.08.030 Property development standards (M).

NR: Not required unless otherwise noted in Additional Standards.

Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development. 4891-1508-9091 v1
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Table 14.08.030
M Additional
Standards
Minimum lot area (sq. ft.) 6,000
Minimum lot area/dwelling unit (sq. ft.) (Max. residential intensity) 2,000 (G) Floor area ratio (Max. non-residential intensity) * *See Section

14.16.150
Minimum lot width (ft.) 60
Minimum yards:

Front (ft.) NR (A)
Side (ft.) NR (A)
Rear (ft.) NR (A)
Maximum height of structure (ft.) 36 (B), (C), (D)
Minimum landscaping 10% (E)
Usable outdoor area (F)
Parking * *Based on use.

See Section

14.18.040.
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residenti14al district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10′). (B) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter

14.24, Exceptions. Lower height may be required consistent with the canalfront review overlay district, Chapter 14.15.
(C) Buildings existing or approved as of January 1, 1987, which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(D) Hotels have a four-story height limit. A five-story height may be approved as part of an environmental and design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (F) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project.
(G) A density bonus may be granted, as provided for in Section 14.16.090. (Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 27, 28, 6-21-2010)
Chapter 14.09 PUBLIC/QUASI-PUBLIC DISTRICT (P/QP)
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14.09.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the specific purposes of the public/quasipublic district include the following:

A. To provide sites for governmental, educational, public safety, public utility, residential and public transportation facilities.

B. To provide site opportunities for recreation and nonprofit community service facilities. (Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).

14.09.020 Land use regulations (P/QP).

P: Permitted by right; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A:

Administrative use permit; Blank: Not allowed.

Table 14.09.020
Type of Land Use P/QP Additional Use
Regulations
Public, Quasi-Public and Community Uses
Community Gardens P Subject to
Performance
Standards Outlined in
Chapter 14.17.

Public facilities
Administrative offices (city and county, special district, public utility, etc.) P Libraries, museums and other cultural facilities P
Public and utility facilities (corporation, maintenance or storage yards, pump stations, utility substations, storm drainage ponds, water tanks, utility distribution facilities, etc.)
C
Safety facilities (police, fire or paramedics) P
Sewage or water treatment facilities, including wastewater ponds and irrigation areas
P
Quasi-public service uses, including clubs and other service organizations, which pursue or provide programs such as day care, religious or similar use C
Schools
Parochial, private C
Public P
Business, performing arts, vocational CZ
Use of school sites for other uses C* *May include: child care programs;
educational,
recreational, cultural
and religious classes,
programs and
activities;
administrative offices
incidental to
educational service
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uses; churches;
counseling groups;
and those private
business uses which
quality as home
occupations.

Commercial Uses
Funeral and interment services
Cemeteries, mausoleums P
Recreation facilities (indoors or outdoors) C
Transportation Facilities
Bus stations, public C
"Park and ride" facilities CZ
Road right-of-ways, slope easements or similar public improvements C Transit stations, public, or transitways C
Residential Uses
Single-family residential C
Duplex residential C
Multifamily residential C See Chapter 14.17
standards.

Rooming or boarding houses C See Chapter 14.17
standards.

Home occupations P See Chapter 14.16
standards.

Live/work quarters A See Chapter 14.17
standards.

Residential care facilities for the handicapped
Small (0—6 residents) P
Large (7 or more residents) P
Residential care facilities, other
Small (0—6 residents) P
Large (7 or more residents) C
Rooming or boarding houses A
Family day care See Chapter 14.17
standards.

Small (0—6 children or adults) P
Large (7—12 children) A See Chapter 14.17
standards
Large (7—12 adults) C See Chapter 14.17
standards
Emergency shelters for the homeless
Permanent C See Section 14.16.115
Rotating or temporary C
Day care center CZ
Temporary Uses
Temporary uses A See Chapter 14.17
standards.

Accessory Structures and Uses
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Accessory structures and uses customarily incidental to a permitted use and contained on the same site.

P See Chapter 14.16
regulations.
(Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 8, 11-19-2018)

14.09.030 Property development standards (P/QP).

NR: Not required unless otherwise noted in Additional Standards.

Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development.

Table 14.09.030
P/QP Additional Standards
Minimum lot area (sq. ft.) NR
Minimum lot area/dwelling unit (sq. ft.) (Max. residential intensity) 1,800 Floor area ratio (Max. non-residential intensity) * * See Section 14.16.150 Minimum lot width (sq. ft.) NR
Minimum yards:

Front (ft.) NR (A)
Side (ft.) NR (A)
Rear (ft.) NR (A)
Maximum height of structure (ft.) 36 (B), (C)
Maximum lot coverage NR
Minimum landscaping 10% (D)
Parking * * Based on use. See
Section 14.18.040
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear yard shall be ten feet (10′). (B) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter

14.24, Exceptions.
(C) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(D) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 29, 30, 6-21-2010)
Title 14 - ZONING*
Division II - BASE DISTRICT REGULATIONS
Chapter 14.10 PARKS/OPEN SPACE DISTRICT (P/OS)
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Chapter 14.10 PARKS/OPEN SPACE DISTRICT (P/OS)

14.10.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the specific purposes of the parks/open space district include the following:

A. To provide appropriately located land throughout the city for public parks; B. To provide opportunity for recreational uses in public parks; C. To promote an integrated pattern of open space areas within the city to serve as visual greenbelts and community separators and to protect environmental resources; D. To protect the public health and safety by limiting lands subject to flooding, slides or other hazards to open space use;
E. To preserve baylands, waterways and wetlands as open space; F. To retain open space land in a natural open state;
G. To discourage public utility facilities in open space areas to minimize harm to the area's visual quality; H. To allow low-intensity, passive recreational uses within open space areas and provide opportunity in appropriate locations for more intensive uses of open space which are consistent with the preservation of open space natural values and have minimal impacts on the environment. (Ord. 1625 § 1 (part), 1992).

14.10.020 Land use regulations (P/OS).

P: Permitted by right; C: Conditional use permit; A: Administrative use permit; Blank: Not allowed.

Table 14.10.020
Type of Land Use P/OS Additional Use
Regulations
Open space, public
Animal grazing C
Animal husbandry C
Community Gardens CZ Subject to
performance
standards outlined in
Chapter 14.17.

Horse keeping C
Riding stables C
Picnic area C
Trails (bicycle, equestrian, pedestrian) C
Wildlife preserves or sanctuaries P
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Open space, private P* *Any of the uses listed
under public open
space, subject to any
additional restrictions
or other approved
uses on an easement,
grant, deed, map of
record or private
covenant.

Public parks, playgrounds and recreation facilities P
Private concessions in public parks C
Public/Quasi-Public Uses
Public facilities
Public and utility facilities (including pump stations, utility substations, storm drainage ponds and water tanks, and excluding corporation, maintenance or storage yards)
C
Sewage or water treatment facilities, including wastewater ponds and irrigation areas
C
Temporary Uses
Temporary uses A See Chapter 14.17
standards.

Accessory Structures and Uses
Accessory structures and uses customarily incidental to a permitted use and contained on the same site
P See Chapter 14.16
regulations.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 9, 11-19-2018)

14.10.030 Property development standards (P/OS).

NR: Not required, unless otherwise noted in Additional Standards.

Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development.

Table 14.10.030
P/OS Additional
Standards
Minimum lot area (sq. ft.) NR
Minimum lot width (ft.) NR
Minimum yards:

Front (ft.) NR
Side (ft.) NR
Rear (ft.) NR
Maximum height of structure 36 (A)
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Parking * * Based on use.

See Section

14.18.040
(A) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter

14.24, Exceptions.
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 31, 32, 6-21-2010)
Chapter 14.11 WATER DISTRICT (W)

14.11.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the purposes of the water district include the following:

A. To promote the waters of San Rafael as a navigable waterway and viable boating/maritime district; B. To provide opportunities for limited water-dependent uses which require access to the water as a central element of its basic function, and which contribute to the maritime character of the district; C. To provide opportunities for marine-related recreation; D. To protect property from erosion from storms and high tides; E. To improve water quality by preventing or reducing pollution caused by any means; F. To protect and enhance wildlife habitat;
G. To provide opportunities for education and scientific research. (Ord. 1625 § 1 (part), 1992).

14.11.020 Land use regulations (W).

P: Permitted by right; C: Conditional use permit: A: Administrative use permit; Blank: Not allowed.

Table 14.11.020
Type of Land Use W Additional Use Regulations
Boat docking facilities
Ancillary use to a single-family residence P
Part of a marina or other nonresidential use C
Boat launching ramps C
Boat storage, wet P At docking facilities only or
in areas designated by
Chapter 17.20.

Charter boat businesses P At docking facilities only or in areas designated by
Chapter 17.20.
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Commercial fishing, shell fishing and trapping C
Open space, private C Limited to outdoor wateroriented recreational activities such as canoeing,
boating and fishing.

Open space, public P* As permitted by the open
space management plan
and/or park master plan. If
a plan has not been
adopted, then a use permit
is required.

Pier or wharf C
Parks, public, and recreation facilities P*
Recreation facilities, private, outdoors C Limited to outdoor wateroriented recreational activities such as canoeing,
boating and fishing.

Terminal, ferry or similar marine transportation C
Wildlife preserve or sanctuary P
Public/Quasi-Public Uses
Public facilities
Public and utility facilities P
Public improvements (bridges, roads, seawalls, levees) P Schools, sailing, boating, etc. C
Temporary Uses
Temporary uses C
Accessory Structures and Uses
Accessory structures and uses customarily incidental to a permitted use and contained on the same site.

C See Chapter 14.16
regulations.
(Ord. 1625 § 1 (part), 1992).

14.11.030 Property development standards (W).

NR: Not required, unless otherwise noted in Additional Standards.

Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to floor area ratio and site development standards. See Chapters 14.23, Variances, and 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review and design guidelines and criteria for development.

Table 14.11.030
W Additional Standards
Minimum lot area (sq. ft.) NR (A)
Minimum lot width (feet) NR
Minimum yards:

Front (ft.) NR (B)
Side (ft.) NR (B)
Rear (ft.) NR (B)
Maximum height of structure (feet) 36
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Maximum lot coverage (percent) NR (A), (C), (D), (E), (F) Parking * * Based on use. See
Section 14.18.040
(A) Loss of open waters due to filling shall be strictly avoided. Fill is subject to the provisions of Section

14.13.040(G), Fill. A use permit shall be required consistent with Sections 14.13.050, Application for a use permit, and 14.13.070, Findings. (Note: Fill in open waters is also subject to issuance of a tidelands permit from the department of public works, and any other permit required by local, state or federal law.)
(B) Development should not encroach into sensitive wildlife habitat areas, limit normal range areas or create barriers which cut off access to food or shelter. (C) Other proposed activities, such as dredging within tidelands and/or open waters, requires a tidelands permit from the department of public works and may require other permits. (D) Public access to the water or shoreline should be provided as identified on the recreation plan and the canal land use and access map of the general plan, and is encouraged elsewhere where appropriate. (E) Views of the water shall be provided as identified on community design map A of the general plan, and is encouraged elsewhere through project design.
(F) For setbacks from creeks, the San Rafael Canal and drainageways, see Section 14.16.080, Creeks and other watercourses. For setbacks from wetlands, see Section 14.13.040(B), Wetland Setbacks. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 33, 34, 6-21-2010)
Division III OVERLAY DISTRICT REGULATIONS
Chapter 14.12 HILLSIDE DEVELOPMENT OVERLAY DISTRICT (-H)

14.12.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the purposes of the hillside development overlay district include the following:

A. To protect public health and safety by minimizing hazards, including seismic and landslide risks, soil erosion and fire danger associated with development on steep and/or unstable slopes; B. To encourage preservation of natural hillside features; C. To ensure adequate emergency access by providing on-site parking; D. To implement the residential site design policies of the general plan and the Hillside Residential Design Guidelines Manual.
(Ord. 1625 § 1 (part), 1992).
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14.12.020 Criteria for establishment of hillside development overlay district.

A. These regulations shall apply to all lots with an average slope of twenty-five percent (25%) or greater, or located in the hillside resource residential or hillside residential general plan land use designations. The hillside development overlay district on the zoning map is placed on those lots which are in the hillside resource residential or hillside residential general plan land use districts.

B. Lots with an average slope greater than twenty-five percent (25%) not shown in the hillside development overlay district are presumed to exist in the city and are protected under all of the terms and provisions of this chapter. Development on such lots requires compliance with the requirements of the hillside development overlay district, except that such lots need not be rezoned to the hillside development overlay designations.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 35, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.12.030 Property development standards (-H).

Development standards shall be those of the underlying zoning district with which a hillside development overlay district is combined, provided that the following shall be in addition and shall govern where conflicts arise, except for subsection G, lot standards, where the lot size standard of the underlying zoning district applies when more restrictive than the subdivision ordinance. Subsections B, F, G, and I shall not apply to SB 9 Housing Developments (regulated by Section 14.15.282) or urban lot splits (regulated by Chapter 15.155—Urban Lot Splits).

A. Building Stepback. A building stepback is established to limit the height of structures to avoid excessive building bulk. The required stepback shall be follows:

1. On any downhill slope a twenty-foot (20′) height limit measured from existing grade shall be observed. This height limit shall be construed to mean that wall planes shall be broken into single wall heights of no more than twenty feet (20′) beyond which a stepback of at least five feet (5′) is required, unless otherwise determined through the environmental and design review permit process. Regardless, the maximum overall building height shall not exceed the height allowed by the zoning district.

2. On non-downhill slope, walls facing front and side property lines shall have a twenty-foot (20′) height limit measured from existing grade shall be observed within all areas within fifteen feet (15′) of the maximum building envelope limit. To allow for design flexibility on non-downhill slopes, an encroachment into the street front, street side and interior side stepback is permitted along twenty-five percent (25%) of the building length.

Note: Please refer to the San Rafael Hillside Design Guidelines for examples.

B. Setbacks. Structures may encroach into a required yard or setback for a distance of not more than onehalf (½) of the required yard or setback provided that the decrease minimizes the impact of hillside development and grading, subject to approval by the hearing body of an environmental and design review permit, with the recommendation of the design review board that the decrease minimizes the impact of hillside development and grading. If such a reduction is granted, a compensating increase in setback is required in the opposing setback, i.e., a five-foot reduction in a front yard setback would increase the rear yard setback by five feet (5').

C. Natural State. A minimum area of twenty-five percent (25%) of the lot area plus the percentage figure of average slope, not to exceed a maximum of eighty-five percent (85%), must remain in its natural 4891-1508-9091 v1
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state. This standard may be waived or reduced for lots zoned PD (planned district) or developed with clustered development with the recommendation of the design review board , subject to approval by the hearing body. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation.

D. Gross Building Square Footage. The maximum permitted gross building square footage of all structures (including garages and accessory structures over one hundred twenty (120) square feet) is limited to two thousand five hundred (2,500) square feet plus ten percent (10%) of the lot area with the maximum gross square footage set at six thousand five hundred (6,500) square feet. This requirement does not apply to properties where the general plan has adopted a medium density residential or high density residential land use designation.

E. Ridgeline Development. Development of new structures within one hundred (100) vertical feet of a visually significant ridgeline, as shown on the community design map of the general plan, is prohibited unless this restriction precludes all reasonable economic use of the property. Exception: an exception to the ridgeline regulation may be granted if the decision-making body makes the findings that:

1. There are no site development alternatives which avoid ridgeline development;

2. The density has been reduced to the minimum allowed by the general plan land use designation density range;

3. No new subdivision lots are created which will result in ridgeline development; and

4. The proposed development will not have significant adverse visual impacts due to modifications for height, bulk, design, size, location, siting and landscaping which avoid or minimize the visual impacts of the development, as viewed from all public viewing areas.

ILLUSTRATION 14.12.030
F. Parking Requirements. On streets less than twenty-six feet (26') wide, a minimum of two (2) additional on-site parking spaces shall be provided (not on the driveway apron) for single-family residential development. These spaces should be conveniently placed relative to the dwelling unit which they predominately serve. This requirement may be waived or reduced by the hearing body when deemed appropriate or necessary to reduce the need for excessive grading or tree removal, and suitable off-site 4891-1508-9091 v1
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parking is determined to be available. Further, vehicles should not be allowed to back-out onto a street less than twenty-six feet (26') wide unless approved by the hearing body as necessary to reduce the need for excessive grading or tree removal, or lessen driveway slope, and adequate sight distance, maneuvering area, driveway area, and backup space (which may include paved right-of-way) are provided to facilitate safe and efficient vehicle ingress/egress, as recommended by the public works department, fire marshal and community development director. Driveway and maneuvering areas shall consist of suitable all-weather pavement or permeable hardscape surface approved by the city.

G. Lot Standards. Minimum lot sizes and widths for lots created after November 21, 1991 are subject to the slope tables established under Chapter 15.07 of the subdivision ordinance.

H. Street and Driveways. New street and driveway grades shall not exceed eighteen percent (18%) unless an exception has been granted by the hearing body, and the design has been recommended by the design review board public works director and fire marshal to allow a driveway or street slope up to a maximum twenty-five percent (25%) grade. Streets and driveways with slopes over fifteen percent (15%) shall be a permanent, durable, non-asphalt hardscape surface. Streets and driveways with slopes over eighteen percent (18%) shall have grooves/scoring for traction. A suitable transition shall be provided at the street and driveway apron to allow vehicles to safely transition to/from roadways and parking areas, as recommended by the department of public works. Further, the design of the driveway apron at the garage shall be subject to review and recommendation from the department of public works to ensure safe and efficient vehicle ingress and egress.

I. Design Review Requirement. An environmental and design review permit may be required, consistent with the requirements of Chapter 14.25, Environmental and Design Review Permits. All applications shall be evaluated for conformity with the Hillside Residential Design Guidelines Manual. (Ord. 1838 § 29, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 36—38, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 10, 11-19-2018; Ord. No. 2013 , § 4, 8-1-2022)

14.12.040 Exceptions to property development standards.

City Council Exception Required. Exceptions to the property development standards of this chapter may be approved by the city council, upon the recommendation of the design review board and the planning commission, when the applicant has demonstrated that alternative design concepts carry out the objectives of this chapter and are consistent with the general plan based on the following criteria:

A. The project design alternative meets the stated objectives of the hillside design guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and
B. Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures.

This section shall not apply to SB 9 Housing Developments (regulated by Section 14.15.282) or urban lot splits (regulated by Chapter 15.155—Urban Lot Splits).
(Ord. 1663 § 1 (part), 1994).
(Ord. No. 1882, Exh. A, § 39, 6-21-2010; Ord. No. 2013 , § 4, 8-1-2022) Title 14 - ZONING*
Division III - OVERLAY DISTRICT REGULATIONS
Chapter 14.13 WETLAND OVERLAY DISTRICT (-WO)
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Chapter 14.13 WETLAND OVERLAY DISTRICT (-WO)

14.13.010 Specific purposes.

Wetlands are indispensable and fragile natural resources subject to flooding, erosion, soil-bearing capacity limitations and other hazards. Destruction of or damage to wetlands threatens public safety and the general welfare. In addition to the general purposes listed in Section 14.01.030 and the purposes of the underlying zoning district, the purposes of the wetland overlay district include the following:

A. To preserve and enhance the remaining wetlands in San Rafael by encouraging their use only for purposes compatible with their natural functions and environmental benefits; B. To prohibit in wetlands and discourage at adjacent upland sites those development activities that may adversely affect wetlands;
C. To design development to avoid or minimize adverse impacts on wetland habitat; D. To encourage restoration of wetland sites;
E. To prevent loss of life, property damage and other losses and risks associated with flooding by providing floodwater passage for stormwater runoff and floodwaters that coincide with high tides; F. To protect property values by preventing damage from erosion from storms and high tides; G. To contribute to improved water quality by preventing or reducing increases in pollution caused by any means;
H. To protect and enhance wildlife habitat, including that of rare, threatened and endangered plant and animal species;
I. To provide sites for education and scientific research; J. To provide opportunities for recreational activities compatible with wetland habitat. (Ord. 1625 § 1 (part), 1992).

14.13.020 Criteria for establishment of wetland overlay (-WO) district for identified and unidentified wetlands.

A. These regulations shall apply to all properties located within the city of San Rafael that contain wetlands. The wetland overlay district that is classified on the city's zoning map is applied and adopted on those properties which contain wetlands that have been identified and confirmed by the U.S. Army Corps of Engineers. An inventory of properties that contain known and confirmed wetlands is available in the community development department.

B. Wetlands are known to exist throughout the community that are not identified or shown in the wetland overlay district, as they are typically discovered and confirmed as part of a site-specific assessment.

Nonetheless, all wetlands are protected under all of the terms and provisions of this chapter. A property containing wetlands that have been confirmed by the U.S. Army Corps of Engineers shall be rezoned to combine the wetland overlay district with the base zoning adopted for the property. 4891-1508-9091 v1
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C. Submerged properties and tidelands lots that are located within the Water (W) District require compliance with the provisions of the -WO District, except that such properties need not be rezoned to the -WO District. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.13.030 Land use regulations (-WO).

P: Permitted by right; C: Conditional use permit; Blank: Not allowed. 4891-1508-9091 v1
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Table 14.13.030
Type of Land Use WO Additional Use Regulations
Underlying Zoning District Uses C (A), (B), (C), (D)
Open Space/Parks/Recreation
Agriculture, cultivation of crops C Excludes cultivation of cannabis, which is prohibited throughout
the City of San Rafael
Open space, private
Uses allowed in a public open space C (A), (B), (C), (D) Uses allowed in a private covenant C (A), (B), (C), (D) Open space, public
Animal grazing P* *As permitted by the open
space management plan and/or
park plan conforming with the
wetland use regulations. If a
plan has not been adopted,
then use regulations (A), (B), (C)
and (D) apply with a use permit.

Animal husbandry P*
Horse keeping P*
Riding stables P*
Picnic areas P*
Trails P*
Public parks, playgrounds and recreation facilities P*
Private concessions in public parks P*
Recreation facilities, private (indoors and outdoors) C (A), (B), (C), (D) Wildlife preserves or sanctuaries C (A), (B), (C), (D)
Public/Quasi-Public Uses
Public facilities
Public and utility facilities (pump stations, utility substations, storm drainage, ponds, water tanks, transmission facilities)
P*
Public improvements (bridges, roads and levees) P*
Sewage or water treatment facilities, including wastewater ponds and irrigation areas
P*
Schools
Parochial, private C (A), (B), (C), (D)
Public C (A), (B), (C), (D)
(A) In wetlands, the only uses allowed are the construction and maintenance of water-related structures such as piers, docks, walkways, observation decks and shelters, fences, wildlife management shelters, stormwater pumps and bridges.
(B) Provided that any and all necessary permits or approvals required by local, state or federal law shall be obtained.
(C) Uses in or near wetland areas shall be controlled or designed to have minimal adverse impact on wetland habitat.
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(D) Recreation/scientific activities in or near wetlands should be low intensity uses, such as bird watching, fishing, nature photography and study, wildlife observation and scientific research and education. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1955 , (Exh. A, § 7), 3-19-2018)

14.13.040 Property development regulations (-WO).

The required and applied development standards shall be those standards adopted for the underlying zoning district with which a -WO District is combined, provided that the following additional requirements shall apply and shall govern where conflicts arise.

A. Structures in Wetlands. Any structures that are allowed to be placed in wetland areas (per Section

14.13.030(A)) must be designed and constructed to minimize adverse impacts on wetlands through construction on pilings to allow unobstructed flow of water, so as to preserve the natural contour of the wetland and to minimize impairment, alteration or loss of wetlands.

B. Wetland Setbacks.

1. A wetland setback shall be measured from the edge of a wetland, as determined through application of the procedures in Section 14.13.05(A), Determination of wetland boundaries. The setback from a creek or drainage way wetland, or from the San Rafael Canal, shall be established and measured consistent with the provisions of Section 14.16.080, Creeks and other watercourses of this title.

2. For wetlands which are neither creeks nor drainage ways, a development-free setback of fifty feet (50'), including but not limited to paving and structures, shall be required. A wetland setback of greater than fifty feet (50') in width may be required on properties larger than two (2) acres in size, as determined through the site development review process.

3. An exception to the minimum wetland setback requirement may be granted by the planning commission for minor encroachments, which would permit a setback reduction of no more than ten percent (10%) of the minimum setback requirement. A minor encroachment may be granted provided that the following can be demonstrated by a qualified wetland expert to the satisfaction of the city:
a. The reduced setback or minor encroachment adequately protects the functions of the wetland to the maximum extent feasible; and the environmental values of the wetland will not be impacted by the reduced setback or minor encroachment.

City review of an exception from the minimum wetland setback requirement shall include consultation with, and consideration of, comments from the appropriate resource agencies such as the State of California Department of Fish and Wildlife.

C. Buffer Measures within Wetland Setback. Within the wetland setback, appropriate measures, such as fencing and screening, landscaping, and natural habitat areas are required to minimize adverse impacts on wetlands and wetland habitat.

D. Landscaping and Vegetation within Wetland Setback. Landscaping and vegetation installed within the wetland setback shall be native plant species that are indigenous to the area and selected to enhance and/or protect habitat for the present wildlife species.

E. Erosion and Sedimentation Control. During construction, every precaution shall be taken to prevent the disruption or degradation of adjacent wetlands. Best-management practices shall be required to minimize siltation, sedimentation and erosion, subject to approval by the department of public works. 4891-1508-9091 v1
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To ensure that sediment remains on the site and is not transported into wetlands, erosion and sediment controls shall be left in place until the site is stabilized with permanent vegetation.

F. Stormwater Runoff. Stormwater runoff systems shall be designed to:
1) Maintain adequate water flows to the wetland so as to maintain its integrity; and 2) Ensure that stormwater runoff is substantially free of debris, pollutants and silt. Stormwater runoff management proposals shall be submitted and are subject to approval by the community development department, planning division and the department of public works.

G. Fill. Loss of wetlands due to filling shall be strictly avoided, unless it is not possible or practical. Filling of wetlands is permitted only when it is demonstrated and determined that, due to site constraints and unique site conditions, wetland fill cannot be avoided by reducing the size, scope, configuration, intensity or density of the development, or by changing the design of the development in a way that would avoid or result in fewer adverse effects on the wetland.

1. Mitigation for fill. If it is demonstrated that wetland fill cannot be avoided, the planning commission may approve a use permit to authorize this fill, provided that the filled wetland is replaced, in-kind and on-site at a minimum ratio of 2:1 (two (2) acres of new wetland for every one (1) acre of wetland that is filled). If it is not possible or practical to create new, on-site wetland, off-site, in-kind replacement shall be required at a minimum ratio of 3:1. All wetland fill and replacement shall be reviewed and authorized consistent with the provisions of Section

14.13.080(C), Required wetland restoration or creation, and Section 14.13.070, Findings.

2. Waiver. A waiver to the fill regulations may be granted by the planning commission for fill of small wetlands that are 0.1-acre in size provided that:
a. the wetland is isolated meaning that it is not within, a part of, directly connected with or hydrologically-linked by natural flow to a creek, drainageway, wetland or submerged tidelands;
b. it is demonstrated by a qualified wetland expert the preservation of the wetland is not practical as it would not result in a functioning, biological resources because of its isolation; c. the city has determined that filling will result in a more appropriate and desirable site plan for the project; and
d. the city consults with and considers comments received from the appropriate resource agencies with wetland oversight (e.g., California Department of Fish and Wildlife and/or California Regional Water Quality Control Board).

H. Incentives for Wetland Creation. To encourage the creation of new wetland areas, an exception to the property development regulations of the underlying zoning district pertaining to setbacks, height, landscaping and useable outdoor area may be granted consistent with Section 14.13.080(A), Incentives for wetland creation.

I. Wetland Vegetation. Removal of wetland vegetation or changing of drainage characteristics by private parties which adversely affects wetlands shall be avoided and requires a use permit (see Section

14.13.070, Findings).
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)
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14.13.050 Application for a use permit.

A. Determination of Wetland Boundaries. The specific boundaries of a wetland shall be determined by one (1) of the following methods:

1. The U.S. Army Corps of Engineers will, at the request of the applicant, make a jurisdictional determination delineating wetland boundaries; or,

2. A qualified wetland expert, at the request of the applicant, may identify the wetland boundary in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as most recently adopted. The Corps shall verify the accuracy of, and may render adjustments to, the boundary delineation. The wetland boundaries shall be those with which the Corps concurs. Corps concurrence shall occur prior to issuance of a building and/or grading permit.

Should there be an adjustment by the Corps to a wetland boundary which affects wetland setbacks or a use permit for fill, a use permit amendment shall be required, consistent with Chapter 14.22, Use Permits.

3. For development where no fill of wetlands is proposed, a qualified wetland expert, at the expense of the applicant, may identify the wetland boundary in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as most recently adopted. In lieu of Corps verification of the delineation, the applicant may pay the city for the hiring of an independent, qualified wetlands biologist to verify and, if necessary, modify the wetland boundaries.

B. Agency/Organization Consultations. The applicant for a use permit is strongly encouraged to consult with the U.S. Army Corps of Engineers, as well as the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, California Department of Fish and Game, California Coastal Conservancy, California State Lands Commission, San Francisco Bay conservation and development commission, San Francisco Bay regional water quality control board, Marin-Sonoma mosquito abatement district and any other appropriate agencies or organizations early in the planning process. The application for a use permit should include a record of the persons consulted in each of the appropriate agencies or organizations.

C. Required Information. In addition to the above requirements, the following information shall be submitted by an applicant for a use permit in the wetland overlay district.

1. Project description with an assessment of impacts of the proposed use and development on wetlands and associated wildlife, including adjacent wetlands and adjacent uplands. For development which proposes a wetland setback less than one hundred feet (100′) on a lot larger than two (two) acres in size, and/or a setback from a drainageway, include a description of how the proposed setback adequately protects the value of the wetland habitat. For development which proposes fill in a wetland, include the following:
a. An explanation of why the proposed development cannot be accomplished by a reduction in the size, scope, configuration or density of a development, b. A biological assessment of the current habitat values of any wetlands proposed to be lost including local and regional habitat values,
c. Identify mitigation site(s) and how it would be permanently protected;

2. Project purpose, stating the general function and objectives of the development, and showing that, if achieved, the proposed avoidance or mitigation measures would result in no net loss of wetlands;

3. Wetland map drawn to scale, delineating the extent of the wetland(s) on the site; indicating the jurisdictional boundaries of the Corps and other public agencies; mapping soil and vegetation types according to the classification system outlined in the Federal Manual for Identifying and Delineating 4891-1508-9091 v1
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Jurisdictional Wetlands as most recently adopted; and, showing water sources with a general characterization of the wildlife habitat;

4. Site plan showing the location and dimensions of all existing and proposed structures, roads and other installations within two hundred feet (200′) of the wetland boundaries, both on-site and off-site; and the relationship of the proposed activity and any potentially affected wetland to the entire site owned by the applicant;

5. Grading and drainage plan showing elevations of the site and adjacent lands within a minimum of two hundred feet (200′) of the wetland boundaries, both on-site and off-site, at one (1) foot contour intervals; water sources; the location and specifications for all proposed filling, grading and vegetation removal, including the amounts and methods; and drainage patterns. Demonstrate acceptable erosion and sedimentation control, appropriate stormwater runoff management and adequate wildlife habitat protection during the construction period;

6. Construction schedule of the proposed construction sequence, showing when each stage of the development will be completed, including the total area of soil surface to be disturbed during each stage and estimated starting and completion dates. In no case shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to initiation of the construction activities.

D. Modifications to List of Required Information. The planning director may, prior to determination of completeness date, waive the submission of listed information, or may require additional information when necessary to verify compliance with the provisions of this chapter, or to evaluate the proposed use. (Ord. 1625 § 1 (part), 1992).

14.13.060 Conditions of approval.

In approving a use permit, the planning commission may impose reasonable conditions. If a use adversely affects existing wetlands, such as altering hydrological conditions, the use permit application may be denied, or mitigation measures may be required. Where fill is proposed, wetland restoration or creation shall be required, accordant with Section 14.13.080(C), Required wetland restoration or creation. Where applicable, and as a condition of approval prior to issuance of a building permit, the following may be required by the planning department:

A. Verification of Corps concurrence with the applicant's determination of wetland boundaries; and/or, B. A Section 404 or Section 10 permit (or its equivalent successor) from the U.S. Army Corps of Engineers; and/or,
C. A letter from the California State Department of Fish and Game stating compliance with its Wetlands Policy; and/or,
D. A Certificate of Conformance With Water Quality Standards issued by the State Water Resources Control Board; and/or,
E. A permit from the bay conservation and development commission. (Ord. 1625 § 1 (part), 1992).

14.13.070 Findings.

A. Uses Within a Wetland. The planning commission may approve an application for a use permit for a proposed use within a wetland as allowed in Section 14.13.030, Land use regulations, if it is found that the 4891-1508-9091 v1
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proposed use is consistent with the purposes of Section 14.13.010, Specific purposes, and that the proposed use:

1. Is a water-related structure as identified in Section 14.13.030, Land use regulations; and,

2. Minimizes impairment to the wetland's functional characteristics, existing contour and wildlife habitat; and,

3. Complies with all wetland regulations contained herein; and,

4. Cannot be accomplished by a reduction in the size, scope, configuration or density of the development as proposed, or by changing the design of the development in a way that would avoid or result in fewer adverse effects on the wetland.

B. Uses Outside of a Wetland. The planning commission may approve an application for a use permit for a proposed use outside a wetland as allowed in Section 14.13.030, Land use regulations, if it is found that the proposed use is consistent with the purposes of the base district, and:

1. Minimizes impairment to the adjacent wetland's functional characteristics and wildlife habitat; and,

2. Complies with all wetland regulations contained herein. (Ord. 1625 § 1 (part), 1992).

14.13.080 Wetland restoration and creation.

A. Incentives for Wetland Creation. Where a property owner proposes to expand an existing on-site wetland, and where no fill in an existing wetland is proposed, the planning commission may grant an exception to the property development standards of the underlying base district. An exception shall not be granted for wetlands created as a condition of approval for fill in a wetland, and is limited to the following site development regulations:

1. Setbacks. The minimum setbacks from the lot lines of the underlying zoning district may be decreased where the proposed setback is in character with the surrounding development, and where such decrease will not unreasonably affect abutting sites nor reduce wetland setbacks.

2. Height. The maximum allowed building height for a residential structure may be increased to no greater than thirty-six (36′) feet where scenic views or solar access on surrounding properties are not affected, and where the proposed height is in character with the surrounding development.

3. Landscaping. Wetlands may be included as fulfilling part of the landscaping requirements, except that the requirement for parking lot landscaping shall be met.

4. Usable Outdoor Area. Wetlands may be included as fulfilling part of the usable outdoor area requirements of this title where the building and landscape design is such that the residents of the building may participate in passive outdoor recreational activities such as bird watching, fishing and nature photography.

B. The planning commission may approve an exception to the property development standards of the underlying base district, if it finds that:

1. The proposed development is consistent with the intent of the provisions of the underlying zoning district development regulations and with other applicable provisions of this title;

2. The proposed development adequately protects the value of the wetland habitat; and,

3. There is a net gain in wetland quality and no fill in or damage to existing wetlands on the site. 4891-1508-9091 v1
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C. Required Wetland Restoration or Creation. The purpose of this section is to prevent a loss of wetlands by ensuring new wetlands when fill is proposed. Wetland restoration or creation shall be required for fill in a wetland, per Section 14.13.040(G), Fill. Wetland restoration or creation shall meet the following minimum standards and shall occur pursuant to an approved wetland management plan (Section 14.13.090):

1. On-Site Wetland Restoration or Creation. The restoration or creation of wetlands shall be of at least equal quality and of a similar type to that of the existing wetlands, and on or adjacent to the site, where possible.

2. Off-Site Wetland Restoration or Creation. Where the applicant has demonstrated to the planning commission that restoration or creation on-site or adjacent to the site is infeasible due to technical constraints, such as lot or wetland size or wetland type, or that a wetland of a different type or location is strongly justified based on regional needs or the functional value of the impacted wetland, the planning commission may accept or recommend an alternative proposal for restoration or creation of a wetland off-site.

3. Timing of Wetland Restoration or Creation. Restoration or creation of wetlands should be completed prior to construction of the development. Where implementation of a development would adversely affect mitigation efforts, construction activities may be started prior to restoration or creation of wetlands.
(Ord. 1625 § 1 (part), 1992).

14.13.090 Wetland management plan.

An applicant for a use permit for fill shall be required to submit a wetland management plan prepared by a qualified wetlands expert. An applicant for a use permit for a conditional use in a wetland, or as part of environmental review under the California Environmental Quality Act may be required to prepare a wetland management plan.

A. Required Information. A wetland management plan shall include any or all of the following items as deemed necessary by the planning director:

1. Goals and objectives, including a description of the functional relationships sought in the new wetland, such as habitat areas, topography and soil characteristics, water flow patterns and water levels, and upland buffers;

2. Wetland preservation, restoration, and creation techniques and standards, identifying the location and size of wetland areas to be preserved, restored or created, and including:
a. Water-quality parameters, water source, water depths, water-control structures and water-level maintenance practices needed to achieve the necessary ambient water conditions and characteristics,
b. Planting plans (identifying target wildlife species) specifying plant species, quantities, locations, size, spacing or density; source of plant materials or seeds; timing, season, water and nutrient requirements for planting; and, plant protection measures, c. Site preparation specifications for, if needed, soil amendments, removal of unsuitable fill and weed control,
d. Wetland protection measures for minimizing impacts during grading and construction, and for minimizing disturbances to wildlife habitat,
e. Mosquito management, demonstrating ecological mosquito control developed in consultation with the Marin-Sonoma mosquito abatement district, and 4891-1508-9091 v1
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f. For wetland creation, identification of disposal area for any dredged material;

3. Implementation and monitoring plan, providing:
a. Specific criteria for evaluating whether or not the goals of the wetland management plan are being achieved at various stages in the development, b. Specifications for irrigation as needed, removal of exotic and nuisance vegetation, and maintenance,
c. Responsibility for monitoring the hydrology, vegetation and wildlife of the wetland with a specified monitoring time frame (five (5) years recommended for tidal marshes and ten (10) years recommended for other wetlands),
d. Provision for correction of design defects in the plan and any needed plant replacement, e. Identification of method(s) used to ensure that the wetland will be protected in perpetuity;

4. Management organization, demonstrating fiscal, administrative and technical competence of sufficient standing to successfully execute the overall development;

5. Cost estimate, sufficient to cover the cost of implementing and maintaining the wetland. In addition, bonds ensuring fulfillment of the development may be required.

B. Approval of a Wetland Management Plan. A wetland management plan may be approved, approved with conditions or disapproved by the planning commission, with the commission's decision appealable to the city council, upon finding that it is consistent with the purposes of this chapter. (Ord. 1625 § 1 (part), 1992).

14.13.100 Enforcement.

In the event of illegal fill or similar activity, such as grading, dredging, removal of wetland vegetation by private parties or changing of drainage characteristics by private parties which adversely impacts a wetland, the city council shall have the power to order wetland restoration and creation measures for the damaged or destroyed wetland area by the person or agent responsible for the violation, consistent with the fill regulations in Section 14.13.040(G), Fill. If the responsible person or agent does not complete such measures within a reasonable time following the order, the city may undertake to restore the affected wetland to its prior condition and/or create or restore other wetlands for the purpose of offsetting losses sustained as a result of the violation at the expense of the property owner and/or the person or agent responsible for the violation. Covered expenses include all wetland restoration or creation costs as well as administration and enforcement costs. To guide restoration and creation actions, the planning department shall have the power to order the property owner and/or the person or agent responsible for the violation to develop a plan as described in Section 14.13.090, Wetland management plan.
(Ord. 1625 § 1 (part), 1992).

Chapter 14.14 EICHLER AND ALLIANCE HOMES OVERLAY DISTRICT (-E/A)

14.14.010 Specific purposes.

The Eichler and Alliance Homes overlay district is intended to modify the site development regulations of the R residential districts to preserve and maintain the predominately single-story and unique design character of neighborhoods composed exclusively of Eichler and Alliance homes. 4891-1508-9091 v1
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(Ord. 1819 § 1 (part), 2004).

14.14.020 Property development standards.

For sites within the Eichler and Alliance Homes overlay district, the following site development regulations shall apply in lieu of the otherwise applicable site development regulations of Section 14.04.030:
a. Height. The maximum height shall be seventeen feet (17′), as measured from grade to the peak of the roof.
b. Habitable Floor Limitations. There shall be a limit of one habitable floor. Habitable floors include lofts, mezzanines and similar areas.
(Ord. 1819 § 1 (part), 2004).

14.14.030 Design review of roof modifications.

Modifications which increase the height of roof structures by more than six inches (6") or change the roof pitch, including the creation of raised or sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the addition of solar collectors, shall be subject to design review as set forth in Section 14.25.040(C) of this title. The measurement of the increase in roof height for building additions shall be made from the immediately adjacent roof elevations. (Ord. 1838 § 30, 2005: Ord. 1819 § 1 (part), 2004).

Chapter 14.15 CANALFRONT REVIEW

OVERLAY DISTRICT (-C)

14.15.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, Purposes, and the purposes of the underlying zoning district, the specific purposes of the canalfront review overlay district include the following:

A. Protect the unique physical and social characteristics of the canalfront area; B. Enhance the canalfront orientation of existing structures; C. Insure canalfront-oriented design in new development; D. Improve public views and access to the canalfront;
E. Promote design excellence by encouraging creative development project design and the innovative use of materials and methods and techniques.
(Ord. 1625 § 1 (part), 1992).

14.15.020 Authority.

The planning commission, zoning administrator or planning director may approve, conditionally approve or deny applications for an environmental and design review permit in the canalfront review overlay district. The authority for determination on major, minor and administrative environmental and design review permits in the canalfront review overlay district is identified in Section 14.25.020, Authority. 4891-1508-9091 v1
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(Ord. 1625 § 1 (part), 1992).

14.15.030 Application.

An application for an environmental and design review permit in the canalfront review overlay district shall be initiated by submitting to the planning department a completed application form, signed by the property owner or authorized agent, accompanied by the required fee and information as required by Section 14.25.030, Application.
(Ord. 1625 § 1 (part), 1992).

14.15.040 Improvements subject to review.

No improvement subject to review in Section 14.25.040, Improvements subject to review, shall hereafter be constructed, located, repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as consistent with the canalfront design review guidelines. (Ord. 1625 § 1 (part), 1992).

14.15.050 Canalfront design criteria.

Development standards shall be those of the underlying zoning district with which the canalfront review overlay district is combined, provided that the following mandatory requirements shall be in addition and shall govern where conflicts arise. The discretionary guidelines are intended to assist the designer in understanding city design policies for development in the canalfront area. The following criteria shall be in addition to the design criteria of Section 14.25.050, Review criteria.

A. Site Design. Design factors which must be considered include the development of the canal as an attractive amenity; orientation of the development to the canalfront; pedestrian and bicycle access and linkages where appropriate; and canal view protection and enhancement. Setbacks along the canal are required to preserve and enhance wildlife habitat, to provide public access and/or to provide for levee maintenance.

B. Architecture. Low-scale buildings that protect public views of the water and which do not dominate the canal shall be required. High quality waterfront-oriented design as viewed from the canal as well as the street is encouraged.

C. Colors/Materials. Colors and materials shall be consistent with Section 14.25.050(F)(2), Materials and Colors.
(Ord. 1625 § 1 (part), 1992).

14.15.060 Processing.

The application for a canalfront review overlay district design review permit shall be processed consistent with the provisions of Chapter 14.25, Environmental and Design Review Permits. (Ord. 1625 § 1 (part), 1992).

Division IV REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 14.16 SITE AND USE REGULATIONS
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Chapter 14.16 SITE AND USE REGULATIONS

14.16.010 Specific purposes and applicability.

Site and use regulations are development standards that are applicable to sites in all or several districts. The site and use regulations listed in this section are intended to ensure that new uses and development will contribute to and be harmonious with existing development, will reduce hazards to the public resulting from the inappropriate location, use or design of buildings and other improvements, and will be consistent with the policies of the general plan. These regulations shall be applied as specified in the district regulations, and as presented in this chapter.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.020 Accessory structures.

An accessory structure (i.e., a customarily incidental structure detached from a principal building on the same lot) shall comply with all requirements for principal buildings, with the following exceptions and additional requirements:

A. Applicability. These standards shall apply to all zoning districts that permit accessory structures (i.e. a structure detached from a principal building on the same lot, as defined in Section 14.03.030), and shall be in addition to all other standards regulating development of the site. Where any conflict is found to exist, the more restrictive standard shall be applied.

B. Timing of Installation. An accessory structure shall be constructed concurrent with or subsequent to the construction of a principal building on the property.

C. Building code compliance. Additional setbacks from property lines or adjacent structures shall be provided where required to comply with applicable building codes, as determined by the building official.

D. Small Wind Energy Systems. Small wind energy systems shall be permitted as regulated under Section

14.16.305.

E. Residential Accessory Structures. The following standards shall apply to accessory structures in residential districts:

1. Front and Street Side Yard Setbacks.
a. Fountains, trellises, statues and similar decorative yard improvements up to four feet (4′) in height, fences, small retaining walls and minor decorative entryway treatments as permitted pursuant to Section 14.16.140.A.1, decks less than twelve inches (12″) above grade, and access driveways and walkways may be located within the required front yard setback and/or street side yard setback; provided that such accessory structure shall not conflict with the sight distance triangle of an intersections or driveway required pursuant to Section 14.16.295.
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b. No other structures or improvements shall be placed within a required front yard or street side yard.
c. No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach into any front yard or street side yard setback.
d. Accessory structures shall meet the setback requirements for reverse corner lots, contained in Section 14.04.030(D).
e. Detached accessory structures may only be placed between the front-facing wall of the primary structure and the front setback with administrative design review, except as allowed by Section 14.16.020.E.1.a. This requirement does not apply to garage or carport structures which must comply with the setbacks established by the applicable zoning district.

2. Interior Side and Rear Yard Setbacks.
a. Zero-foot (0′) Setback. The following accessory structures may be located within the required interior side and rear yard setbacks, and up to the property line, subject to conformance with any applicable building code limitations and provision of an unobstructed walkway clearance of at least three feet (3′) between above-grade accessory structures and adjacent buildings or the property line in order to provide access around the primary building:
i. Accessory structures, unconditioned (e.g., not intended for human occupancy) with a maximum floor area of one hundred twenty (120) square feet and up to eight feet (8′) in height measured from grade to roof peak; ii. Fountains, trellises, statues and decorative yard improvements no taller than six feet (6′) in height;
iii. Retaining walls up to four feet (4′) in height above grade (e.g., exposed wall height above finished grade, as determined by the community development director);
iv. At-grade walkways and decks less than twelve inches (12″) above grade. b. Three-foot (3′) Minimum Setback. The following accessory structures may be located within three feet (3′) of the rear and interior side yard property line:
i. Accessory structures greater than one hundred twenty (120) square feet in floor area and up to fifteen feet (15′) in height measured from grade to roof peak;
ii. Fireplaces, barbecues, self-contained portable spas, spa/pool equipment (additional setbacks and limitations on the placement of spa/pool pump and filtration systems shall be as specified in Section 14.16.320); iii. Uncovered decks twelve inches (12″) or more above grade. c. Pools/in-ground spas. A setback of at least three feet (3′) or a distance equal to one-half (½) the depth of the pool, whichever is greater, shall be provided from the property line. d. Easements and Property Lines. No structure or portion thereof, including overhangs and foundations, shall obstruct an easement or cross a property line. e. Mechanical equipment shall subject to additional screening and setback requirements, as specified in Section 14.16.320.
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3. Alley Setback. An accessory structure shall be located a minimum of five feet (5′) from an alley.

4. Coverage. In addition to counting toward the total lot coverage limit that applies to all structures on a parcel, residential accessory structures shall not exceed a maximum of thirty percent (30%) of the required side or rear yard areas. Required front yard areas shall maintain at least fortypercent (40%) pervious landscape area.

5. Height. The height of an accessory structure shall not exceed a height of fifteen feet (15′) except as permitted through design review.

F. Nonresidential Accessory Structures. The following standards shall apply to accessory structures where permitted in a non-residential zoning district.

1. In a nonresidential district, above ground accessory structures are permitted when such structures do not alter the character of the premises, and when constructed in conformity with all applicable requirements of this title; including floor area ratio requirements of this Chapter

14.16, Chapter 14.18 (Parking Standards) and Chapter 14.25 (Design Review).

2. Shipping and Storage Containers. Shipping and storage containers (e.g., "cargo" containers), or similar all-weather storage containers, may be allowed within an outdoor storage yard that has been approved consistent with the provisions of the underlying commercial and industrial district land use tables, and Section 14.17.120 (Outdoor storage). In all other instances, a storage container shall only be considered as a permanent structure that shall be subject to all of the underlying zoning district development standards, design criteria and provisions of this title (including floor area ratio requirements, parking standards, and Chapter 14.25 (Design Review)).

See Section 14.17.130 (Temporary uses) for regulation of a storage container proposed for a temporary use.
(Ord. 1802 § 4, 2003: Ord. 1731 § 2, 1998; Ord. 1625 § 1 (part), 1992). (Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 11, 11-19-2018; Ord. No. 2002 , div. 9, 12-6- 2021)

14.16.025 Refuse enclosure requirement.

Suitable area shall be provided on-site for collection of trash and recyclable materials for all multi-family, mixed-use and non-residential development projects. Refuse storage areas shall be adequately screened from view. The refuse area enclosure shall be designed to meet the minimum recommended dimensional standards of the local refuse collection agency, as well as any requirements of other agencies responsible for review and permitting of the facility; such as building, fire, public works or county health. See Section 14.16.020 for Accessory Structure standards and Chapter 14.25 for design review requirements. (Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.030 Affordable housing requirement.

A. Purpose and Intent. The purpose of this section is to enhance the public welfare and ensure that further residential and nonresidential development projects within the city contribute to the attainment of affordable housing goals and requirements by promoting and increasing, through actual construction and/or alternative equivalent actions as provided for in this section, the development of rental and ownership housing units for very low, low and moderate income households. 4891-1508-9091 v1
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B. General Requirements—Residential Development Projects. Any new residential development project with dwelling units intended or designed for permanent occupancy shall be developed to provide affordable housing units to very low, low and moderate income households in perpetuity unless, in its sole discretion and upon a finding of need pursuant to the Guidelines for the Administration of the Affordable Housing Trust Fund, as adopted and amended from time to time by the city council, the city council reduces the time frame to not less than forty (40) years.

1. Exemptions. This provision shall be imposed on all residential development projects except that the following shall be exempt from the provisions of this section:
a. Projects that are the subject of development agreements in effect with the city and approved prior to the effective date of the city council ordinance; b. Projects where a building permit application has been accepted as complete by the city prior to the effective date of this section; however, any extension or modification of such approval or permit after such date shall not be exempt;
c. Any building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt square footage of the residential portion of the building does not increase upon reconstruction; d. Any residential development project of one (1) single family structure; and e. Second units approved by the city of San Rafael pursuant to Section 14.16.285 of the San Rafael Municipal Code.

2. Modification of Certain Approved Projects. Notwithstanding anything to the contrary in this section, for any project that, as of the effective date of this section, has received final city approval but has not yet commenced construction, the project applicant may apply to the city for a modification of the affordable housing requirements of the approved project where the modified affordable housing components of the project would be consistent with the requirements of this section and with the Guidelines for the Administration of the Affordable Housing Trust Fund, as adopted and amended from time to time by city council resolution. The request for modification shall be approved the decisionmaking body that approved the project.

3. Affordable Housing Units—Percentage Required. Residential development projects shall provide affordable housing units as described in the policies and procedures specified in the San Rafael City Council's Guidelines for the Administration of the Affordable Housing Trust Fund, as adopted, and amended from time to time by city council resolution, and any new residential development project shall comply with such policy.

C. Density Bonus and Incentives. Upon a separate application by an applicant for a residential development project of five (5) or more units that includes an eligible affordable housing project, including such residential development projects that include housing for transitional foster youth, qualified student housing, land donation, construction of a child care facility, or a qualified senior citizen housing development, shall be eligible for a density bonus, as well as an additional concession or incentive or waiver/reductions of development standards, consistent with the requirements of California Government Code Section 65915 and as set forth by resolution adopted by the city council from time to time.

D. General Requirements—Nonresidential Development Projects.

1. Application. An affordable housing requirement is hereby imposed on all developers of nonresidential development projects, including all construction of additional square footage to existing nonresidential developments and conversion of residential square footage to nonresidential use, subject to the following exceptions:
a. Any project involving new construction under five thousand (5,000) square feet; 4891-1508-9091 v1
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b. Residential components of a mixed-use project, which shall be subject to the requirements of subsection B of this section;
c. A mixed-use project where the number of affordable units equals or exceeds the housing required by subsection (I)(2) of this section for the gross square footage of nonresidential uses; d. Projects where a building permit application has been accepted as complete by the city prior to January 5, 2005; however, any extension or modification of such approval or permit after such date shall not be exempt;
e. Projects that are the subject of development agreements in effect prior to January 5, 2005 where such agreements specifically preclude the city from requiring compliance with this type of affordable housing program;
f. Any nonresidential building that is damaged or destroyed by fire or other natural catastrophe if the rebuilt square footage of the nonresidential portion of the building does not increase upon reconstruction;
g. Project for which no nexus can be established between the proposed nonresidential development and an increase in the demand for affordable housing.

2. Number of Affordable Units Required. Proposed nonresidential development projects shall provide twenty percent (20%) of the total number of residential units needed to provide housing for project employees in very low-, low- and moderate-income households, as set forth in Table 14.16.030-3 of this section. Any decimal fraction greater than 0.50 shall be interpreted as requiring one additional dwelling unit. For uses not listed in Table 14.16.030-3 of this section, the community development director shall determine the number of affordable units required based on comparable employment densities to uses listed. In making such a determination, the decision of the community development director shall be based on data concerning anticipated employee density for the proposed project submitted by the applicant, employment surveys or other research on similar uses submitted by the applicant or independent research, and/or such other data the director determines relevant.

Table 14.16.030-3
Number of New Very low, Low and Moderate
Income Units Required for
New Nonresidential Development
Development Type Number of New Very Low-, Low- and Moderate-Income Units (per 1,000 square feet of gross floor area1)
Office2 or Research and
Development uses

0.03 Retail, Restaurant or Personal
Service uses

0.0225
Manufacturing or Light Industrial
uses

0.01625
Warehouse uses 0.00875
Hotel or motel uses3 0.0075
;note; 1 ;hg;Floor area excludes all areas permanently used for vehicle parking. ;note;2 Includes professional, business and medical offices. ;note;3 Accessory uses to a hotel or motel, such as restaurant, retail and meeting facilities shall be subject to requirements for a retail use.
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3. Provision of Units or In-lieu Fee. Required affordable housing units shall be provided on the same site as the proposed nonresidential development, at an off-site location within the city, through dedication of suitable real property for the required housing to the city, or through payment of an in-lieu fee, at the discretion of the planning commission or the city council. The planning commission or city council may accept off-site units or an in-lieu fee if it is determined that inclusion of the required housing units within the proposed nonresidential development is not reasonable or appropriate, taking into consideration factors including, but not limited to, overall project character, density, location, size, accessibility to public transportation, and proximity to retail and service establishments; or where the nature of the surrounding land uses is incompatible with residential uses in terms of noise or other nuisances, health or safety hazards or concerns. Where the application of the affordable housing requirement in Section 14.16.030.B results in less than one (1) unit or one (1) or more affordable housing unit and a fractional unit, the applicant may choose to pay an in-lieu fee for the fractional unit without the required findings noted above. Affordable housing units provided as part of the proposed nonresidential development or at an off-site location shall meet the requirements of Section

14.16.030.B and I and shall be completed prior to or concurrent with the completion of construction of the proposed nonresidential development, as the conditions of project approval shall specify.

4. Calculation and Payment of In-lieu Fee. The amounts and calculation of the housing in-lieu fee shall be based on the following:

In-lieu fees shall be calculated as a percentage of the projected construction costs of the units.

Construction costs of the units shall mean the estimated cost per square foot of construction, site development and land costs and permits and fees, as established by standard construction cost indices and/or surveys of local development projects such fees shall be established by resolution of the city council, as amended from time to time. Unless otherwise preempted by law, or otherwise approved by the planning commission or city council, the in-lieu fee shall be paid prior to the issuance of a building permit for the proposed project.

E. Housing In-Lieu Fee Fund. The housing in-lieu fees shall be placed in a segregated citywide housing in-lieu fee account. The funds in the housing in-lieu fee account, along with any interest earnings accumulated thereon, shall be used solely to increase and expand the supply of housing affordable to very low-, low- and moderate-income households, including, but not limited to, the following:

1. Design and construction of housing affordable to households of very low, low- and moderate-income households, including costs associated with planning, administration and design;

2. Acquisition of property and property rights, including acquisition of existing housing units and the provision of long-term affordability covenants on those units;

3. Other actions that would increase the supply of housing affordable to very low, low- and moderateincome households;

4. Costs of program development and ongoing administration of the housing fund program;

5. Expenditures from the housing in-lieu fee fund shall be authorized solely by the city council and controlled and paid in accordance with general city budgetary policies.

F. Enforcement. The city attorney is authorized to abate violations and to enforce the provisions of this section and all implementing regulatory agreements and resale controls placed on affordable housing units, by civil action, injunctive relief, and/or other proceeding or method permitted by law. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. 1838 § 31, 2005; Ord. 1831 § 1 (part), 2004: Ord. 1749, 2000: Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 41, 42, 6-21-2010; Ord. No. 1990 , div. 1.3, 3-1-2021) 4891-1508-9091 v1
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14.16.040 Buildings over three stories.

Existing buildings with more than three (3) stories in height located outside the downtown mixed use (DMU) district, which were constructed or approved as of January 1, 1987 shall be considered conforming. These buildings include, but are not limited to, the following:

Table 14.16.040
BUILDINGS OVER THREE (3) STORIES
Address Building
4000 Civic Center Dr. Marin Executive Center
4040 Civic Center Dr. Northgate East
100—500 Deer Valley Smith Ranch Hills Retirement Home
535—565 Jacoby Marin Resource Recovery Center
100 McInnis Parkway Embassy Suites Hotel
99 Monticello Road Kaiser Medical Center
899 Northgate Quail Hill Office Building
1000 Northgate Macy's
1010 Northgate Four Points Sheraton Hotel
1050 Northgate Holiday Office Building
9000 Northgate Sears
1 Thorndale Villa Marin Retirement Residences
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 43, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 6.1), 8-16-2021)

14.16.045 Cannabis uses.

Specific medical cannabis uses are allowed by the Zoning Ordinance, as specified in the land use tables and as defined by the definition chapter, including and limited to cannabis testing/lab (both medicinal and recreational adult use), cannabis infused products (medicinal only), cannabis delivery (medicinal only) and cannabis distribution (medicinal only). All other medicinal or recreational medical cannabis uses, such as dispensaries, cultivation, and processing are prohibited.

The land use regulations contained pertaining to cannabis in this title do not apply to personal cultivation or use of cannabis. Personal cultivation and use of cannabis shall be subject to state law and any limitation imposed by state law.
(Ord. No. 1955 , (Exh. A, § 9), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) § 12, 11-19-2018)

14.16.050 Conservation areas—Development potential.

Open space/conservation areas identified on the general plan land use plan map shall be preserved through the development review process and have no development potential. Mapped boundaries of conservation areas are schematic and may be adjusted to a limited extent during development review. (Ord. 1625 § 1 (part), 1992).
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14.16.060 Conservation of dwelling units.

A. Legal dwelling units, existing or approved as of January 1, 1991, shall be considered conforming uses, except for such units in the marine, marine commercial, light industrial/office districts, and industrial districts, and for single-family units in downtown mixed-use districts. Notwithstanding any land use regulations or property development standards to the contrary contained in this title, such dwelling units may be replaced or rebuilt in their existing location, provided that the number of units and building size shall be no greater than that which existed on January 1, 1991, and the design is similar. An administrative design permit (Section 14.25.040(C)) is required for any design changes. Such design changes should improve the architectural design of the structure or site design of the development.

B. Nonconforming structures are subject to Section 14.16.270(C), Regulations Pertaining to a Nonconforming Structure.

C. As commercial space, live/work quarters are exempt from this section. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).

14.16.080 Creeks and other watercourses.

Improvements on a lot which is adjacent to, or contains, a creek, drainageway, or the San Rafael Canal shall be subject to the following provisions:

A. Setback, Creek. Creek setbacks shall be determined based on the setback criteria in subsection C below. These setbacks should include a twenty-five foot (25′) or greater setback between any structure and the high top of the creek bank. On lots two (2) or more acres in size, a twenty-five foot (25′) to one hundred foot (100′) setback between any structure and the high top of the creek bank shall be provided.

Illustration 14.16.080
B. Setback, Drainageway. Adequate setback from a drainageway shall be determined at the time of project review based on the setback criteria in subsection C below.

C. Setback Criteria. Adequate setback between creeks and/or drainageways and a structure shall be determined based on the following criteria:

1. The setback provides for adequate maintenance, emergency vehicle access, adequate debris flow avalanche corridors, flood control and protection from damage due to stream bank undercutting;

2. The setback adequately protects and preserves native riparian and wildlife habitat;

3. The setback protects major view corridors and provides for recreation opportunities where appropriate;

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D. Setback, San Rafael Canal. No new building or substantial reconstruction of an existing building should be located within twenty-five feet (25′) of the top of the bank or bulkhead along both sides of the San Rafael Canal between Highway 101 and the mouth of the canal. Upon adoption of a design plan for the San Rafael Canal, the design plan provisions shall control.

E. Development Guidelines. Pedestrian and bicycle access is encouraged along creek and drainageway corridors where feasible. However, they should be designed and located so as not to adversely affect important habitat areas. Creeks and drainageways should also be enhanced where feasible to serve as wildlife habitat as well as drainage facilities.

F. Fill. Any proposed fill in a creek, drainageway or in the San Rafael Canal shall be subject to the requirements of Section 14.13.040(G), Fill. A use permit for fill shall be required consistent with Sections 14.13.050 through 14.13.070.
(Ord. 1625 § 1 (part), 1992).

14.16.100 Development agreements.

Development agreements shall be governed by Resolution No. 6089, adopted April 20, 1981 by the city council, or as it may be subsequently amended, establishing procedures and requirements for the consideration of development agreements as provided for by state law.
(Ord. 1625 § 1 (part), 1992).

14.16.110 Drive-through facilities.

Drive-through facilities shall comply with the following standards:

A. Traffic and Circulation.

1. The drive-through stacking lanes shall be separated physically (i.e., by raised curb or landscape planter) from the parking lot, and shall comply with the following capacity standards:

Use Length of Stacking Lane(s)*
Financial Institutions 3—6 cars, depending upon volume
Fast Food Restaurants 8—12 cars, depending upon volume
Kiosks 2 cars
Other Determined on an individual basis
* Provide 20 feet per car length.

2. The drive-through stacking lane shall be situated so that any overflow parking from the stacking lane shall not spill out onto public streets or major circulation aisles of any parking lot. If the overflow is directed to the street, additional overflow capacity shall be eighty percent (80%) of required stacking.

3. Pedestrian crossings of the drive-through lane are discouraged.

4. Entrances and exits to drive-through facilities near high volume intersections shall be located so as to maximize the distances to the intersection.

5. Confusing on-site circulation shall be avoided. Entrances to and exits from drive-through facilities should be at least twenty feet (20′) from the property line. 4891-1508-9091 v1
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6. Parking spaces for drive-through special orders may be required.

B. Noise. Speakers at drive-through facilities shall not be audible from adjacent residential uses or disturbing to adjacent nonresidential uses. Sound attenuation walls or other mitigation measures shall be required as necessary.

C. Hours of Operation. Limited hours of operation shall be required where a drive-through facility could affect nearby residential uses.

D. Emission Control. Drive-through stacking lanes shall not be located adjacent to patios and other pedestrian use areas, other than walkways, and should be discouraged where adjacent nonresidential buildings are within thirty feet (30′) of the proposed lane. Drive-through stacking lanes shall not be located within fifty feet (50′) of any residential uses.

E. Design Review. All drive-through facilities are a minor physical improvement subject to the provisions of Chapter 14.25, Environmental and Design Review Permits. Generally, the drive-through facility shall be architecturally compatible with nearby structures, provide landscaping to buffer adjacent uses and provide adequate lighting which is shielded from adjacent properties. Trash receptacles adequate to control litter will also be required.
(Ord. 1625 § 1 (part), 1992).

14.16.115 Emergency shelters—Permanent.

A. Purpose. This section establishes standards for location and operation of a permanent emergency shelter for homeless populations in compliance with California Government Code Section 65583, including allowing shelters as a permitted use in some commercial and industrial district locations. This section is not applicable to temporary emergency shelters established by the city in response to an emergency event.

B. Applicability. Emergency shelters to provide temporary housing and assistance for families and individuals who are homeless shall be permitted as of right in the GC and LI/O districts generally bounded by Bellam Boulevard and I-580, consisting of those shaded parcels within this area, as shown on Map 14.16.115, and at other locations where conditionally permitted by the land use tables of this title. However, the total number of beds provided within the area shown on Map 14.16.115 shall only be permitted by right as necessary to meet the local housing need established by the General Plan 2020 Housing Element (reflecting regional housing needs assessment (RHNA) projections prepared by the Association of Bay Area Governments and based on the state housing and community development department needs assessment at the time of adoption of the most current housing element). A conditional use permit shall be required to provide additional facilities within this area in excess of the RHNA needs assessment identified in the General Plan 2020 Housing Element. All facilities shall be operated in compliance with the provisions herein.

Map 14.16.115
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C. Findings Required. Where a conditional use permit must be obtained to establish an emergency shelter pursuant to the land use tables of this title, findings shall be made with regard to the performance standards required herein in addition to the use permit findings required pursuant to Chapter 14.22.

D. Performance Standards. An emergency shelter shall meet the following development and performance standards:

1. On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

2. Adequate external lighting shall be provided for security purposes (i.e., one (1) foot-candle at all doors and entryways and one-half (½) foot-candle at walkways and parking lots). The lighting shall be stationary, directed away from adjacent properties and public right-of-ways, and of intensity compatible with the surrounding area.

3. The development may provide one (1) or more of the following specific common facilities for the exclusive use of the residents and staff:
a. Central cooking and dining room(s).
b. Recreation room.
c. Counseling center.
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d. Child care facilities.
e. Other support services.

4. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area, and consistent with the requirements of Section 14.18.040 (Parking Requirements).

5. A refuse storage area shall be provided that is completely enclosed with masonry walls not less than five feet (5') high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse enclosure shall be accessible to refuse collection vehicles.

6. The agency or organization operating the shelter shall comply with the following requirements:
a. Shelter shall be available to residents for no more than six (6) months. No individual or household may be denied emergency shelter because of an inability to pay. b. Staff and services shall be provided to assist residents to obtain permanent shelter and income. c. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

7. No emergency shelter shall be located within three hundred feet (300') of another emergency homeless shelter site; unless permitted through review and approval of a conditional use permit where it is determined the additional shelter location is appropriate and necessary to serve the intended population and would not result in an over-concentration in the community.

8. The facility shall be in, and shall maintain at all times, good standing with city and/or state licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.

9. The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall comply with the occupancy limit established by the building code. Additionally, the number of beds or clients permitted to be served may be further limited as required by conditional use permit.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.120 Exclusions to the maximum height requirement.

Flagpoles not exceeding a height of twenty-four feet (24′), aboveground utility distribution facilities including communications towers and public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in multifamily and nonresidential districts and architectural features such as screening for mechanical equipment, chimneys, steeples and cupolas are not included in height calculations. However, structures and architectural features which extend above the established building height limit may require an environmental and design review permit, pursuant to Chapter 14.25, Environmental and design review permits. (Ord. 1625 § 1 (part), 1992).
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14.16.130 Exclusions to the required minimum yards.

A. Architectural features projecting from a structure such as fireplaces, cornices, eaves and canopies may extend no more than two feet (2') into any required yard. Open and uncovered decks, landings and/or stairways may project up to three feet (3') into any required side or rear yard and up to six feet (6') into any required front yard.

B. These exclusions to required minimum yards may be combined with a setback exception granted pursuant to Section 14.24.020.B, provided that a minimum yard area is maintained in keeping with the character of the residential neighborhood.

C. Retaining walls four feet (4') or less in height measured from the top of the footing to the top of the wall and subterranean structures which are located entirely below both existing and finished grade are allowed anywhere within the required yards; except as otherwise regulated under Section 14.16.020 (Accessory Structures).

D. Elevated parking decks that are proposed to provided necessary driveway access, required guest parking, and/or access to necessary walkways serving a single-family residence on a steeply downsloping hillside lot (i.e., twenty-five percent (25%) or greater downslope from the street) may be permitted within the required front yard setback. See 14.25 for design review requirements. (Ord. 1838 § 34, 2005: Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 45, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.132 Exclusions to maximum lot coverage.

The following improvements are not counted as part of lot coverage: ground level landscaped areas, at grade walkways, at grade including steps, and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, paved parking areas covered by solar panel installations pursuant to Section 14.16.307, play and storage structures not requiring a building permit that are one hundred twenty (120) square feet or less in size and eight feet (8') or less in height, and structures that are located entirely below both existing and finished grade. (Ord. No. 1882, Exh. A, § 46, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.140 Fences and walls.

This section establishes regulations for the height, location and materials of fences, retaining walls and privacy walls. The regulations are intended to prevent fences or walls which are a detriment to the appearance and character of the community and to protect the public health, safety and welfare by assuring adequate sight distance is provided and maintained at street intersections and driveways. The provisions of this section do not apply to properties within the downtown mixed use district. For fence and wall regulations within the downtown mixed use district, refer to the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference.

A. Residential Districts. The following height limitations shall apply to the height of fences and walls in residential districts:

1. Permitted.
a. Front and Street Side Yard Areas. The following may be located within the required front and street side yard:
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i. Fences and retaining walls not exceeding four feet (4′) in height, may be located within the front or street side yard setback, provided that the fence or wall shall not conflict with the sight distance requirements of Section 14.16.295; ii. Minor decorative entryway treatments no taller than eight and one-half feet (8.5′) in height, such as a trellis arch or a lattice arch, are permitted within the front or street side yard, provided that there is no vehicular view obstruction (i.e., adequate sight distance shall be provided and maintained, pursuant to the provisions of Section 14.16.295).
b. Rear Yard and Interior Side Yard. The following may be located within the required rear yard and interior side yard:
i. Fences not exceeding seven feet (7′) in height may be located within the required rear yard or interior side yard;
ii. Retaining walls not exceeding a height of four feet (4′) in height may be located within the required rear yard and interior side yard.

2. With Required Planning Permits. The following may be permitted in residential districts with prior approval of design review (pursuant to Section 14.25.040.C.) and/or exception (pursuant to Chapter 14.24) as noted:
a. Retaining walls over four feet (4′) in height on hillside parcels (i.e., property that contains a slope of twenty-five percent (25%) or greater or designated -H Overlay) may be permitted with environmental and design review subject to design review board recommendation, if the community development director finds it necessary to minimize grading and/or tree removal impacts. Retaining walls located outside of required setbacks shall otherwise be reviewed subject to the regulations that apply to an accessory structure, in Section

14.16.020.
b. Fences exceeding seven feet (7′) in height up to nine feet (9′) in height may be located in the required interior side or rear yard where topography or difference in grade between adjoining sites warrants such increase, subject to administrative design review and exception.
c. Fences in the front yard or street side yard may be increased by a maximum of two feet (2′) to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot, subject to administrative design review and exception. d. Exception. An exception to the residential fence and walls height standards may be allowed as noted above, subject to the provisions of Chapter 14.24, Exceptions; Exceptions for height should include a landscape setback buffer between the fence or wall and the public right of way, in order to mitigate the impact of a taller fence or wall along the streetscape.

A minimum setback buffer of six inches (6″) should be provided for each one-foot (1′) of increased height.
e. Note: A building permit may be required for fences over seven feet (7′) in height and retaining walls over four feet (4′) or walls that support the adjacent hillside or property improvements, as determined by the building code.

B. Non-Residential Districts. An administrative environmental and design review permit shall be required for all non-residential fences over seven feet (7′) in height to ensure the fence conforms to the design and development standards of the underlying district, and is compatible with the immediate surrounding properties in the neighborhood. Where a property is located in a non-residential zoning district and is developed with, abutting, or surrounded by, a residential use, fence heights shall be the 4891-1508-9091 v1
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same as required for residential districts unless an alternate fence height can be justified through the administrative design review process.

C. All Districts. The following standards shall apply to all districts:

1. Measurement of Height. The height of a fence and/or or retaining wall and associated structural and/or decorative elements shall be the combined height measured vertically from finished ground level, as determined by the building or planning official, to the top of the structure at any given point (see illustration "Maximum Allowed Fence Height Measurement"). Except as follows:
a. Minor decorative entryway treatments are permitted in the setback as noted above (Section 14.16.140 A.1.ii).
b. Terraced fences and/or retaining walls that provide a landscaped horizontal separation of at least four feet (4′) may be measured separately at the base of each terrace.

Maximum Allowed Fence Height Measurement

2. Recreation Fences.
a. Fences for swimming pools are subject to the requirements of the building code. b. Fences for tennis courts shall not exceed maximum height limits established for accessory structures and shall in no case exceed a height of twelve feet (12′).

3. Sight Distance. Fencing, vegetation and retaining walls located near a driveway or street intersection shall not conflict with the vision triangle requirements established to assure adequate sight distance is maintained for vehicles and pedestrians, pursuant to the provisions of Section 14.16.295.

4. Prohibited Materials. In all districts, concertina wire, razor wire, broken glass on top of a fence, and electrified fences are prohibited. Barbed wire shall not be permitted where abutting residential uses. In residential districts, wire mesh, chain link and similar fences are prohibited within any yard which fronts a public street, right-of-way or waterway, except as may be required as an environmental mitigation measure.

5. Temporary Fences. Temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with the above regulations and must be immediately removed upon completion of the construction authorized by the building permit.

D. Replacement of Fences and Walls. An existing, nonconforming fence or wall in any district is subject to the following regulations:
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1. Ordinary maintenance and repairs may be made to a nonconforming fence as required to keep the fence or wall in sound condition.

2. Alterations and additions may be made to a nonconforming fence or wall, provided that such addition or alteration is consistent with these fence and wall provisions.

3. No nonconforming fence or landscape retaining wall shall be moved or replaced unless it conforms to these fence and wall provisions, except for certain residential fences as provided below.

4. An existing nonconforming residential fence or wall that is located in a front yard or street side yard may be replaced in the same location provided that:
a. The fence was previously permitted or authorized by the city, or existed on or before January 1, 1992. The property owner shall provide sufficient documentation including photographs, written testimony, etc. to verify the pre-existing condition. b. The replacement fence or wall may be rebuilt to its previously existing and documented height, subject to request and issuance of a zoning verification review letter by the planning division. However, in no case shall any replacement fence exceed a height of six feet (6′) within the required front or street side yard setback and shall be no taller than three feet (3′) within a required vision triangle (Section 14.16.140.B); c. The replacement fence or wall is consistent with the prevailing character of both sides of the street for the length of the block; and
d. All necessary permits shall be secured from the city (e.g., approval of a license agreement or encroachment permit if fence is located within the public right-of-way). (Ord. 1838 § 35, 2005; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 14, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A,

6.2), 8-16-2021))

14.16.150 Floor area ratios and densities applicable to nonresidential and mixed-use development.

A. 1. The intensity and density of development in nonresidential and mixed-use districts is identified by floor area ratio (FAR) and by the number of units allowed per one thousand (1,000) square feet of lot area for the location and zoning district in which a site is located. The FAR is the total building square footage (gross floor area) divided by the lot area excluding public streets. Total building square footage excludes parking areas or garages (covered and uncovered), residential components of a mixed use project, hotels, and non-leasable covered atriums. Floor area for permanent child care facilities in nonresidential structures may be excluded in the FAR, subject to the provisions of Chapter 14.22, Use Permits.

2. FAR limits in non-residential zoning districts are provided in the general plan land use element, except that for the downtown mixed use (DMU) district, intensity and development limitations are governed by the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. The maximum allowable FAR is not guaranteed and shall be determined by the following factors: site constraints, infrastructure capacity, hazardous conditions and design policies.

B. Mixed-Use Development.
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1. Commercial or Office with Residential. FAR limits apply only to the non-residential component of a development. The number of residential units allowed on a lot is based on the minimum lot area required per dwelling unit standard for the zoning district. For example, a ten thousand (10,000) square foot lot in the ⅔ MUW District (Max. FAR is 0.7 and density is one thousand (1,000) square feet of lot area per dwelling unit) could develop with up to the following mixed-use amount, subject to meeting other zoning standards related to height, parking and design:

Size of Lot FAR/ Density Development Potential
10,000 sq. ft. FAR 0.7 7,000 sq. ft. commercial (10,000 sq. ft. of lot area ×

0.7 FAR = 7,000 sq. ft.) and
Lot area/dwelling unit:
1,000 sq. ft.
10 units (10,000 sq. ft. of lot area/1,000 sq. ft. = 10 units)

2. Industrial/Office. In East San Rafael and Francisco Blvd. West, to equalize traffic generation, a sliding scale of 0.26—0.38 FAR is applied to construction of new industrial/office structures. For example, the industrial 0.38 FAR allows up to twenty-five percent (25%) office use; a higher percentage of office use requires a lower FAR, (see FAR maps below for more information).

C. Public and Quasi-Public Use FAR. Public and quasi-public structures have a 1.0 FAR. Except for public and quasi-public structures in residential districts where the 1.0 FAR may not be exceeded, public and quasipublic structures intended for a specific purpose which requires a FAR greater than 1.0 may be built to a higher FAR if the higher FAR is necessary for health or safety purposes, subject to the provisions of Chapter

14.22, Use Permits.

D. Transportation Use FAR. Transportation structures as part of a public or quasi-public use have a FAR of 1.0.

Transportation structures as part of a commercial use have a FAR of 0.32.

E. Water District. The FAR for the water district, consistent with the parks/open space zoning district, is 0.1.

Docks, piers and launching ramps are not included in FAR in the water district.

F. Commercial and Industrial Redevelopment. Any commercial or industrial building larger than the FAR limit may be redeveloped consistent with Section 14.16.270(C)(6), Regulations pertaining to a nonconforming structure.

G. Floor Area Ratio Limit Standards.

1. For properties within the Downtown Mixed Use (DMU) district, refer to the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference.
a. FARs may be transferred from one portion to another of a parcel split by FAR designations if the transfer results in a scale compatible with surrounding development, as permitted in Section

14.16.340, Transfer of density on-site.
b. A one-time increase in FAR up to ten percent (10%) of the building or seven hundred fifty (750) square feet, whichever is larger, shall be allowed for expansion of commercial and office structures if consistent with the provisions of this title, consistent with the provisions of Chapter

14.22, Use Permits. A traffic study may be required for a FAR increase for buildings on Fifth or Mission Avenues.

2. A higher FAR may be permitted at the intersection of Andersen Drive, Highway 101 and Francisco Blvd.

West, if the proposed development would substantially upgrade the area and include bulk and regionserving specialty retail and/or hotel uses, subject to a use permit (Chapter 14.22).

3. Mini-storage projects may be permitted up to 1.0 FAR by use permit if the planning commission finds:
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a. The facility is needed in the community;
b. The design of the project is compatible with surrounding uses; c. The project is designed so that it cannot be converted to other, more intensive uses; and d. The location is appropriate for this type of use.
(Ord. 1831 § 1 (part), 2004: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 47, 48, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 6.3, 6.4), 8-16-2021)

14.16.160 Fuel and service stations.

The regulations are intended to assure the compatibility of such uses with existing and planned uses in the surrounding area and to protect the public health, safety and welfare by assuring adequate numbers of fuel and service stations which afford equal access to the public, including the elderly, the handicapped and visitors in need of minor automobile repair through the provision of attended fuel pumps and mechanic's bays.

A. A use permit shall be required for any fuel service station permitted under the regulations of the zoning district in which it is located, including those which are to be:

1. Newly constructed;

2. Reopened after operations, including any required cleanup operations, have ceased for a period greater than nine (9) months;

3. Remodeled to include any of the following: nonautomotive retail sales other than those of an incidental nature not occupying an area open to the public greater than one hundred (100) square feet; a car wash; or, additional service islands or mechanic's bays; or

4. Converted from one (1) type of station to another so as to delete either or both of the following:
pump(s) labeled "full-service," "mini-service" or otherwise marked so as to indicate the availability of attendant assistance in pumping fuel; or mechanic's bay(s) in which emergency repairs by a mechanic are available.

B. Conditions of Approval. In approving a use permit for a fuel service station, the planning commission may impose reasonable conditions. Such conditions may include the required posting of signs informing motorists of the location of the nearest facility offering the services listed.

C. Findings. The planning commission may issue a use permit for a fuel service station if the following finding can be made: that the proposed fuel service station will not significantly adversely affect the public health, safety or welfare in terms of discrimination against individuals needing refueling assistance and the availability of minor emergency automobile repair services and public restrooms. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 49, 6-21-2010)

14.16.170 Geotechnical review.

Development applications require geotechnical reports consistent with the geotechnical matrix in the general plan appendices to assess such hazards as potential seismic hazards, liquefaction, landsliding, mudsliding, erosion, sedimentation and settlement and hazardous soils conditions to determine the optimum location for structures, to advise of special structural requirements and to evaluate the feasibility and desirability of a proposed facility in a specific location.
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(Ord. 1625 § 1 (part), 1992).

14.16.180 Hazardous soils conditions.

New development on lots filled prior to 1974 or on lots which were used for auto service uses, industrial uses or other land uses which may have involved hazardous materials shall be evaluated for the presence of toxic or hazardous materials prior to development approvals. The requirements for review are set forth in the geotechnical review matrix in the general plan.
(Ord. 1625 § 1 (part), 1992).

14.16.190 Height bonus.

A. Downtown Mixed Use District Height Bonuses. In the downtown mixed use district an applicant may request a height bonus as set forth below, instead of a request for a density bonus allowed by Section 14.16.030 and by city council resolution establishing density bonus regulations (resolution 14891). A height bonus requested under this section shall be granted by the planning commission through an environmental and design review in the following downtown zoning districts. No more than one height bonus may be granted for a project and these height bonuses shall not be in addition to waivers/concessions allowed by the city's density bonus regulations and policies. A height bonus specified by the Downtown San Rafael Precise Plan Form-Based Code shall be allowed for any of the following:

1. Affordable housing projects where all units are located on-site. The allowable height bonus shall be as follows:
a. Housing projects that restrict ten (10) percent of units to low income households are allowed a 10-foot height bonus for all areas in the downtown precise plan; b. Housing projects that restrict more than ten (10) percent of units to low income households are allowed a 20-foot height bonus in those areas identified as "Tier 2" areas in Figure 4.8 of the downtown precise plan.

2. Public courtyards, plazas and/or passageways that exceed the minimum requirements in the downtown form-based code that , with the recommendation of the design review board that the public improvements are consistent with Downtown San Rafael Precise Plan Form-Based Code

3. Public parking, providing it is not facing Fourth Street and it is consistent with the Downtown San Rafael Precise Plan Form-Based Code.

4. Mid-block passageways between Fourth Street and parking lots on Third Street that are , with the recommendation of the design review board that the design is attractive and safe.

5. Public passageways in the West End area, with the recommendation of the design review board that the public passageway that serves an important public purpose and is attractive and safe B. Lincoln Avenue Height Bonus. A twelve-foot (12′) height bonus may be granted for affordable housing on Lincoln Avenue outside of the Downtown Mixed Use zoning district, between Mission Avenue and Hammondale Ct., on lots greater than one hundred fifty (150′) in width and twenty thousand (20,000) square feet in size, consistent with Section 14.16.030 (Affordable housing).

C. Marin Square Height Bonus. A twenty-four-foot (24′) height bonus may be granted for affordable housing at the Marin Square and Gary Place properties, consistent with Section 14.16.030 (Affordable housing). 4891-1508-9091 v1
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D. North San Rafael Town Center Height Bonus. A twenty-four-foot (24′) height bonus may be granted for affordable housing in the North San Rafael Town Center, consistent with Section 14.16.030 (Affordable housing).

E. Hotel Height Bonus. A height bonus of twelve feet (12′) may be granted for a hotel provided the planning commission finds that the hotel will be a significant community benefit and the design is consistent with design review board recommendations.

F. Residential Development Height Bonus. A residential development project with one hundred (100) percent of the total units available to lower income households, and located within one-half (½) mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, shall be eligible for a height increase of up to thirty-three (33) feet. This bonus shall not be combined with any other height bonus listed above.
(Ord. 1831 § 1 (part), 2004: Ord. 1780 Exh. A, 2002; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1980 , § 2(Exh. A), 4-6-2020; Ord. No. 1990 , div. 4, 3-1-2021 Ord. No. 1996 , div. 2(Exh. A, 6.5), 8-16- 2021)

14.16.200 Hillside residential development standards.

On new residential structures, accessory structures, additions over five hundred (500) square feet in size and any modification that increases the height of the roofline on such structures which are located on lots with an average slope greater than twenty-five percent (25%) or which are in the hillside resource residential or hillside residential general plan land use districts, the standards of Chapter 14.12, Hillside Development Overlay District, apply.
(Ord. 1625 § 1 (part), 1992).

14.16.210 Historic preservation.

Alteration of a structure on a landmark site or in a historic district may be subject to a certificate of appropriateness and review by the planning commission, consistent with the requirements of Chapter 2.18, Historic Preservation, of the municipal code.
(Ord. 1838 § 36, 2005: Ord. 1625 § 1 (part), 1992).

14.16.220 Home occupations.

A. Purpose. This section establishes standards for home occupation businesses. In general, a home occupation is an accessory business use in a residence, so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence other than for a nameplate as permitted elsewhere in this section. The standards for home occupations in this section are intended to ensure compatibility with the residential character of the neighborhood, plus assure that home occupations 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 (1) or more persons, all of whom reside within the dwelling unit. The use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof or adversely affect the neighboring residences. When a use is a home occupation, it means the owner, lessee or other persons who have a legal right to the use of 4891-1508-9091 v1
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the dwelling unit also have the vested right to conduct the home occupation without securing special permission to do so.

C. Standards. Home occupations are permitted residential accessory uses in any zoning district which allows single-family, duplex or multiple-family residential uses provided that all of the following standards are met:

1. Such occupation(s) shall be conducted solely by resident occupants in their residence, except that a cottage food operation (as defined in the State of California, Health and Safety Code (HSC) 113758) shall be permitted to have no more than one (1) full-time equivalent employee, not including members of the household.

2. No more than twenty-five percent (25%) of the gross area of said residence shall be used for such purpose. An accessory structure shall not be used for home occupation purposes. Use of a recreational vehicle or garage for a home occupation is prohibited.

3. No use shall require internal or external alterations or involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure or the fire district in which the structure is located.

4. There shall be no outside storage of any kind related to the home occupation(s).

5. The home occupation(s) shall be operated to allow no more than one (1) client at a time on-site.

Appointments shall be scheduled at reasonable intervals to maintain a low-intensity use and avoid client waits. The home occupation(s) may increase vehicular traffic flow and parking by no more than one (1) additional vehicle at a time. One (1) vehicle, associated with the home occupation(s), may be kept on-site, within a designated parking area, and shall not exceed two and one-half (2½) gross tons in unladen vehicle weight provided that the business vehicle license number shall be indicated on the certificate of use and occupancy permit—home occupation or similar.

6. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

7. All home occupations shall be subject to all conditions which are applied in this Title 14 generally, such as off-street parking; and to all other permits required under the city code, such as building permits and business licenses.

D. Nameplate Allowed. Up to one (1) nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones—Realtor). It shall not exceed one (1) square foot in area, shall be nonilluminated, and attached flat to the main structure or visible through a window. The limitation to one (1) nameplate applies to all lots, including corner lots.

E. Examples of Uses that Frequently Qualify as Home Occupations. The following are typical examples of uses which often can be conducted within the limits of the restrictions established in this chapter and thereby qualify as home occupations. Uses which qualify as "home occupations" are not limited to those named in this paragraph (nor does the listing of a use in this paragraph automatically qualify it as a home occupation):
accountant, architect, artist, attorney-at-law, author, beautician/barber, computer repair, consultant, individual musical instrument instruction, individual swim lessons (no groups), tutoring, insurance, radio repair, realtor, seamstress/tailor, small appliance repair, television repair, and a cottage food operation, as defined in Section 113758 of the State of California Health and Safety Code, ( e.g., producing non-potentially hazardous foods in the kitchen of the residence for retail sale at or below sales limits established by the State of California, in compliance with all required environmental health permits and clearances, and with no more than one (1) full-time equivalent employee not including members of the household.). 4891-1508-9091 v1
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F. Uses that are Prohibited. The following uses by the nature of the business or operation have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations or cannot operate in compliance with applicable licensing requirements or the home occupation performance standards and thereby substantially impair the use and value of a residential area for residence purposes (e.g., the use would generate impacts on the surrounding neighborhood that are more frequent than that usually experienced in an average residential occupancy in the district under normal circumstances wherein no home occupation exists. This may include but not be limited to a home occupation that would generate traffic associated with the business outside of normal daytime business hours or on Sundays, or other impacts not typically associated with a home occupation use such as excess vehicle parking or storage of materials or equipment). Therefore the uses specified below, and any use determined by the community development director to be similar in its operations or potential impacts, shall not be permitted as home occupations:
a. Animal keeping for commercial purposes (such as commercial pet sitting, boarding or animal training); b. Auto repair, minor or major;
c. Auto sales;
d. Carpentry;
e. Dance instruction;
f. Dental or medical offices;
g. Painting of vehicles, trailers or boats;
h. Photo-developing or photo studios;
i. Private schools with organized classes;
j. Upholstering;
k. Fortunetelling.
l. Any cannabis related business (personal use and cultivation are permitted subject to limitations of state law);
m. Firearms dealer;
n. Taxi service, dispatch, or vehicle tow service.
(Ord. 1748 § 2, 2000; Ord. 1713 § 3, 1997; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 50, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, § 10), 3-19- 2018)

14.16.225 Kiosks—Temporary or permanent.

A. Applicability. Operation and establishment of a commercial kiosk at a fixed location on private property shall require submittal of an administrative use permit application, where such use may be conditionally permitted under the land use tables of this title. These provisions do not apply to a commercial peddler, vendor or itinerant merchant activity that is not proposing to operate from a fixed location on a commercial site; which are not permitted to operate on private property. See Chapter 10.48 for the regulations applying to a commercial peddler, vendor and itinerant merchant.

B. Standards.
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1. A permanent retail kiosk structure shall be subject to compliance with all site and use, parking and design review requirements of this title.

2. Food and beverage kiosks shall include a Marin County Health Department letter of approval.

3. A movable food and beverage small trailer or cart may be permitted to operate on a commercially developed site, where a kiosk use may be conditionally permitted by the land use tables of the underlying district, subject to the recommendation of the 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 (2) employees including the owner shall be permitted to operate the facility; except that an additional employee may be allowed, as needed, to provide traffic control. e. The food and beverage equipment shall be approved by the Marin County Health Department. f. The trailer or cart associated with the use shall be moved and stored in a permitted screened location on-site or at an approved off-site commissary location when the business is not in operation.
g. The use may be permitted to operate between the hours of 6 a.m. to 9 p.m. weekdays and 7 a.m. to 9 p.m. weekends, and subject to further restrictions on the hours of operation as deemed necessary to mitigate potential traffic or circulation impacts in the area. (Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.227 Light and glare.

Colors, materials and lighting shall be designed to avoid creating undue off-site light and glare impacts. New or amended building or site colors, materials and lighting shall comply with the following standards, subject to review and recommendation by the police department, public works department, and community development department:

A. Glossy finishes and reflective glass such as glazed or mirrored surfaces are discouraged, and prohibited where it would create an adverse impact on
pedestrian or automotive traffic or on adjacent structures; particularly within the downtown environs and in commercial, industrial and hillside areas.

B. Lighting fixtures shall be appropriately designed and/or shielded to conceal light sources from view offsite and avoid spillover onto adjacent properties.

C. The foot-candle intensity of lighting should be the minimum amount necessary to provide a sense of security at building entryways, walkways and parking lots. In general terms, acceptable lighting levels would provide one (1) foot-candle ground level overlap at doorways, one-half (½) foot-candle overlap at walkways and parking lots, and fall below one (1) foot-candle at the property line.

D. Lighting shall be reviewed for compatibility with on-site and off-sight light sources. This shall include review of lighting intensity, overlap and type of illumination (e.g., high-pressure sodium, LED, etc.). This 4891-1508-9091 v1
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may include a review by the city to assure that lighting installed on private property would not cause conflicts with public street lighting.

E. Installation of new lighting fixtures or changes in lighting intensity on mixed use and non-residential properties shall be subject to environmental and design review permit review as required by Chapter

14.25 (Design Review).

F. Maximum wattage of lamps shall be specified on the plans submitted for electrical permits.

G. All new lighting shall be subject to a 90-day post installation inspection to allow for adjustment and assure compliance with this section.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.230 Lot consolidation when development occurs.

Where a development project is constructed on more than one adjoining lot, the owner or owners of such lots must merge such lots into a single lot when the building is proposed to cross the property line of the adjoining lots. The lots shall be merged prior to issuance of a building permit. (Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).

14.16.240 Manufactured homes.

A. Purpose. In order to increase the supply of housing and variety of housing types available to the public, manufactured homes are permitted within all zoning districts which allow single-family dwellings, consistent with meeting certain standards.

B. Compatibility Standards. A manufactured home may be used for residential purposes in an R district if the planning director determines, prior to issuance of any building permit that the following standards are met:

1. The lot and structure meet all the property development standards and requirements of the district;

2. The home is to be used as the principal or accessory dwelling unit;

3. The home is attached to a permanent foundation system which conforms to state and local code requirements;

4. The home meets the standards set forth in the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.);

5. The roof and exterior siding and trim are of materials and treatment compatible with adjacent residential structures;

6. The roof overhang shall not be less than twelve inches (12"). This requirement may be modified where eaves of surrounding homes are less than twelve inches (12").

C. Other Requirements.

1. A manufactured home is also subject to any design requirements which would be required of a singlefamily home on the same lot.

2. A manufactured home in a nonresidential zoning district is subject to Section 14.17.130, Temporary uses.
(Ord. 1802 § 5, 2003: Ord. 1625 § 1 (part), 1992).
( Ord. No. 2002 , div. 10, 12-6-2021)
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14.16.243 Mechanical equipment screening.

Equipment placed on the rooftop of a building or in an exterior yard area shall be adequately screened from public view. See Chapter 14.16 for exclusions to maximum height requirements and Chapter 14.25 for design review requirements. For mechanical equipment screening requirements and standards applicable to properties within the downtown mixed use (DMU) district, refer to the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. (Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 6.6), 8-16-2021)

14.16.245 Ministerial "by-right" process for multi-family housing projects.

A residential housing development project that contains two (2) or more residential units located on one or more contiguous parcels may qualify for the state-mandated ministerial, "by-right" approval process. Pursuant to California Government Code Section 65913.4, the "by -right," ministerial process is applicable to qualifying residential development projects that are located near major transit. The availability of the "by-right" approval process is determined by the city's annual housing progress report to the state department of housing and community development. Qualifying residential projects must: a) comply with a list of objective planning standards; b) meet specific levels of affordable housing; and c) be subject to a commitment to specific hiring (skilled and trained workforce) and prevailing wage requirements. The applicability of and requirements for the "by-right" process shall be adopted by resolution of the city council. (Ord. No. 1964 , § 2(Exh. B) § 15, 11-19-2018)

14.16.250 Motor vehicle maintenance and storage in residential districts.

In any residential district, a person residing on a lot may service, repair or restore motor vehicles and store such vehicles, related equipment and parts, consistent with the following requirements:

A. The vehicle, part or item is owned by a person who resides on the same lot.

B. No more than two (2) vehicles may be worked on at one time.

C. Motor vehicle work shall be permitted only between the hours of nine a.m. (9:00 a.m.) and ten p.m. (10:00 p.m.).

D. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or sewer system.

E. Motor vehicle work and storage of cars being worked on shall be located within a garage or other paved parking area, provided that when the vehicle is not being worked on the vehicle and all parts and equipment shall be screened from off-site view.

F. Emergency motor vehicle work may be performed where otherwise prohibited by this section provided such activity shall not be conducted more than two (2) consecutive days.

G. Notwithstanding anything to the contrary herein, no such work shall be permitted which creates a nuisance as defined in Section 415 of the state Penal Code.

H. A person may store a vehicle(s) which cannot be legally, safely and mechanically operated upon a public highway provided that:

1. It is located within a garage or on a paved parking area and the vehicle is screened from off-site view; and
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2. On a single-family or duplex lot, the front yard paved parking area is a one (1) to two (2) car driveway plus a paved area no greater than twelve feet (12′) wide between the driveway and the nearest side property line. Paved parking areas may also be located in the rear or side yards; or

3. On a multifamily lot, the vehicle is located on a paved designated parking space(s). (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

14.16.260 Noise standards.

Any new development located in a "conditionally acceptable" or "normally unacceptable" noise exposure area, based on the land use compatibility chart standards in the general plan, shall require an acoustical analysis.

Noise mitigation features shall be incorporated where needed to assure consistency with general plan standards.

New construction is prohibited in noise exposure areas where the land use compatibility chart indicates the noise exposure is "clearly unacceptable."
A. Residential Development. The following standards apply to residential development:

1. Acoustical studies shall be required for all new residential development within projected sixty (60) dBA (Ldn) noise contours so that noise mitigation measures can be incorporated into project designs.

2. Usable outdoor area in low and medium density districts shall be sixty (60) dBA (Ldn) or less.

3. In high density and mixed use districts, residential interior standards shall be met and common, usable outdoor areas shall be designed to minimize noise impacts. Where possible, a sixty (60) dBA (Ldn) standard shall be applied to usable outdoor areas.

4. Interior noise standards for new single-family residential and residential health care development shall be forty (40) dBA (Ldn) for bedrooms and forty-five (45) dBA (Ldn) for other rooms. New hotels and motels shall meet a forty-five (45) dBA (Ldn) standard. For new multifamily development, hotels and motels, interior noise standards shall be described by State Administrative Code standards, Title 25, Part 2.

5. Noise standards shall be applied to multifamily remodeling requiring major environmental design review permits.

6. Post-construction monitoring and approval by an acoustical engineer shall be required in residential development near high noise sources to insure that city standards have been met.

B. Development Adjacent to Residential Areas. New nonresidential construction adjacent to residential areas shall not increase noise levels in a residential area by more than three (3) dBA (Ldn), or create noise impacts which would increase noise levels to more than sixty (60) dBA (Ldn) at the boundary of a residential area, whichever is the more restrictive standard. This standard may be waived by the planning director if, as determined by a noise analysis, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected.

C. Development Adjacent to Commercial, Downtown Mixed Use, Mixed Use and Industrial Districts. New nonresidential development shall not increase noise levels in a commercial area by more than five (5) dBA (Ldn), or create noise impacts which would increase noise levels to more than sixty-five (65) dBA (Ldn) for office, retail or mixed use districts, or seventy (70) dBA (Ldn) for industrial districts, at the property line of the noise receiving use, whichever is the more restrictive standard. This standard may be waived by the planning director if, as determined by a noise analysis, there are mitigating circumstances (such as higher existing noise levels), and no uses would be adversely affected. 4891-1508-9091 v1
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D. Traffic Noise Mitigation. A sixty-five (65) dBA (Ldn) level is considered an acceptable upper limit for existing residences constructed before July, 1988. Where exterior levels are sixty-five (65) dBA (Ldn) or greater at the face of a residential building, and traffic noise level increases of more than three (3) dBA (Ldn) affecting residential areas will be created by a program or development, reasonable noise mitigation measures shall be included in the program or development which is creating the increase. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 51, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 6.7), 8-16-2021)

14.16.270 Nonconforming structures and uses.

A. Purpose. Within the districts established by this title or amendments thereto, there exist structures, uses of land, and characteristics of use which were lawful prior to the adoption of or amendment to this title, but which fail, by reason of such adoption or amendment, to conform to the present requirements of the zoning district. It is the purpose of this title to:

1. Permit nonconforming structures to remain and to allow for their regular maintenance and repair, under the regulations herein contained;

2. Limit the number and extent of nonconforming structures by prohibiting their being moved, altered or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title, and by regulating their restoration after major damage;

3. Limit the number and extent of nonconforming uses by regulating their enlargement, their reestablishment after abandonment and their restoration after major damage of the structures they occupy.

B. Continuation of a Nonconforming Structure or Use. The lawful use of a structure or land, in existence and lawfully operating, although such structure or use does not conform to the regulations for the district in which it is located, may be continued provided that:

1. Such structure or use was legally in existence at the time of the passage of the ordinance codified in this title; or,

2. Such structure or use was legally in existence at the time of the adoption of any amendment to this title, but by such amendment such structure or use is not otherwise permitted; or,

3. Such structure or use was legally in existence at the time of annexation to the city, and has since been in regular and continuous use.

Change of ownership, tenancy or management of a nonconforming structure use shall not affect its status as a legal, nonconforming structure or use.

C. Regulations Pertaining to a Nonconforming Structure.

1. Ordinary maintenance and repairs may be made to a nonconforming structure as required to keep the structure in sound condition.

2. Alterations and additions may be made to a nonconforming structure provided that there shall be no increase in the discrepancy between existing conditions and the standards for the district.

3. No nonconforming structure shall be moved unless at its new location it conforms to the standards for the district.
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4. A nonconforming structure damaged or destroyed to the extent of seventy-five percent (75%) or less of the current market value may be repaired or replaced in its existing location, provided such restoration is started within a period of one (1) year and is diligently prosecuted to completion.

5. A nonconforming single-family residential structure damaged or destroyed to the extent of more than seventy-five percent (75%) of the current market value may be repaired or replaced provided a building permit is obtained for such restoration within a period of one (1) year, the restoration is diligently prosecuted to completion and the structure is made to conform to all regulations of the district in which it is located; or, to the original condition provided that the building size is no greater than that which existed and the design is similar. An administrative design permit is required for any design changes. Such design changes should improve the architectural design of the structure or site design of the development.

6. All other nonconforming structures damaged or destroyed to the extent of more than seventy-five percent (75%) of the current market value may be repaired or replaced provided a use permit is obtained for such restoration within a period of one (1) year, restoration is diligently prosecuted to completion and the structure is made to conform to all regulations of the district in which it is located; or, to the original condition provided that a use permit is issued by the planning commission after finding that:
a. The parking is consistent with Chapter 14.18, Parking Standards, and the design is compatible with the neighborhood in which it is located.
b. In the commercial, office, mixed-use or industrial districts, no intensification of use is proposed.

D. Regulations Pertaining to a Nonconforming Use.

1. All use permits which were valid at the time the ordinance codified in this title went into effect shall be valid and remain in force and effect for the terms and subject to the conditions contained therein.

2. A nonconforming use shall not be permitted to increase in intensity of operation. An increase in intensity shall include, but not be limited to, extended hours of operation, substantial remodeling or an increase in number of seats or service area for bars and restaurants.

3. The nonconforming use of a structure or portion of a structure shall not be expanded into any other portion of the structure. The nonconforming use of land shall not be expanded or extended in area nor changed except to a conforming use. Nonconforming uses inherently consumptive of land (e.g., quarries) may be expanded, to the extent permitted by permits and other regulations in effect at the time of use approval.

4. The nonconforming use of a structure may be changed to a use of the same or more restricted nature; provided, that a use permit shall first be obtained.

5. If the nonconforming use of a structure ceases for a continuous period of twelve (12) months, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located. Abandonment or discontinuance shall include cessation of a use for any reason, regardless of intent to resume the use.

6. If any structure which is occupied by a nonconforming use is hereafter removed, the subsequent use of land on which such structure was located and the subsequent location and use of any structure thereon shall be in conformity with the regulation specified by this title for the zoning district in which such land is located.

7. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.
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8. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of less than fifty percent (50%) of the current market value may be restored and the nonconforming use may be resumed; provided, that a diligent effort to rebuild has been demonstrated within six (6) months and restoration is diligently pursued to completion.

9. A structure occupied by a nonconforming use which is damaged or destroyed to the extent of fifty percent (50%) or more of the current market value may be restored (subject to the limitations of subsection C above) and the subsequent use of land on which the structure was located shall be in conformity with the regulations specified by this title for the zoning district in which such land is located.

10. Legal dwelling units, existing or approved as of January 1, 1991, shall be considered conforming uses, except for such units in the marine, light industrial/office districts, and industrial districts, and for single-family units in downtown mixed-use districts. These units are subject to the provisions of Section

14.16.060.

E. Determination of Value. Estimates for the purpose of determining the extent of damage or partial destruction shall be made by or shall be reviewed and approved by the planning director. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 52, 6-21-2010)

14.16.275 Amortization of nonconforming dwelling units.

A. With the exception of the dwelling units described in Section 14.16.060 (Conservation of dwelling units), any dwelling unit which becomes a nonconforming use on the effective date of Ordinance No. 1731, the ordinance codified in this section, shall be subject to an amortization period expiring one year from the effective date of such ordinance. At the end of such amortization period, any such dwelling unit shall become illegal, unless the owner has applied for and obtained any required land use permit in conformance with this title, or has applied for an extension of the amortization period as provided hereafter.

B. The community development department shall publish and post a written notice at least one hundred twenty (120) days prior to the expiration of the amortization period, advising any owners of such nonconforming dwelling units shall become illegal at the end of such amortization period unless the owners have applied for and not been denied any required land use permit for such units, or applied for an extension of the amortization period as provided hereafter.

C. The owner of any such nonconforming dwelling unit may file an application with the community development department for an extension of the amortization period. The application shall be made in writing in a form approved by the community development director, and shall be accompanied by the required processing fee. Any application shall be made prior to the expiration of the amortization period, unless the planning commission determines that good cause exists for the late filing of the application.

D. Within forty-five (45) days following receipt of a completed application for an extension of the amortization period, the planning commission shall hold a public hearing on the application, after giving notice to all property owners within three hundred feet (300′) of the property. The planning commission shall consider the evidence and testimony presented at the public hearing, and shall thereafter grant or deny an extension.

In rendering its decision, the planning commission shall determine whether the nonconforming dwelling unit has been provided with a reasonable amortization period commensurate with the investment involved. If the planning commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant for the extension to establish that the extension should be granted. 4891-1508-9091 v1
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E. In making its determination on the application for an extension, the planning commission shall consider the following factors:

1. The owner's investment in the dwelling unit improvements;

2. The present actual and depreciated value of the dwelling unit improvements;

3. The applicable Internal Revenue Service depreciation schedules;

4. The remaining useful life of the dwelling unit improvements;

5. Any remaining lease term for the dwelling unit;

6. The ability of the owner to make the dwelling unit a conforming use by permit under this title;

7. The secondary effects of the dwelling unit on the health, safety, and welfare of surrounding residential uses if the amortization period is extended;

8. Any other competent evidence relevant to the determination of a reasonable amortization period commensurate with the investment involved.

F. A copy of the planning commission's decision shall be sent by regular mail to the applicant.

G. Any interested person may appeal the planning commission's decision to the city council, within five (5) work days after the planning commission's decision, in conformance with the provisions of Chapter 14.28 of the Municipal Code.

H. The city council declares to be a public nuisance any lot where the nonconforming dwelling unit is operating and where the amortization period as a nonconforming use has expired, and (a) no permit required by this title has been obtained or (b) no application for an extension of the amortization period is on file or been granted.
(Ord. 1731 § 3, 1998).

14.16.277 Use of city sidewalks and rights-of-way for outdoor eating areas.

A. Notwithstanding any other provisions of this title, the use of city sidewalks or other city rights-of-way for outdoor eating areas is prohibited without a license agreement between the adjacent food service establishment and the city, which license agreement shall be in lieu of any environmental design review permit, use permit, administrative use permit, encroachment permit or other permit required for use of the city sidewalk or right-of-way for such purpose.

B. Such license agreements shall be in a form approved by the city attorney, and shall include the applicable standards provided in Section 14.17.110(C), indemnification of the city, and liability insurance naming the city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a form as approved by the city's risk manager.

C. Such license agreement also shall be subject to such regulations hereafter deemed necessary by the community development director to protect the public health, safety, and welfare, and as approved by resolution of the city council.

D. Such license agreements may be approved by the community development director and may be revoked at the pleasure of the city council.

E. The placement of outdoor seating area barriers shall allow a minimum six-foot (6′) wide clear pathway for sidewalks located within the public rights-of-way.
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F. In lieu of the aforementioned license agreement, the city council may enter into a lease agreement between the adjacent food service establishment at a rate and term to be determined by the city council, and as approved by resolution of the city council.
(Ord. 1751 § 6, 2000).

14.16.279 Relocation assistance for displaced residential rental unit tenants.

A. Purpose. The purpose of this chapter is to mitigate the impact of a development project or property improvement such as a renovation or rehabilitation, which results in the displacement of low-income household tenants of record from their residences, by requiring applicants or property owners to provide certain, limited relocation assistance to such tenants.

B. Applicability. The provisions of this section shall apply to any development project or property improvement that is subject to a planning permit or approval required by this title and a building or a demolition permit that will result in the displacement of low-income, residential unit tenants of record. A tenant of record is a tenant that appears on a valid lease or rental agreement for the residential unit being vacated. This section is not applicable to:

1. Any development project that is subject to a legal requirement for the provision of relocation assistance under any provision of federal or state law;

2. Tenant displacement from a dwelling unit that the city has determined to be illegal and which is ordered abated by action of the city; and

3. A tenant of record that is displaced for unit renovation and is temporarily relocated by the property owner to another residential unit that is located either on the subject property or off-site, with the intent and goal of returning to the renovated apartment unit, or to another unit on-site, which has a comparable bedroom count.

The provisions of this section may be imposed as a condition of any planning permit or required prior to the issuance of a building permit or demolition permit.

C. Required Notice to Tenant of Record. The property owner proposing the development project or property improvement that will result in displacement of a tenant from a residential unit shall give any tenant of record proposed to be displaced a written notice at least sixty (60) days in advance of the date the tenant of record shall be required to vacate the real property. The notice shall comply with the following:

1. The notice shall be delivered to the tenant of record in person or by first class certified mail. The notice shall specify the date on which the real property is to be vacated, and shall include the following statement:
"The City of San Rafael requires property owners to provide certain assistance to low-income tenants of record who are forced to permanently move or relocate because of planned property development, property improvements and/or residential unit renovation. You are eligible to receive this assistance if you can demonstrate that your household qualifies as low-income, as defined in the attached income schedule published by the Marin County Housing Authority. To qualify for relocation assistance you must complete, sign and return the attached income verification form confirming that you meet the income limits for a lowincome household. You must return this income verification form to the property owner no later than two weeks following the date you receive this notice."

2. The notice shall include the most current Marin County median family income schedule published by the Marin County Housing Authority, specifying the range of household size and the maximum, annual household income for each household size to qualify as low-income. 4891-1508-9091 v1
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3. The notice shall include an income certification form or affidavit to be completed and submitted by the tenant of record. To verify annual household income, the property owner may request that the tenant of record submit additional supporting documentation such as a copy of the latest, filed, income tax return.

4. Simultaneous to tenant notification, a copy of the notice and list of tenants of record receiving the notice shall be filed with or delivered, via certified mail, to the community development department.

D. Relocation Payment to Tenant of Record. No later than thirty (30) days prior to the date the tenant of record is displaced, the property owner shall provide the following to each displaced tenant of record who demonstrates that his or her household qualifies as a low-income household:

1. A referral to the Marin Housing Assist Line to obtain a list of low-income rental housing units available in the area; and

2. Cash in a sum equal to two (2) times the then current monthly rental of the residential unit being vacated. In lieu of cash, the tenant of record can request an in-kind payment to the provider(s) of the alternative housing for the tenant of record. The property owner is required to make one (1) relocation assistant payment only to the tenant of record for every residential unit that is vacated on the real property. If the residential unit being vacated is occupied by more than one (1) tenant of record that qualifies as a low-income household, the payment shall be prorated based on the number of qualified tenants of record in the household.

Following relocation payment, the property owner shall file or deliver, via certified mail, to the community development department, a list of tenants of record receiving relocation payment.

E. Additional Requirements for Development Projects or Property Improvements involving Multiple Buildings, Phased Construction and/or Phased Vacation of Residential Units for Renovation. For projects involving residential unit renovation that results in phased improvements and/or phased tenant displacement, the following shall be prepared and submitted to the community development department in conjunction with the review and processing of a planning permit, or prior to the issuance of a building permit or grading permit:

1. A resident relocation plan. The resident relocation plan shall include:
a. A projected construction schedule and expected dates for unit vacation and tenant displacement; b. Information regarding projected rents, timing and availability for renovated apartments; c. Information regarding on-site, temporary relocation options for tenants, if applicable; and d. A list of property addresses for apartment complexes in the general area of the site that may have available rental units.

2. Verification that an escrow account has been opened and is active for payment of relocation assistance pursuant to Section 14.16.279D, above.

F. Revocation of Permits. Failure to comply with any provision of this section shall be grounds for revocation of any permit or other approval issued by the city in relation to the development project, subject to the procedures established by this code for revocation of the permit or other approval in question. (Ord. 1838 § 37, 2005).
(Ord. No. 1882, Exh. A, § 53, 6-21-2010)
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14.16.280 Satellite dishes in residential districts.

The intent of these regulations is to locate satellite dishes where they are least visible from public rights-ofway in the vicinity, while not burdening adjacent property owners with adverse visual impacts. The intent is not to impose unreasonable limitations on reception, although the city recognizes that to ensure aesthetic values, perfect and/or unlimited reception may not be possible. To ensure that satellite dishes do not have an adverse impact on the public safety and aesthetic values in the city's residential neighborhoods, installation of satellite dishes in excess of forty inches (40") in diameter shall meet the following standards.

A. Only one satellite dish is permitted on a lot.

B. Location in any required yard adjacent to a street is prohibited unless the dish is not visible from the street.

C. The satellite dish shall meet the setback and height requirements for accessory structures, except that any satellite dish which is higher than eight feet (8′) shall meet the setback requirements for the district.

D. The satellite dish shall be mounted on the ground.

E. The satellite dish shall be screened from view from a public or private street.

F. The satellite dish shall be finished in a color to blend in with the immediate surroundings.

Requests for modifications from the above standards will be referred to the planning commission for review and determination.
(Ord. 1838 § 38, 2005: Ord. 1625 § 1 (part), 1992).

14.16.282 SB 9 Housing Developments.

A. Purpose. The purpose of this section is to provide procedures and development standards for the establishment of SB 9 Housing Developments pursuant to Government Code Section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to be necessary for the preservation of the public health, safety and general welfare, and for the promotion of orderly growth and development.

B. Filing, Processing and Action.

1. Ministerial Review. An SB 9 Housing Development shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all provisions of this chapter. Review shall be done through submittal of a building permit application.

2. The city shall act on an application for an SB 9 Housing Development within sixty (60) days of receipt of a complete application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay. The city has acted on the application if it:
a. Approves or denies the building permit for the SB 9 Development; or b. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter or other applicable laws and regulations.

3. Adverse Impact Upon Health and Safety. A proposed SB 9 Housing Development shall be denied if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed SB 9 Housing Development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 4891-1508-9091 v1
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4. Limitations on Approval. A proposed SB 9 Housing Development shall not be eligible for approval pursuant to this chapter if any of the following circumstances apply:
a. The SB 9 Housing Development would require demolition or alteration of "protected housing." Protected housing includes:

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that is subject to rent control through valid local rent control provisions.

Housing that has been occupied by a tenant in the last three (3) years. b. The SB 9 Housing Development would be located on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within fifteen (15) years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
c. The SB 9 Housing Development would be located within a historic district, would be included on the State Historic Resources Inventory, or would be within a site that is legally designated or listed as a city or county landmark or historic property or district. d. The SB 9 Housing Development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code, unless requirements therein are met.

C. Development Standards. The following objective development standards shall apply to SB 9 Housing Developments. In addition to these standards, all provisions of the California Building Code shall apply to SB 9 Housing Developments.

1. General Standards.
a. SB 9 Housing Developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to allow separate conveyance. b. SB 9 Housing Developments shall be permitted in all single-family residential zones including R2a, R1a, R20, R10, R7.5, and R5.
c. Short Term Rentals Prohibited. The rental of any unit in an SB 9 Housing Development shall be for a term of longer than thirty (30) days.
d. Utility Connections. Each primary unit in an SB 9 Housing Development shall be served by separate water, sewer and electrical utility connections which connect each unit directly to the utility.
e. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall be permitted as set forth in Section 14.16.285—Accessory Dwelling Units on parcels not created through an urban lot split (Chapter 15.155).
f. On parcels created through an urban lot split (Chapter 15.155) that also contain an SB 9 Housing Development, accessory dwelling units (ADUs) shall be permitted as set forth below:
i. An SB 9 Housing Development proposing one (1) primary dwelling unit shall be permitted either one (1) ADU or one (1) JADU as set forth in Section 14.16.285—Accessory Dwelling Units on the parcel. All other provisions and development standards of Section 14.16.285 shall apply.
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ii. An SB 9 Housing Development proposing a total of two (2) primary dwelling units (where either of the two (2) primary dwelling units are existing or proposed) shall not be permitted any ADU/JADU on the same parcel.
iii. A single-family home with an ADU and JADU that was issued a building permit prior to July 18, 2022, shall not otherwise preclude an applicant from developing two (2) dwelling units pursuant to the provisions of this section on a vacant lot created through an urban lot split (Chapter 15.155).
iv. The rental of any ADU/JADU shall be for a term of longer than thirty (30) days. This applies retroactively to any existing ADU/JADU on a parcel that subsequently utilizes the provisions of an SB 9 Development or an urban lot split (Chapter 15.155).

2. Objective Development Standards. All applicable objective development standards set forth in Title 14—Zoning of the San Rafael Municipal Code apply to an SB 9 Housing Development. However, where the following standards conflict or are inconsistent with objective development standards in Title 14, the following standards shall prevail:
a. Four-foot rear and side yard setbacks are required.
b. Sixteen-foot height limit for portions of new development located outside the minimum rear and side yard setbacks of the parcel's zoning district. This height limit shall not be imposed for an SB 9 Housing Development constructed in the same location and to the same dimensions as an existing structure.
c. One (1) off-street parking space is required per dwelling. No parking shall be required if:
i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code; or ii. There is a designated area where a car share vehicle may be accessed within one (1) block of the parcel.

3. Exceptions to Development Standards.
a. Notwithstanding subsection 2 of this section, all development standards shall be subject to the following exceptions:
i. Any standards that would have the effect of physically precluding the construction of two (2) units of at least eight hundred (800) square feet shall not be imposed. ii. Election of development standards. If necessary, objective zoning, subdivision, or design standards will be set aside in the following order until the site can contain two (2), eight hundred-square-foot units:
a) Natural state (where applicable) or lot coverage, whichever is more restrictive on the subject parcel;
b) Natural state (where applicable) or lot coverage, whichever is less restrictive on the subject parcel;
c) Front setbacks;
d) Second floor area limitations;
iii. No setback shall be imposed for an SB 9 Housing Development constructed in the same location and to the same dimensions as an existing structure. 4891-1508-9091 v1
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b. SB 9 Housing Developments are not eligible for any additional exceptions, variances, or other deviations from the objective development standards.
( Ord. No. 2013 , § 2, 8-1-2022)

14.16.285 Accessory dwelling units (ADUs).

A. Purpose. The purposes of the ADU regulations are to:

1. Implement policies of the housing element of the San Rafael general plan encouraging the provision of accessory dwelling units as a source of affordable housing;

2. Establish a streamlined process for reviewing applications for ADUs;

3. Establish a list of development standards for ADUs; and

4. Comply with provisions of state law as they relate to the development of ADUs; B. Applicability. An ADU as defined in Chapter 14.03 is permitted in any zoning district that allows the development of single-family or multifamily dwelling residential uses. ADUs may be permitted on any lot with a legal nonconforming residential structure. See exceptions in Section 14.16.282.C.1.f for limitations on parcels created by an urban lot split (Chapter 15.155). The following are the four (4) types of accessory dwelling units permitted within the city:

1. Attached ADU. An accessory dwelling unit that shares at least one (1) common wall with an existing primary dwelling and is not fully contained within the existing space of the primary dwelling or an accessory structure. An attached ADU also includes an ADU which is proposed to be constructed concurrently with a proposed primary dwelling unit and which is attached to or constructed within said primary dwelling unit.

2. Detached ADU. An accessory dwelling unit that does not share a common wall with the existing or proposed primary dwelling and is not fully contained within the existing space of an accessory structure.

3. Internal ADU. An accessory dwelling unit that is fully contained within the existing space of an existing primary dwelling or contained within the existing space of an existing accessory structure.

4. Junior accessory dwelling unit ("JADU"). As defined in section 14.03.030 "definitions." C. Ministerial Review. A proposed ADU or JADU that complies with the following development standards (subsections C.1 and C.2.), objective design standards (subsection C.3) and general standards (subsection C.1.d), shall be approved ministerially within the time frames established by subsection D of this section, and shall only be subject to issuance of a building permit. No discretionary review or public hearing shall be required.

1. Except as permitted by subsection E of this section, development standards applicable to all accessory dwelling units shall be as set forth in Table 14.16.285:

Table 14.16.285
Attached
ADU
Detached
ADU
Internal
Conversion
ADU
JADU* NOTES
Minimum Floor Area 150 square
feet
150 square
feet
150 square
feet
150 square
feet
Maximum Floor Area 1,000 sq. ft.
or 50% of the
1,000 square
feet
N/A 500 square
Feet
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floor area of
an existing
primary
dwelling unit,
whichever is
less
Lot Coverage Limits None None None None
Setbacks (Minimum)
Front Same as
primary
dwelling
Same as
primary
dwelling

N/A N/A
Side 4 feet 4 feet N/A N/A (A)
Rear 4 feet 4 feet N/A N/A (A)
Front Entry 10 feet from
any right-ofway
10 feet from
any right-ofway

N/A N/A
Maximum Height 16 feet 16 feet N/A N/A (B), (C)
Parking 1 space 1 space None None (D)
Separate independent
entrance required?
Yes Yes Yes Yes
Interior access allowed? No No No Yes
Separate sanitary facility
required
Yes Yes Yes No (E)
Kitchen required Yes Yes Yes Yes (F)
;note; * See subsection C.2 for additional requirements for junior accessory dwelling units (A) Decks, balconies and platforms greater than twelve (12″) attached to or associated with a detached or attached accessory dwelling unit shall be located at least four feet (4′)from a rear or side property line. (B) Height measurement shall be as defined by SRMC Section 14.03.030 except as follows:

1. Height measurement shall exclude flagpoles not exceeding a height of twenty-four feet (24′), aboveground utility distribution facilities including communications towers and public water tanks, windmills, monuments, mechanical appurtenances, satellite dishes in multifamily and nonresidential districts and architectural features such as screening for mechanical equipment, chimneys, steeples and cupolas.
(C) EA-overlay district exception to height standard: See Section 14.16.285.C.3.b. for exception to height standard in Eichler-Alliance Overlay District.
(D) Parking see parking subsection C.5. for exclusions to the parking requirements. (E) A JADU may include separate sanitary facilities or share sanitary facilities with the primary residence. (F) A JADU shall include a kitchen as defined in SRMC Chapter 12.255 "California Residential Code Amendments".

2. JADU Additional Standards. In addition to the development standards in Table 14.16.285 and objective design standards in section C.3, a JADU shall comply with all provisions of this subsection unless expressly indicated otherwise:
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a. Maximum Number per Lot. Not more than one (1) JADU shall be permitted per legal lot. b. Rental. A JADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling.
c. Owner-occupancy shall be required in the single-family residence in which the JADU will be permitted. The owner may reside in either the remaining portion of the structure or the newly created JADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
d. A deed restriction shall be recorded, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(1) A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a provision that the deed restriction may be enforced against future purchasers. (2) A restriction on the size and attributes of the JADU that conforms with this subsection.

3. Objective Design Standards. Except as provided in subsection E of this section (units subject to limited standards), an ADU shall comply with the following design standards:
a. Foundation. An accessory dwelling unit shall be constructed on a permanent foundation. b. In Eichler Alliance (EA) district, an ADU shall not exceed the height of the existing residence or a maximum height of seventeen (17) feet, whichever is less.

4. General Standards. Except as provided in subsection E of this section (units subject to limited standards), an ADU shall comply with the following general standards:
a. Maximum Number per Lot. Not more than one (1) ADU shall be permitted per legal lot. b. Rental. An ADU may be rented but shall not be sold or otherwise conveyed separately from the primary dwelling, except as provided in California Government Code Section 65852.26, as that section may be amended.

5. Parking.
a. One (1) parking space shall be provided per ADU except where the proposed ADU meets any criteria of subsection b. of this subsection. This parking space may be permitted anywhere on the lot, may be tandem parking on a driveway, and may be covered or uncovered. b. No parking shall be required for the following:
(1) The ADU is located within one-half (½) mile walking distance of public transit as defined in Government Code 65852.2(j)(9), as that section may be amended, at the time the application is filed with the community development department. (2) The ADU is located within an architecturally and historically significant historic district. (3) The ADU is part of the proposed or existing primary residence or an existing accessory structure.
(4) When on-street parking permits are required but not offered to the occupant of the ADU. (5) When there is a car share vehicle located within one (1) block of the ADU at the time the application is filed with the department.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the constructions of an ADU or converted to an ADU, those off-street parking spaces need not be replaced.
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6. Nonconforming Conditions. The city shall not require, as a condition for approval of an ADU application, the correction of nonconforming zoning conditions.

7. Building Code and Housing Code. A new or expanded ADU shall comply with the Uniform Building Code and Uniform Housing Code in addition to the requirements of this section.

D. Timeline for Review

1. The city shall act on the ADU application within sixty (60) days from the date the city receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

2. If the ADU application is submitted together with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the ADU permit application until the city acts on the permit application to create the new single-family dwelling.

3. When Dependent on Separate Construction. When a proposed attached ADU or detached ADU is dependent on the construction of a new building or new portion of a building that is not a part of the ADU ("separate construction"), the city shall either:
a. Accept and begin processing the ADU application only after acting on an application for the proposed separate construction; or
b. Upon written request from the applicant, review and act on the ADU together with the separate construction as part of a single application. In this case the ADU is subject to the same review procedures and requirements as the separate construction.

4. If the applicant requests a delay in the processing of an ADU application, the 60-day time period set forth in subsection D.1 of this section shall be tolled for the period of the delay.

5. The city shall be deemed to have acted on the application if the city:
a. Approves a building permit for the ADU; or
b. Denies a building permit for the ADU; or
c. Determines that the ADU does not qualify for ministerial approval.

E. Units Subject to Limited Standards. Without regard to subsections C.1 and C.2 (Development Standards), subsection C.3 (Objective Design Standards) and subsection C.4 (General Standards) of this section, the city shall ministerially approve an application for a building permit within a residential or mixed-use district to create any of the four (4) types of ADUs described below. The below categories of ADUs shall not be combined (only one (1) of the four (4) categories of ADUs shall be approved pursuant to this section, per lot).

For each type of ADU, the city shall require compliance only with the standards in this subsection:

1. Internal ADU. One (1) ADU and one (1) JADU as follows:
a. The ADU and JADU are within the proposed space of a single-family dwelling or existing space of a single-family dwelling or existing accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the definition in section 14.03.030 of this code and the requirements of subsection C of this section.
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2. New Construction. One (1) detached or one (1) attached, new construction ADU per lot with an existing single-family dwelling. The ADU may be combined with a JADU as defined in section 14.03.030 (Junior accessory dwelling units) and described in subsection C of this section (JADU). The ADU must comply with the following:
a. Maximum floor area: Eight hundred (800) square feet. b. Maximum height: Sixteen (16) feet.
c. Minimum rear and side setbacks: Four (4) feet.

3. Conversion of Non-Livable Multifamily Space. Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:
a. At least one (1) ADU is allowed within an existing multifamily dwelling up to a maximum of twenty-five percent (25%) of the existing multifamily dwelling units; and b. Each ADU shall comply with building code standards for dwellings.

4. Detached ADUs on a Multifamily Lot. Not more than two (2) ADUs that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to the following:
a. Maximum height: Sixteen (16) feet
b. Minimum rear and side setbacks: Four (4) feet.

5. An ADU permitted under this subsection E shall not be rented for less than thirty (30) days. (Ord. 1838 § 39, 2005; Ord. 1802 § 1, 2003).
(Ord. No. 1882, Exh. A, §§ 54—56, 6-21-2010; Ord. No. 2002 , div. 11, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)

14.16.286 Reserved.

Ord. No. 2002 , div. 12, adopted December 6, 2021, repealed § 14.16.286, which pertained to junior second units and derived from Ord. No. 1937 , § 2, January 19, 2016.

14.16.290 Shoreline embankments.

Rock rip rap, or clean, sized concrete with rock rip rap facing shall be used on the outside face of levees facing the bay whenever levee improvements are required. (Ord. 1625 § 1 (part), 1992).

14.16.295 Sight distance.

A. Fencing, vegetation and improvements shall be established and maintained only in a manner that does not reduce visibility for the safe ingress and egress of vehicles or pedestrians within a required vision triangle, e.g., fifteen feet (15′) from the curb return at any intersection or driveway, or as determined by the director of public works. In general, fencing and improvements or vegetation located within the established vision triangle (as determined below) shall not exceed a height of three feet (3′) as measured above the adjacent street pavement. The vision triangle shall be kept free of any visual obstruction between a height of three feet (3′) to eight feet (8′ ) above the street grade elevation. 4891-1508-9091 v1
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The typical vision triangle area shall be determined as follows:

Illustration 14.16.295
B. For locations that have obstructions due to unique site constraints or topography, the vision triangle shall be determined by the director of public works.

C. The provisions of this section are not applicable to properties within the downtown mixed use (DMU) district. For sight distance provisions and standards in the downtown mixed use district, see the Downtown San Rafael Precise Plan Form-Based Code which is adopted by separate ordinance and incorporated herein by reference.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 6.7), 8-16-2021)

14.16.300 Small lots.

Development of small lots shall be permitted in accordance with all the requirements of the district. Such development shall be considered conforming with the following additional limits in residential districts:

A. No small lot shall be further reduced in area or width, except as required for public improvements.

B. Small lots which are contiguously owned are subject to the merger provisions of the State Subdivision Map Act.

C. This section does not apply to the PD district.
(Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992). ( Ord. No. 1990 , div. 1.5, 3-1-2021)

14.16.305 Small wind energy systems.

A. Purpose. This section establishes standards to regulate the design and placement of small wind energy systems on public and private property to minimize the potential safety and aesthetic impacts on neighboring property owners and the community.

B. Applicability. Standards for small wind energy systems shall apply in all residential, commercial & office, industrial, planned development, marine, and public/quasi-public zoning districts. Small wind energy systems shall not be permitted in the parks/open space and water zoning districts.

C. Development Standards.
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1. Height. Tower height of freestanding small wind energy system shall not exceed the maximum height limit above grade established for principal structures in the applicable zoning district, except as may be allowed through design review and consistent with the provisions of Section 14.16.120. The tower height shall not include the wind turbine itself, except as noted in Section 14.16.305,C.2. below to determine appropriate setbacks.

2. Setbacks. Small wind energy systems shall be located a minimum distance from all property lines equal to one-half (½) of the total extended height of the unit above grade or the roof mounting point. The total extended height shall include the distance above grade to a blade tip of a wind turbine at its highest point of travel. Small wind energy systems may not be located in a front or side yard setback area.

3. Noise. Small wind energy systems shall operate within the noise limitations established in Section

14.16.320 and Chapter 8.13 of the Municipal Code, except that these limits may be exceeded during severe wind storms.

4. Access. If a climbing apparatus is present on the tower within twelve feet (12') of grade, access to the tower shall be controlled by one (1) of the following means:
a. Removal of climbing pegs or rungs within twelve feet (12') of grade, b. Installation of a locked anti-climb device on the tower, c. Installation of a locked, protective fence at least six feet (6') in height that encloses the tower; or d. Other means of security deemed comparable by the building official.

5. Minimum Clearance. A minimum clearance of at least twelve feet (12') shall be maintained from the ground level surface elevation to the blade tip of a wind turbine at its lowest point of travel.

6. Lighting. No illumination of the turbine or the tower shall be allowed, except where required by the Federal Aviation Administration.

7. Signage. No signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification shall be allowed on a small wind energy system.

8. Reserved.

9. Requirement for Engineered Drawings. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure and stamped engineered drawings of the tower, base, footings, and/or foundation as 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.
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 16, 11-19-2018)

14.16.307 Solar installations.

A. Solar installations on developed properties. As provided under federal law, installation of solar panels on the roof of permitted structures and paved parking areas or on the grounds of developed property that are intended to offset the energy demand of the use of the property and in compliance with all applicable zoning district development standards shall be permitted by right, subject to issuance of a building permit and ministerial review for compliance with the following standards:

1. An environmental and design permit shall not be required for a solar installation proposed on a developed property, consistent with these provisions and Section 14.25.040.D.4. 4891-1508-9091 v1
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2. A solar installation shall include all associated equipment, such as an inverter required to convert power from direct current "DC" to alternating current "AC" and connections made between the site and power grid equipment. Associated equipment does not include a substation.

3. The solar installation shall not be placed within any required front or exterior side yard setback or within a required landscape area. Further, the solar installation shall not require removal of any required landscaping improvements or native vegetation that is within a required natural state area established pursuant to the Hillside Overlay District regulations of Chapter 14.12. Landscaping modifications may require design review approval, pursuant to Chapter 14.25.

4. Consistent with state law (Ca Civil Code Section 714.1 - Solar Rights Act, amended 2004), private covenants, conditions and restrictions (CC&R's) cannot prohibit installation of solar equipment on buildings.

5. The city may impose reasonable restrictions that do not significantly increase cost of systems for solar heating more than twenty percent (20%) or photo-voltaic more than two thousand dollars ($2,000.00), or decrease efficiency more than twenty percent (20%).

6. The city may require that panels be designed with low-reflectivity or glare-resistant surfaces to the extent necessary to protect public health, safety and welfare, be placed as close to roof or grade surface as feasible, and provide screening of the structural supports, as deemed necessary and feasible; subject to limitations imposed by state law regarding impact upon the cost and efficiency of the solar energy system. The facility may not be denied solely for aesthetic reasons.

7. Consistent with the provisions of state law, shade control protections, private parties can resolve any disputes with respect to the Solar Shade Control Act (Ca Public Resources Code Div. 15, Section 25980 et. seq., Solar Shade Control Act) through a civil action.

B. Solar energy production facilities for off-site power distribution. A conditional use permit approval shall be required to establish a solar energy production facility that is intended to produce energy for distribution to the power grid, that is proposed other than on existing buildings or paved parking lots (e.g., solar power plant or "energy farm", as regulated under Ca Codes Public Utilities Code Section 2868-2869, as it may be amended from time to time). Solar energy production facility(s) shall only be established where "utility facilities" are listed as a conditionally permitted quasi-public use in the underlying zoning district land use table(s).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.310 State lands commission title claims (Allardt's Canal).

Where development is proposed within Allardt's San Rafael Canal (see Map 14.16.310), public trust title claims shall be resolved consistent with state law, subject to approval of the State Lands Commission.

Map 14.16.310
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(Ord. 1625 § 1 (part), 1992).

14.16.320 Swimming pools, hot tubs, and other mechanical equipment.

No swimming pool, hot tub, air conditioning unit or mechanical equipment shall encroach into any front yard or street side yard setback. No pump or filter installation, air conditioning unit or similar mechanical equipment, including new but not limited to transformers for electric vehicle charging stations and wind energy systems, shall be less than five feet (5') from any property line. If a pump or filter or any similar mechanical equipment, including new but not limited to transformers for electric vehicle charging stations and wind energy systems, is located within fifteen feet (15') of any bedroom window on an adjacent lot, a three (3) sided solid enclosure with baffles to screen the equipment from the bedroom, or equally effective measure(s), shall be provided to reduce noise impact. Sound attenuation shall be provided around mechanical equipment to ensure that any mechanical noise that is perceptible at the property line (and generally measured in direct line of sight of the equipment) is 4891-1508-9091 v1
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attenuated to the maximum extent practicable and that daytime/nighttime thresholds established under SRMC Table 8.13-1 for the applicable zoning district are not exceeded. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.16.330 Transfer of density among properties.

A. Unique or Special Circumstances. Transfer of density among properties shall not be permitted except in cases where there are unique or special circumstances (such as preservation of wetlands, or historic buildings identified in the San Rafael Historic Building Inventory) which would cause severe environmental impacts if the transfer were not allowed.

B. Use Permit Required. Transfer of density among properties shall be reviewed by the planning commission through the use permit process.

C. Application. Applications for use permits for transfer of density among properties shall include but not be limited to the following information:

1. Affidavits of consent from owners of all donor and receiving properties;

2. A calculation of the floor area ratio and/or density to be transferred;

3. A description of the proposed dedication, easement or covenant.

D. Findings. In order to approve a transfer of density among properties, the following findings shall be made:

1. All of the findings required for a use permit listed in Chapter 14.22, Use Permits;

2. There are unique or special circumstances (e.g., significant wetland, or historic building identified in the historic building overlay district) which exist on the subject property which would cause severe environmental impacts or degradation of historic value of a building or property if the transfer were not allowed;

3. Proposed development for the receiving property shall be compatible in scale and design with surrounding properties.

E. Conditions of Approval. A use permit approving transfer of density among properties shall contain as condition(s) of approval the requirement of adequate mechanisms such as a recorded restrictive covenant which runs with the donor and receiving tracts, or equally effective mechanisms, to ensure permanent accountability of the density transfer. The mechanism shall affect all properties involved in the transfer of density.
(Ord. 1625 § 1 (part), 1992).

14.16.335 Transfer of floor area ratio (FAR) between or among properties.

A. Transfer of floor area ratio (FAR) between or among properties shall not be permitted except under special circumstances as specified below.

B. Use Permit Required. Transfer of FAR among properties shall be reviewed by the city council, with recommendation by the planning commission, through the use permit process.

C. Application. Applications for use permits for transfer of FAR among properties shall include but not be limited to the following information:
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1. Affidavits of consent from owners of all donor and receiving properties;

2. A calculation of the floor area ratio and/or density to be transferred;

3. A description of the proposed dedication, easement or covenant;

4. Any other information deemed necessary by the community development director.

D. Findings. In order to approve a transfer of floor area ratio (FAR) among properties, the following findings shall be made:

1. The development of the beneficiary parcel is consistent with the general plan, except that FARs or maximum densities may be exceeded, and

2. The proposed development will comply with all applicable zoning and design parameters and criteria as well as traffic requirements; and one or both of the following:
a. A unique or special circumstances are found to exist (e.g. preservation of wetlands or historic buildings) that would cause significant environmental impacts if the transfer is not allowed, and/or
b. A significant public benefit, such as securing a new public facility site (e.g. park, school, library, fire station, police station), will be provided.
(Ord. No. 1964 , § 2(Exh. B) § 17, 11-19-2018)

14.16.340 Transfer of density on-site.

A. Unique or Special Circumstances. Density permitted on a portion of a lot may be transferred and built on another portion of the same lot only in the following unique or special circumstances:

1. To preserve sensitive site resources on a lot in a residential district, provided that there is adequate infrastructure to serve the development and that the development is consistent with design policies and with prevailing densities of adjacent development.

2. To secure public recreation facilities on surplus Dominican College land to serve the Dominican and Montecito neighborhoods.

3. To retain school site public recreation and child care facilities in accordance with priorities in the general plan.

4. To achieve development on downtown lots split by floor area ratio designations which is compatible in scale with surrounding development.

B. Environmental and Design Review Permit Required. Transfer of density on-site shall be reviewed and approved by the planning commission through the environmental and design review permit process. (Ord. 1625 § 1 (part), 1992).

14.16.350 Reserved.

Editor's note(s)—Exh. A, § 57, of Ord. No. 1882, adopted June 21, 2010, deleted § 14.16.350 which pertained to trip allocations, and derived from Ord. 1663, 1994; and Ord. 1625, 1992. 4891-1508-9091 v1
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14.16.360 Wireless communication facilities.

A. Purpose. This section establishes standards to regulate the design and placement of towers, antennas, and other wireless communication transmission and/or reception facilities (hereinafter called wireless communication facilities) on public and private property, including facilities within the public right-of-way to minimize the potential safety and aesthetic impacts on neighboring property owners and the community, and to comply with applicable state and federal laws, including the Federal Telecommunications Act of 1996.

This section does not apply to small wireless facilities as defined under Section 14.03.030, which are regulated by Section 14.16.361. To fulfill its purpose, this section is intended to:

1. Establish review and approval requirements, application submittal requirements, and development standards to regulate the design and placement of wireless communication facilities so as to preserve the visual character of the city and to ensure public health and safety, consistent with federal law and Federal Communications Commission (FCC) regulations.

2. Acknowledge the community benefit associated with the provision of wireless communication services within the city.

3. Encourage the joint use of new and existing ground mounted facility monopole/tower sites as a primary option rather than construction of additional single-use towers.

4. Allow the community development director, or delegated staff, to make certain determinations under the provisions of this section.

B. Zoning Review Required.

1. Ministerial Review. A staff level ministerial review shall be required and obtained from the community development director, and no discretionary use permit or environmental design review planning permits shall be required, for the following types of wireless communications facilities to assure compliance with the requirements of subsections G, H, I, J, K, L and M of this section:
a. Co-located facilities on an existing approved monopole or tower structure (i.e., ground mounted facility) that utilizes or improves stealth design characteristics of the facility, and/or does not substantially increase the visible height or overall dimensions of the structure and/or ground lease area. The alteration or addition shall not significantly change the appearance of the existing facility or its stealth design features, or increase visual height, overall dimensions, or ground lease area by more than ten percent (10%).
b. Building-mounted facilities, including modification to existing permitted facilities that are architecturally compatible with and entirely integrated into the existing building façade (i.e., stealth design). In general, to be deemed architecturally compatible and entirely integrated with the building façade, the modification shall utilize or improve existing roof-top screening solutions, shall not increase the building height, and shall be flush with and designed to blend into the existing building walls or facades.
c. Ministerial review shall not apply to modifications of monopoles or towers, new building additions, extensions, projections, etc. made to existing facilities which the community development director determines would increase the visual impacts of the facility. This shall include extensions to height of a facility that exceeds the height limits of the base zoning district.

In such instances, an environmental and design review permit shall be required for the stealth design modifications pursuant to the provisions of Chapter 14.25.

2. Discretionary Review. A zoning administrator level use permit and an environmental and design review permit shall be required for the following wireless communication facilities pursuant to the 4891-1508-9091 v1
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requirements of Chapter 14.22, Use Permits, and Chapter 14.25, Environmental and Design Review Permits, consistent with the provisions of this section:
a. New ground-mounted facilities (towers and monopoles) or significant additions proposed to existing facilities that would increase its visual height, overall dimensions and/or lease area (e.g., more than ten-percent increase in the existing permitted height, overall dimension, lease area); and
b. Any facility which in conjunction with existing facilities in the area, exceeds the Federal Communications Commission (FCC) standards for public exposure for radio frequency radiation (RFR) emissions.
c. The community development director may determine that minor modifications to an existing facility shall be subject to an administrative level design review. In general, to be deemed a minor modification, the alteration or addition shall not significantly change the appearance of the existing facility or its stealth design, or increase visual height, overall dimensions, or ground lease area by more than ten percent (10%).
d. The community development director may elevate the project for review and action by the planning commission or refer a project to the design review board for its recommendation, as determined necessary to assure that appropriate stealth designs are being proposed to the maximum extent practicable, that the facility location is suitable, that development appropriately responds to its setting, and that the requirements of this section are substantially addressed.

C. Appeals. All discretionary decisions of the community development director, zoning administrator, or the planning commission may be appealed in accordance with the provisions of Chapter 14.28, Appeals.

D. Application Requirements. Applications for a use permit and/or an environmental and design review permit shall be initiated by submitting all of the following information and any revised application materials in the manner prescribed:

1. A completed application form, signed by the property owner or accompanied by a letter of authorization that states the property owner has read and agrees to the filing of the application as well as the specific conditions of application cited on the application form, and accompanied by the required fee. Application procedures and processing timeframes shall be in accordance with state law requirements and the procedural guidelines established by the community development director.

2. Peer Review. Prior to accepting an application as complete, the city may require at its sole discretion that a peer review of the project be conducted by a qualified RF engineering consultant, as deemed necessary to confirm the adequacy of the RFR study and/or the technical design requirements of the facility. The consultant shall be selected by the city and paid for by the project applicant. Peer review is typically required for new ground-mounted monopole or tower facilities, building mounted facilities lacking stealth design, facilities proposed within the less-preferred residential and open space areas, or RFR studies that are deemed to warrant further review.

3. Submittal/Re-submittal Meeting Required. Applications for a wireless antenna facility must be made in person during the community development department, planning division public counter hours. A presubmittal 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. 4891-1508-9091 v1
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5. Revised applications. Unless waived by the community development director, resubmitted applications that result in a substantially revised facility design, size, height or location such that a new round of completeness review is warranted, shall be required to be withdrawn and a new application shall be filed for the substantially revised project.

6. Extensions of time. Applications deemed incomplete must be resubmitted within 30 days or they shall be deemed automatically withdrawn, unless the applicant has requested a one-time extension in processing time to resubmit, not to exceed 90 days. If the application is deemed automatically withdrawn, a new application shall be required in order to proceed with the project.

7. Six (6) initial sets of materials and plans showing the following information:
a. Project Description. A complete project description, including the following information on the proposed wireless communication facility:
i. Number and sizes of antennas and approximate orientation, ii. Other technical information regarding transmission equipment such as maximum power output and frequencies,
iii. Copy of FCC license,
iv. Heights of proposed facilities,
v. Equipment enclosure type and size,
vi. Materials and colors of antennas and any equipment enclosure, vii. Description of towers or other structures necessary to support the proposed facilities, and viii. Description of lighting, signage and landscaping proposed. b. Site Plan(s). A site plan, showing the overall property on which the facility will be placed, and a detail site plan for the project area, as needed for large sites, provided on a twenty-four-inch-bythirty-six-inch (24″ x 36″) sheet of paper and an eleven-inch-by-seventeen-inch (11″ x 17″) reduction, and including the following information:
i. Vicinity map,
ii. Parcel lines of the subject parcel,
iii. Contextual map showing structures on adjacent properties, iv. Location and names of adjacent streets and drives proposed to serve as access to the facility,
v. Topography of the subject parcel and location of any drainages within or adjacent to the site,
vi. Location of all existing buildings, structures, utilities, parking areas, significant trees and other natural forms, or other features which might affect the proposed use of the property, vii. Setbacks of proposed structures and improvements from the property lines, viii. Location and height of required cuts and fills for the grading of land and any retaining walls proposed,
ix. Location of proposed development including all towers, structures, buildings, utility line extensions, driveways or roads, and parking areas,
x. Schematic drainage and grading plan, and
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xi. North arrow, graphic scale, the applicant's name, assessor's parcel number and date prepared.
c. Elevations. Elevations showing all sides of the proposed facility set forth on a twenty-four-inchby-thirty-six-inch (24″ x 36″) sheet of paper, and an eleven-inch-by-seventeen-inch (11″ x 17″) reduction, including the following information:
i. Elevations and sections of the site displaying site topography, proposed facilities including towers, equipment shelter and existing buildings,
ii. Wall, roof, tower and antenna materials,
iii. Fencing, air conditioning units and outdoor lighting, if any, iv. Rooftop or building features such as vents, chimneys and antennas, and v. Building or tower height as measured from natural grade. d. Photo-Simulations. Photo-simulations of the proposed facility from key public viewpoints based upon consultation with city staff. Photo-simulations shall display existing and proposed views in an eleven-inch-by-seventeen-inch (11″ x 17″), or larger, format, with the dates shown when the base photo was taken.
e. Landscape Plan. A landscape and irrigation plan, showing all existing and proposed improvements, location of proposed plantings and type of landscape material, for proposed ground-mounted facilities including equipment cabinets.

8. Alternative Site Analysis. An alternative site analysis is required if the proposed facility is:
a. Located within any district other than a commercial or industrial district; b. Located within fifty feet (50′) of a "Less Preferred Location," as defined in subsection (G)(2) of this section (i.e., parks, open space or residential zoning district); c. Lacking stealth design; or
d. Not co-located with an existing approved facility.

The alternative site analysis shall be presented in a narrative form with supporting maps and other graphics that identify the other site locations considered and rejected in favor of the proposed site. The applicant shall provide supporting reasons why the alternate sites were infeasible and rejected, why co-location or building-mounted location has not been pursued (if applicable), and why the proposed site is superior from a technical or other standpoint to the others considered.

9. Future Co-Location. For new ground-mounted towers or monopoles, a signed statement that the carrier, or its future successors, will cooperate with the city to allow future co-location of antennas at the proposed site if it is approved and that the carrier has reviewed and agrees to comply with all postapproval requirements of this section.

10. Story Poles. Story poles or mock-ups may be required if deemed necessary by the community development director.

11. Radio Frequency Radiation (RFR) Study and FCC Compliance Details. For the sole purpose of verifying compliance with the FCC radio frequency emission standards, an emissions report which measures the predicted and actual levels of electromagnetic field radiation emitted by the proposed facility operating alone and in combination with radiation emitted from other existing or approved facilities that can be detected at the proposed facility site. Radiation measurements shall be based on all proposed (applications filed and pending), approved, and existing facilities operating at maximum power densities and frequencies. The study shall identify the existing and predicted electromagnetic 4891-1508-9091 v1
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field radiation in table form, identify any measures required to comply with the FCC standards for predicted exposure levels, provide a summary of the conclusions of the report and provide details for any signage, barriers or similar mitigation that is recommended or required. If mitigation is required, the details for signage, barriers or other physical improvements shall also be included on the project plans prepared for the facility. It is the responsibility of the applicant to determine the location and power of existing facilities.

12. Noise Analysis. A noise analysis for emergency generators or other noise-producing facilities.

Applications accepted as complete. Once an application has been accepted as complete, it shall be promptly scheduled for hearings, and a decision shall be made based upon the quality of the information presented by the applicant.

E. Exemptions. The following types of facilities are exempt from the provisions of this section:

1. Facilities for which zoning permit applications were approved by the city and/or building permits were issued on or prior to the effective date of this section and which remain valid (i.e., not expired) shall be exempt from the review and approval requirements of this section, except for the requirements for validation of proper operation, monitoring, and removal of abandoned facilities, and for proposed modifications to existing facilities which shall remain applicable;

2. Facilities owned and operated by public agencies; and

3. Proposed facilities that would be located entirely within a building and only serve that building.

F. Public Notice. Notice of a public meeting or hearing for a wireless communication facility subject to a use permit and/or environmental and design review permit shall be given in accordance with Chapter 14.29, Public Notice, except that a public notice shall be mailed to all property owners within one thousand feet (1,000′) of any proposed facility that includes a tower or monopole. Public hearing and notice shall not be required for minor modifications made to existing facilities that the community development director determines, pursuant to the provisions of Section 14.16.360.B.3, would require only an administrative level environmental and design review permit.

G. General Location Standards. The most desirable location for new wireless communication facilities is colocation on existing facilities or buildings. All wireless communication facilities shall be sited to avoid or minimize land use conflicts in compliance with the following standards:

1. Preferred Locations. The following list of preferred locations for wireless communication facilities is in order of preference from most to least preferred: Industrial, public or quasi-public, commercial and office zoning districts are the preferred locations.

2. Less Preferred Locations. The following less preferred locations are listed in order of preference from most to least preferred: Parks or open space and residential zoning districts.

3. Avoid Residential and Open Space Areas. New monopoles or towers shall not be located within residential, designated open space or conservation areas unless sufficient technical and other information is provided to demonstrate to the satisfaction of the planning commission or zoning administrator that location in such areas is appropriate, subject to the following findings:
a. The location of the proposed facility site is essential to meet the service demands of the carrier and no other alternative co-location, existing development or utility facility site, or type of antenna support structure is feasible. This shall be documented by the applicant providing a list of the locations of preferred technically feasible sites, the good faith efforts and measures taken by the applicant to secure these preferred sites, and the specific reasons why these efforts and measures were unsuccessful.
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b. The use of a monopole for the proposed facility by itself or in combination with other existing, approved, and proposed facilities will avoid or minimize adverse effects related to land use compatibility, visual resources and public safety.

4. Avoid Significant Buildings and View Sheds. Wireless communication facilities shall not be located on historically or architecturally significant structures unless visually and architecturally integrated with the structure, and shall not interfere with prominent vistas or significant public view corridors.

H. Design Requirements.

1. Co-Location. All new wireless communication facilities service providers shall co-locate with other existing and/or planned new wireless communication facilities whenever feasible. Service providers are encouraged to co-locate with other existing facilities such as water tanks, and other utility structures where the co-location is found to minimize the overall visual impact of the new facility. Co-location of small wireless facilities on light standards/poles, traffic lights, or other structures located within the public right-of-way shall be subject to requirements of Section 14.16.361.

2. Stealth Design. All wireless communication facilities shall have a stealth design to screen or reduce visual impacts and blend the facility into the existing environment. Examples of stealth design are facade-mounted antennas located within architectural features so they are screened from view, or an antenna design that mimics architectural features so they appear to be architecturally integrated as a part of the building design, or facilities with colors and materials to minimize visibility such as a nonreflective finish in a color compatible with the surrounding area. Stealth tower, monopole or building design should seamlessly integrate with its setting and/or building façade. A seamless integration would include façade mounted facilities that are flush with the existing building wall or window plane and that are finished to match the existing textures and finishes, or a high-quality faux tree or similar monopole/tower design that would match existing surrounding vegetation or site characteristics.

Referral to the design review board may be required to confirm whether a particular design solution would clearly integrate into an existing building or site and meet the intent of stealth design.

3. Ground-Mounted Facilities. All new ground-mounted wireless communication equipment, antennas, poles, dishes, cabinet structures, towers or other appurtenances shall be:
a. Co-located on existing structures to the extent feasible. Co-location is preferred over new monopoles or other towers erected specifically to support wireless communication facilities unless technical evidence demonstrates that there are no other alternative sites or feasible support structures or the use of a monopole or tower would avoid or minimize adverse effects related to the view shed, land use compatibility, visual resources and public safety. b. Sited to be screened by existing development, topography or vegetation to the extent consistent with proper operation of the wireless communication facility. Additional new, irrigated vegetation, or other screening, may be required as a condition of approval. c. Designed using high-quality techniques to minimum surrounding vegetation or features in order to blend into the site to the maximum extent practicable.

4. Roof and Building-Mounted Facilities. Roof and building-mounted antennas and equipment shall be:
a. Sited and designed to appear as an integral part of the structure or otherwise minimize their appearance. Placing roof-mounted antennas in direct line with significant view corridors shall be avoided. Where appropriate, construction of a rooftop parapet wall to hide the facility may be required.
b. Integrated architecturally with the design, color, materials and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within an existing or newly-created architectural feature (e.g., cupolas, dormers, chimneys or steeples) 4891-1508-9091 v1
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so as to be completely screened from view. To the extent feasible, building-mounted antennas shall not be located on the front, or most prominent facade of a structure, and shall be located above the pedestrian line-of-sight.
c. Whenever possible, base stations, equipment cabinets, back-up generators, and other equipment associated with building-mounted antennas shall be installed within the existing building or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment.

5. Signage. No advertising signage or identifying logos shall be displayed on any wireless communication facility except for small identification plates used for emergency notification and legally required hazard warnings.

6. Waiver Request. A waiver from these requirements may be requested if the applicant can show, by substantial evidence, that compliance with a particular requirement is technologically infeasible or would result in an unreasonable interference with signal quality. The applicant will be required to prove that there are no feasible alternatives to the waiver request. A waiver request may be subject to peer review conducted by a qualified RF engineering consultant selected by the city and paid for by the project applicant.

I. Development Standards.

1. Height. The maximum height of building-mounted antennas shall be in compliance with the height limitations for the zoning district in which they are located. An exception to antenna height may be granted by the planning commission or zoning administrator if the RFR exposures and aesthetic quality of the proposed facility are found to be acceptable. Antenna structures, including towers and monopoles, and mechanical screening features related to wireless communication facilities, shall be regulated subject to Section 14.16.120 of this chapter.

2. Setbacks.
a. Towers, guy wires, and accessory structures, including equipment cabinets, shall comply with the setback requirements of the applicable zoning district. Towers and support structures shall be located a minimum of two hundred feet (200′) or at least three (3) times the height of the tower, whichever is greater, from existing residential units or vacant residentially zoned property. b. Building-mounted facilities may be permitted to extend up to two feet (2′) horizontally beyond the edge of the structure regardless of setback requirements through the application review process, provided that the antenna does not encroach over an adjoining parcel or public right-ofway or otherwise create a safety hazard.

J. Lighting. Any exterior lighting shall be manually operated, low wattage, and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.

K. Landscaping. Wireless communication facilities shall be installed in a manner that maintains and enhances existing vegetation and provides new landscape material to screen proposed facilities through the following measures:

1. The emphasis of the landscape design shall be to visually screen the proposed facility and stabilize soils on sloping sites. Introduced vegetation shall be native, drought tolerant species compatible with the predominant natural setting of the adjacent area.
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2. Existing trees and other screening vegetation in the vicinity of the proposed facility shall be protected from damage both during and after construction. Submission of a tree protection plan prepared by a certified arborist may be required.

3. All vegetation disturbed during project construction shall be replanted with compatible vegetation and soils disturbed by development shall be reseeded to control erosion.

4. Appropriate provisions for irrigation and maintenance shall be identified in the landscape plan. The city may impose a requirement for a landscape maintenance agreement as a condition of approval.

L. Noise. Wireless communication facilities shall be constructed and operated in a manner that minimizes noise. Noise reduction shall be accomplished through the following measures:

1. Wireless communication facilities shall operate in compliance with the noise exposure standards in San Rafael Municipal Code Chapter 8.13, Noise.

2. Normal testing and maintenance activities shall occur between eight a.m. (8:00 a.m.) and six p.m. (6:00 p.m.), Monday through Friday, excluding emergency repairs.

3. Backup generators shall comply with the same noise standards referenced in subsection (L)(1) of this section and shall only be operated during power outages, emergency occurrences, or for testing and maintenance.

M. Radio Frequency Radiation (RFR).

1. RFR Standards. Wireless communication facilities operating alone and in conjunction with other telecommunication facilities shall not produce RFR in excess of the standards for permissible human exposure as adopted by the FCC.

2. RFR Report. Applications for wireless communication facilities shall include a RFR report, prepared by a qualified expert, which identifies the predicted and actual (if available) levels of RFR emitted by the proposed facility operating by itself and in combination with other existing or approved facilities which can be measured at the proposed facility site. Measurements for RFR shall be based on all proposed, approved, and existing facilities operating at maximum power densities and frequencies.

N. Post-Approval Requirements.

1. Validation of Proper Operation. Within forty-five (45) days of commencement of operations, the applicant for the wireless communication facility shall provide the community development department with a report, prepared by a qualified expert, indicating that the actual RFR levels of the operating facility, measured at the property line or nearest point of public access and in the direction of maximum radiation from each antenna, is in compliance with the standards established by the FCC for RFR.

2. Five-Year Review. The owner or operator of a wireless communications facility shall participate in the measurement by the city of the RFR of the facility, which shall be conducted on a five (5) year cycle.

The requirement for a five-year review shall be made a condition of approval for all wireless communication facilities. The city will contract to perform the testing with a qualified expert and the owners or operators shall bear the proportionate cost of testing for its facility. The city will establish procedures for:
a. Scheduling the five-year review period;
b. Hiring an expert to perform RFR testing;
c. Collecting reasonable fees; and
d. Enforcement actions for nonpayment of fees.
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3. Notification of Abandonment of Use. The owner or operator of an approved wireless communication facility shall remove any abandoned facilities or restore the existing approved use of a facility within ninety (90) days of termination of use.

4. Changes Affecting RFR. Any operational or technological changes to an approved wireless communication facility affecting RFR exposures shall be reported promptly to the city, including any change of ownership. The city may require new RFR testing within forty-five (45) days of notification.

5. Changes to FCC Standards. Owner or operators of all approved wireless communication facilities shall make necessary changes or upgrades to their facilities in order to comply with any newly adopted FCC standards for RFR. Upgrades to facilities shall be made no later than ninety (90) days after notification of the changed FCC standards and the owner or operator shall notify the city in writing that the upgrades have been completed.

6. Co-Location and Facility Upgrade Agreement. Owners or operators of all approved wireless communications facilities shall agree to make their facility available for co-location with other carriers.

Modifications to the facility design shall be allowed to accommodate additional carriers on a site, as well as to restore, replace, or upgrade any screening that is deemed obsolete and removed as a result of modifications made to the primary site structure, or concurrent with any upgrades proposed to the subject facility.

7. Owners or operators of all approved wireless communications facilities shall be responsible for maintaining the effectiveness of screening of its facilities, in compliance with project approvals. This shall include pursuing modifications of existing approvals, as necessary, should changes be made to the site or primary structure that would reduce the effectiveness of screening provided for the facility.

O. Definitions.

1. "Ground mounted facility" means a monopole, tower or any structure built for the sole or primary purpose of supporting FCC-licensed wireless communications facility antenna and their associated facilities. Wireless antenna facilities and equipment that are mounted onto an existing structure, including existing utility poles, on private property shall be considered building mounted co-located on an existing structure. Mounting of wireless facilities on light standards/poles, traffic lights, or utility poles within the public right-of-way shall be governed by Section 14.16.361.

2. "Base station" consists of "radio transceivers, antennas, coaxial cable, a regular and backup power supply, and other associated electronics.

3. "Lease area" means the defined area on the ground or on a building in which wireless facility equipment is placed and/or enclosed.
(Ord. 1823 § 1 (Exh. A) (part), 2004).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1967 , §§ 3—5, 12-17-2018)

14.16.361 Small wireless facilities.

Notwithstanding any other provision of this title as provided herein, all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are subject to a permit as specified in the San Rafael city council's "Policies, procedures, standards and limitations for submittal and review of small wireless facilities within the public right-of-way as set forth in the San Rafael Municipal Code Section 14.16.361" ("policy"), as adopted and amended from time to time by city council resolution, and all small wireless facilities shall comply with such policy. If the city council policy is repealed, an application for a small wireless facility shall be processed pursuant to Section 14.16.360.
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(Ord. No. 1967 , § 6, 12-17-2018)

14.16.370 Water-efficient landscape.

A. Purpose and Authority. Effective January 1, 2011, certain new construction and rehabilitation projects that include landscape and irrigation improvements are required to comply with water-efficient landscape requirements and to monitor water usage for irrigation, as mandated under California Government Code Section 65595(c). For the purpose of administering this state mandate, the City of San Rafael hereby adopts by reference, the Marin Municipal Water District (MMWD) Ordinance (Water Conservation), as adopted and periodically amended, and designates MMWD, the local water provider, to implement, enforce, and monitor the requirements of this ordinance. For projects that are subject to the water-efficient landscape requirements, the city defers to MMWD to administer the provisions of this chapter, which include:

1. The application and monitoring of a "maximum applied water allowance," that is established for applicable projects.

2. The review of required landscape and irrigation plans, specifications and supportive documents prepared for applicable projects for compliance with water-efficient landscape restrictions, including limitations on the type and amount of landscape materials and plant species.

3. The review, inspection and approval of landscape and irrigation that is installed for applicable projects to ensure compliance with the approved landscape and irrigation plans and specifications.

4. The post-installation monitoring of water usage for irrigation by applicable projects.

B. Applicability. The provisions of this section and the MMWD Ordinance as adopted and periodically amended are applicable to the following projects:

1. Any project that proposes new or rehabilitated landscapes which are developer-installed in singlefamily residential and all other residential developments, regardless of size, where the proposed landscape area is equal to or greater than two thousand five hundred (2,500) square feet;

2. Any project that proposes new or rehabilitated landscapes which are homeowner provided and/or homeowner-hired in single-family residential, two-family residential and multiple-family residential developments, where the proposed landscape area is equal to or greater than five thousand (5,000) square feet;

3. Any new nonresidential construction projects exceeding one thousand (1,000) square feet of landscaped area;

4. Any project that proposes new or rehabilitated landscapes which are developer-installed in nonresidential developments where the proposed landscape area is equal to or greater than two thousand five hundred (2,500) square feet.

C. City Review of Applicable Projects. City review of applicable projects shall be processed as follows:

1. Projects Requiring Approval of an Environmental and Design Review Permit. When an applicable project is subject to an environmental and design review permit pursuant to chapter 14.25 of this title, the landscape and irrigation plans required by and submitted with this permit application shall be designed and prepared to comply with the provisions and requirements of MMWD Ordinance as adopted and periodically amended. The approval of an environmental and design review permit shall be conditioned to require the applicant to provide written verification of plan approval from MMWD prior to the issuance of a building permit and/or grading permit.

2. Projects Requiring a Building Permit and/or Grading Permit only. When an applicable project is not subject to an environmental and design review permit but is required to secure a building permit 4891-1508-9091 v1
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and/or grading permit, such permits shall not be issued until the applicant has secured, in writing, MMWD approval of the landscape and irrigation plans confirming compliance with MMWD Ordinance as adopted and periodically amended.

D. Inspections and Post-Installation Monitoring and Enforcement. MMWD shall be responsible for:

1. Inspecting and approving all landscape and irrigation installed for applicable projects prior to project completion and/or occupancy; and

2. Monitoring water usage for installed landscapes to ensure compliance with MMWD Ordinance as adopted with amendments. All enforcement actions for ordinance noncompliance or violations shall be administered by MMWD.
(Ord. No. 1882, Exh. A, § 58, 6-21-2010; Ord. No. 1892, § 1, 2-22-2011; Ord. No. 1923, § 2(Exh. A), 6-16-2014) Chapter 14.17 PERFORMANCE STANDARDS

14.17.010 Specific purposes.

Performance standards provide criteria for issuing administrative use permits and certain other use permits that require minimal discretion and review. (See Chapter 14.21 for additional information on the administrative use permit process.) The performance standards listed in this section are intended to explicitly describe the required location, configuration, design, amenities and operation of specified uses. The performance standards also mitigate potential adverse impacts on the neighborhood and maintain harmonious uses in the area. The performance standards are consistent with the goals and policies of the general plan. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.17.020 Animal keeping.

A. Purposes. Performance standards related to noncommercial animal keeping protect the public health, safety and general welfare by limiting numbers of animals which may be kept, maintaining sanitary and humane conditions for animals, and limiting potential nuisance factors which may result from the keeping of animals.

B. Applicability. Performance standards for the noncommercial keeping of animals, including mammals, birds, reptiles and bees unless specifically exempted by this subsection shall apply throughout the City of San Rafael. (See list of exemptions below.) An administrative use permit shall be required for the keeping of animals within the City of San Rafael. The following animals are exempt from these regulations:

1. Fish;

2. Three (3) or fewer domestic dogs, not including wolf-hybrids, over the age of four (4) months per dwelling unit;

3. Ten (10) or fewer domestic cats over the age of four (4) months per dwelling unit;

4. Any number of domestic dogs, cats or potbellied pigs under the age of four (4) months;

5. Three (3) or fewer potbellied pigs (not including hybrids over seventy (70) pounds);

6. Four (4) or fewer hens (i.e., female domesticated chicken);

7. Ten (10) or fewer of the following:
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a. Soft-billed birds (myna, toucan, toucanettes, not including ducks or geese), birds of the Psittacinae family (parrots, parakeets, love birds), doves, pigeons, quail, finches and canaries, b. Hamsters, guinea pigs, pet mice, pet rats, and pet rabbits, and c. Nonnative, nonpoisonous snakes, chameleons and iguanas.

8. Beekeeping.

C. Other nonexempt animals are subject to individual case review, and may be subject to the following types of standards:

1. Requirements for identification of animal guardianship, such as tagging or microchipping;

2. Requirements for spaying or neutering of animals;

3. Requirements for fences or fenced stockade areas;

4. Requirements regarding provision of food and water supply, such as supply locations, requirement for closed, rodent-proof containers, etc.;

5. Requirements to secure or sequester animals in shelters during specified hours of the day or night to minimize possible noise impacts;

6. Requirements to maintain sanitary conditions by regular cleanup and disposal of animal feces and urine;

7. Requirement that all places and premises where the animal is to be kept shall be open at all reasonable times and places to the inspection of the code enforcement manager or code enforcement officer, or other code enforcement officials, and the county health officer;

8. Verification of receipt of appropriate California Department of Fish and Game permits;

9. Verification of required vaccinations.

In approving the application for an administrative use permit for the keeping of animals, the community development director may impose additional conditions that are deemed necessary to ensure the permit will be in accordance with the findings required by Section 14.21.080.

D. Findings. In order to grant an administrative permit for the keeping of animals the following findings shall be made:

1. Compliance with Applicable Laws. The keeping of the animal(s) will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law.

2. Humane Treatment of Animals. The keeping of the animal as proposed will not result in an animal receiving inhumane treatment.

3. Odors. The keeping of the animal will not result in obnoxious odors at nearby properties adversely affecting the enjoyment of such property.

4. Flies. The keeping of the animal(s) will not cause or result in flies or other insects adversely affecting the enjoyment of nearby property.

5. Noise. The keeping of the animal(s) will not result in noises which adversely affect the enjoyment of nearby property.

6. Nuisances. The keeping of the animal(s) will not result in other public or private nuisances.

7. Public Health, Sanitation, Safety, Welfare. The keeping of the animal(s) will not result in an adverse effect on the health, sanitation, safety or welfare of an occupant of the premises or other nearby residents.
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8. Procreation. The keeping of the animal(s) will not result in procreation which adversely affects nearby properties or the natural habitat.

E. Nonconforming Animal Keeping, Declaration of Public Nuisance. The city council declares to be a public nuisance any lot where animal keeping is operating in a manner that is not in conformance with this section. (Ord. 1740 §§ 2—5, 1999; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.17.030 Community gardens.

A. Purpose. The purpose of the community gardens regulations is to implement specific policies of the neighborhood design, community design, sustainability, and parks and recreation elements of the San Rafael general plan, which:

1. Support social interaction and create a greater sense of community, encourage gathering places and events in appropriate locations, such as community gardens;

2. Promote efforts to provide places where neighbors can meet each other;

3. In multifamily development, require private outdoor areas and on-site common outdoor spaces.

Common spaces may include recreation facilities, gathering spaces, and site amenities; B. Applicability. Performance standards for community gardens shall apply in the residential, commercial, industrial, public and quasi-public uses, and parks/open space zoning districts with the exception of the downtown zoning districts.

C. Ministerial review required. Except where a use permit is required by the land use tables, a ministerial review is required to determine that the community garden is in compliance with the provisions of this section. If it is determined that the community garden is in full compliance with the provisions of this section, the community garden shall be approved.

D. Standards.

1. Operating Rules. The applicant shall submit a list of operating rules for the proposed community garden. Hours of operation shall be limited from sunrise to sunset.

2. Americans with Disabilities Act (ADA). The project shall be designed to provide access to the general public and be ADA-compliant in accordance with the requirements of Title 24, California Code of Regulations.

3. Parking. On-site parking is required and shall including an area for one van accessible parking space located on site nine feet (9′) × eighteen feet (18′) with an eight-foot (8′) wide accessible aisle meeting ADA standards and a space to accommodate vehicular delivery and removal of materials.

4. Trash and Recycling. Trash and recycling shall be adequately provided on site and the project sponsor is responsible for implementing a trash recycling program, which shall also include the installation of recycling receptacles for garden users on the project site.

5. Green Waste. Green waste facilities shall be provided on site.

6. Material Storage. Identify on the site plan storage for all garden tools, supplies and compost in a secure manner and screened from view from off-site. Compost and other odorous materials shall be stored in a location and manner that does not affect adjacent property owners. 4891-1508-9091 v1
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7. Landscaping. Provide a landscape and irrigation plan for review and approval of the planning division and the department of public works which provides trees within the landscape setback along the property frontage with the following detail.
a. The project landscape architect/designer shall select a tree species that is appropriate to the site and soil conditions. Trees shall be planted at a twenty-four inch (24″) box size and spaced at twenty-foot (20′) intervals.
b. All landscaping shall be maintained in good health through the life of the project. Any dying or dead landscaping shall be replaced in a timely fashion and all landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. c. The landscape and irrigation plan must be designed to comply with Marin Municipal Water District (MMWD) Water Conservation Ordinance No. 421.

8. Fences. Fences are allowed subject to the regulations in Chapter 14.16 of the city of San Rafael Municipal Code, Zoning.

9. Lighting. Exterior lighting shall be limited to security lighting as required and approved by the city police department.

10. Signage. A sign plan shall be submitted and shall demonstrate location of the following required signage:
a. Two signs shall be posted on the subject property.
b. One sign shall be posted in the common area of the garden noting the name and contact information for the garden management; and
c. One monument-type address sign, not exceed twenty (20) square feet in area and six (6) feet in height, shall be posted at the garden entrance. The property address numbers shall be posted prominently on the monument sign.

11. MCSTOPP/Drainage and Clean Site Water. The site must be designed and maintained so that runoff of surface water will not drain onto adjacent property. The project engineer shall incorporate features that would provide for clean site waters in accordance with RWQCB and Marin County Stormwater Pollution Prevention Program (MCSTOPPP) standards before they enter the city storm water drainage system. Features can include the installation of grassy swales to connect and filter surface water runoff.

12. The project shall comply with the MMWD backflow prevention requirements. If, upon the district's review of the final plans backflow protection is warranted, compliance shall include installation, testing and maintenance. Questions regarding backflow requirements should be directed to the MMWD backflow prevention program coordinator at (415) 945-1559.

13. Pest Management. The operation of the community garden shall comply with the city's Integrated Pest Management (IPM) program. Signs shall be posted and maintained within the garden area notifying garden users of the rules and consequences for using pesticides and herbicides that are not allowed on the IPM.
(Ord. No. 1964 , § 2(Exh. B) § 18, 11-19-2018)

14.17.040 Animal care facilities.

A. Purpose. Performance standards related to animal care facilities protect the public health, safety and general welfare by minimizing potential nuisance factors that may result from the caring of animals. 4891-1508-9091 v1
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B. Applicability. Performance standards for animal care facilities, unless specifically exempted by this subsection shall apply throughout the City of San Rafael. A use permit approved by the zoning administrator, issued pursuant to Chapter 14.22 of this division, shall be required for animal care facilities within the City of San Rafael.

C. Findings. In order to grant a use permit for animal care facilities in an office/commercial district, the following findings shall be made:

1. Compliance with Applicable Laws. The animal care facility will not violate any provision of the San Rafael Municipal Code or any other applicable provision of law. The animal care facility shall maintain an employee handbook outlining best management practices for handling of animals, handling medical waste and disposal of animal waste.

2. Sound Attenuation. The animal care facility shall not result in sound levels that exceed the noise levels established under Chapter 8.13 for any adjacent tenant spaces or properties.

3. Waste. The animal care facility shall include and maintain adequate waste and hazardous waste facilities at all times.

4. Nuisances. The animal care facility will not result in other public or private nuisances. ( Ord. No. 2015 , § 4, 9-6-2022)

14.17.050 Reserved.

Ord. No. 1996 , div. 2(Exh. A, 7.1), adopted August 16, 2021, repealed § 14.17.050, which pertained to offices and financial institutions in the Fourth Street retail core and the West End Village and derived from Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992.

14.17.060 Fortunetelling.

A. Purpose. Performance standards for fortunetelling ensure police department review and background investigations of prospective fortunetelling businesses, consistent with Municipal Code Chapter 8.12. Police department review is required in the interest of public health, safety and welfare due to potential criminal activities, including theft by fraud, deceit, false pretenses, trick or device which may be associated with such businesses.

B. Applicability. Performance standards for fortunetelling shall apply in any district in which fortunetelling is a conditional use. Compliance with performance standards shall be reviewed through the administrative use permit process.

C. Standards.

1. Police Department Permit. Review and approval by the police department is required for any proposed fortunetelling use.

2. Operation. The proposed fortunetelling operation shall conform with all of the provisions of the municipal code pertaining to such uses (Municipal Code Sections 8.12.050 through 8.12.060, inclusive) to the satisfaction of the San Rafael police department.

3. Parking. Fortunetelling uses shall provide parking consistent with Chapter 14.18, Parking Standards.

Fortunetelling uses shall be considered equivalent to a personal service use for the purposes of determining parking requirements.

4. Signs. Signs for fortunetelling businesses shall conform with Chapter 14.19, Signs. (Ord. 1625 § 1 (part), 1992).
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14.17.070 Game arcades.

A. Purpose. Standards for game arcades with coin-operated amusement devices ensure that such facilities coexist harmoniously with other uses in the neighborhood in which they are located. Performance standards for game arcades are intended to prevent the occurrence or increase in the incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have an adverse effect on adjacent or nearby properties, residences or businesses.

B. Applicability. Performance standards for game arcades with coin-operated amusement devices shall apply in any district in which game arcades are a conditional use. Compliance with performance standards shall be required and reviewed through the use permit process. Initial use permits shall be granted by the planning commission for periods of no more than six (6) months. The zoning administrator may approve time extensions to the initial use permit.

C. Findings. In approving initial use permits and time extensions for game arcades with coin-operated amusement devices, findings must be made that the use will not or has not created or increased the incidence of loitering, vandalism, pedestrian obstruction, excessive noise or any other activity that may have an adverse effect on adjacent or vicinity properties, residences or businesses.

D. Standards.

1. Proximity to Schools. Game arcades shall not be located within three hundred feet (300′) of a public or private grammar, middle or high school.

2. Parking. One vehicular parking space shall be provided for each five (5) coin-operated amusement devices.

3. Bicycle Parking. One (1) on-site bicycle parking space shall be provided for each two (2) coin-operated amusement devices. Bicycle parking shall be in bicycle racks or stands and shall not obstruct required exits. Bicycle parking may be required inside buildings if no acceptable outside area exists on-site.

Bicycle parking may be waived for "adults only" establishments.

4. Hours of Operation. Hours of operation shall be established on a case-by-case basis; however, the maximum closing time that may be granted shall be eleven p.m. (11:00 p.m.). The planning commission may grant exceptions to this limitation for "adult only" establishments or when it is demonstrated that the use is clearly ancillary to another use.

5. Initial use permit; Six (6) Month Review Period. Use permits shall be granted for periods of no more than six (6) months initially. The zoning administrator may approve extensions upon demonstration of compliance with these standards.

6. Police Department Review. Police department review and approval is required for any proposed game arcade with coin-operated amusement devices consistent with Chapter 10.40. (Ord. 1625 § 1 (part), 1992).

14.17.075 Gun shops.

A. Purposes. Performance standards related to gun shops are intended to ensure the public safety by requiring such shops to provide adequate security as well as appropriate hazardous materials storage.

B. Applicability. Performance standards for gun shops apply in all districts where gun shops are allowed.

Compliance with performance standards shall be reviewed through the administrative use permit process.

C. Standards.
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1. Police Department Review. Security and public safety measures shall be provided to the satisfaction of the police department.

2. Fire Department Review. Appropriate hazardous materials storage measures shall be provided to the satisfaction of the fire department.

3. Compliance with Other Laws. Approval of the requested permit is contingent upon demonstration of compliance with applicable provisions of state and federal laws. All gun shops shall be operated according to state and federal regulations.

4. Location. No gun shop shall be located within three hundred (300) feet of a day care facility, church, or school. The three hundred (300) feet measurement shall be from lot line to lot line. (Ord. 1748 § 3, 2000; (Ord. 1694 § 1 (Exh. A) (part), 1996).

14.17.080 Mobilehome parks.

A. Purpose. These provisions will promote diverse housing opportunities by encouraging the creation of stable and attractive residential environments within mobilehome parks, and provide for a desirable transition to the surrounding residential areas.

B. Applicability. Standards for mobilehome parks apply in any district in which mobilehome parks are a conditional use, and shall be applied through the use permit process.

C. Standards.

1. Density and Development Standards. Mobilehome parks shall conform with all density and development standards of the general plan and zoning district in which it is located, as well as with applicable provisions of the California Health and Safety Code and the regulations set forth in Title 25, Chapter 5 of the California Administrative Code. The yard and setback standards of the district shall apply to the perimeter property line of the lot or lots of record, taken as a whole, on which a mobilehome park is proposed.

2. Mobilehome Lot Identification. Each lot line shall be permanently marked consistent with the Title 25, Chapter 2 of the Mobilehome Parks Act. Consistent with the requirements of Title 25, adjustment of a lot line may be permitted after obtaining written authorization of the occupant(s) of the affected mobilehome lot(s) and upon approval of a minor environmental and design review permit.

3. Setbacks. A manufactured home and all accessory structures shall be located in compliance with the Mobilehome Parks Act setback and separation requirements.

4. Storage. In order to provide adequate storage for large items, such as boats, campers, and park maintenance vehicles, a minimum of one hundred (100) square feet of screened parking area shall be provided.

5. Usable Outdoor Area. A usable outdoor area shall be provided consistent with the requirement of the zoning district in which it is located.

6. Parking. Parking shall be provided as required in Chapter 14.18, Parking Standards.

7. Environmental and Design Review. A mobilehome park is a major physical improvement subject to Chapter 14.25, Environmental and Design Review Permits).

8. Landscaping. Landscaping shall be provided consistent with the requirement of the zoning district in which it is located.

9. Lighting. Park lighting shall be provided consistent with the requirements of the Mobilehome Parks Act. 4891-1508-9091 v1
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10. Utilities. All utilities shall be underground.
(Ord. 1625 § 1 (part), 1992).

14.17.090 Motor vehicle repair uses (major or minor).

A. Purpose. Standards for motor vehicle repair uses mitigate potential noise, fumes, litter and parking problems associated with motor vehicle repair facilities. The standards ensure that motor vehicle repair uses operate harmoniously and are compatible with adjacent and surrounding uses. In addition to these standards, motor vehicle repair uses must meet applicable federal, state and local regulations regarding storage, recycling and disposal of hazardous wastes.

B. Applicability. Performance standards for major or minor motor vehicle repair uses shall apply in any district in which a motor vehicle repair use is a conditional use. Performance standards for motor vehicle repair uses shall be administered through a use permit or an administrative use permit process as specified in the land use regulations for commercial districts (Chapter 14.05) and for industrial districts (Chapter 14.06).

C. Standards.

1. Spraying. All spraying operations are to be conducted within a spray booth which has been approved by the city fire marshall.

2. Location of Repair Work. All repair work shall take place entirely within the building.

3. Vehicle Storage.
a. All vehicles which are visually damaged, disabled or visually in the process of repair shall be stored and/or worked upon in a location on-site that is not visible from off-site. Vehicles not visually damaged, waiting to be repaired or waiting to be picked up after repair, shall be stored on-site but may be visible from off-site; or, in lieu of said on-site parking, alternate parking of appropriate size and within five hundred feet (500′) may be substituted provided that at the time a business license is issued or renewed, a lease for said parking concurrent with the term of the business license is submitted.
b. Where non-administrative use permits are required, parking lot screening and landscape standards (Section 14.18.160) shall be used as guidelines in project review.

4. Outside Storage. There shall be no outside storage of materials or equipment unless screened from view in a manner approved by the planning director.

5. Parking. Parking for motor vehicle repair uses shall be consistent with Chapter 14.18, Parking Standards.

6. Waste Disposal. Waste oils and other materials shall be disposed of properly and not discharged into the storm drain or sewer system.
(Ord. 1625 § 1 (part), 1992).

14.17.100 Residential uses in commercial districts.

A. Purpose. The purpose of this section is to ensure that residential uses in commercial districts are not adversely impacted by adjacent uses. Residential uses are encouraged in commercial zoning districts, including the downtown mixed use (DMU) district, and in mixed-use development to meet local housing needs and because of the environment they create. However, potential traffic noise and safety impacts related to commercial uses may impact nearby residential uses. The proximity of residential and commercial 4891-1508-9091 v1
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uses require that special regulations be imposed in the interest of businesses and the residents of the housing units.

B. Applicability. Performance standards for residential uses in commercial districts shall be applied through an administrative use permit in the GC, FBWC, C/O, M and NC districts.

C. Standards.

1. Location. Location of residential units in the GC, FBWC, HO, C/O, M and NC districts shall be determined through project review.

2. Access. Residential units shall have a separate and secured entrance and exit.

3. Parking. Residential parking shall comply with Chapter 14.18, Parking Standards, of this title.

4. Noise. Residential units shall meet the residential noise standards in Section 14.16.260, Noise standards, of this title.

5. Lighting. All exterior lighting shall be sufficient to establish a sense of well-being to the pedestrian and one (1) that is sufficient to facilitate recognition of persons at a reasonable distance. Type and placement of lighting shall be to the satisfaction of the police department. The minimum of one (1) foot-candle at ground level shall be provided in all exterior doorways and vehicle parking areas.

6. Refuse Storage and Location. An adequate refuse storage area shall be provided for the residential use.

7. Location of new residential units shall consider existing surrounding uses in order to minimize impacts from existing uses.

8. Boarding House. A boarding house shall comply with the following requirements:
a. Provision of a management plan to ensure twenty-four (24) hour on-site management, security and any necessary social services;
b. Provision of usable outdoor area consistent with the requirements of the district in which it is located.

9. Live/Work Quarters. The purpose of live/work quarters is to allow residential use in a commercial district with the intent of permitting people to live in a work environment. Live/work quarters are subject to the following requirements:
a. Residents of live/work quarters are required to acknowledge, as part of their lease agreement, the commercial nature of the surrounding area.
b. The FAR standards for the district shall establish the permitted intensity. c. The parking requirement shall be based on the number of spaces required for the nonresidential square footage, or as determined by parking study.
d. All living areas must be suitable for residential purposes, as determined by the building inspector. e. At least one of the residents of a live/work quarters shall be required to have a city business license.
f. The site is free of hazardous materials, as determined by the fire department. (Ord. 1838 § 40, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 59, 60, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 19, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 7.2), 8-16-2021)
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14.17.110 Outdoor eating areas proposed in conjunction with food service establishments.

A. Purpose. The purpose of this section is to promote outdoor seating in conjunction with food service establishments to enhance the pedestrian ambiance of the city. Performance standards ensure that outdoor seating for restaurants and cafes does not adversely impact adjacent properties and surrounding neighborhoods.

B. Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for outdoor eating areas shall be reviewed through an administrative use permit and administrative environmental and design review permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district is which it is located, the performance standards shall be incorporated into the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be regulated as provided in Section 14.16.277.

C. Standards.

1. Property Development Standards. The outdoor eating area shall comply with the property development standards for the zoning district in which it is to be located.

2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally established restaurant or food service establishment.

3. Intensification of Use. The proposed area for outdoor eating shall not exceed twenty-five percent (25%) of the indoor seating area.

4. Parking. Parking shall be provided for all permanently covered outdoor seating areas located outside of the downtown parking assessment district in accordance with parking standards in Section 14.18.040 (Parking requirements).

5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the community development and public works departments shall be required. Perimeter barriers shall be temporary/movable fixtures unless the sidewalk has been expanded to accommodate an outdoor eating area. In areas where the sidewalk has been expanded, a permanent barrier and/or structure can be considered subject to terms and conditions of a license or lease agreement. If a barrier is bolted to a public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and approval of the public works director.

6. Sunshades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating area, but there shall be no permanent roof, or shelter over the sidewalk cafe area unless the sidewalk has been previously expanded to accommodate an outdoor eating area. Any awning, umbrella, permanent roof or shelter shall be adequately secured, and shall comply with the provisions of the Uniform Building Code.

7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable tables, chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures may be permanently affixed onto the exterior of the principal building, but shall be shielded from adjacent uses.

8. Refuse Storage Area. No refuse structure enclosure or receptacle shall be erected or placed on a public sidewalk or right-of-way.
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9. Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive condition as determined by the community development director.

10. Hours of Operation. The hours of operation of the outdoor eating area may be limited depending on surrounding uses.
(Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 61, 6-21-2010)

14.17.120 Outdoor storage.

Outdoor storage may be permitted where the incidental storage of equipment and materials would be appropriate and related to a primary use or ongoing business operation. Such activities would typically be associated with industrial and light industrial storage yards or utility yard uses, and commercial contractor or commercial building supply uses.

A. The following standards shall apply to the establishment of outdoor storage uses on non-residential properties, where such activities are listed as a conditionally permitted use in the land use tables of the underlying district.

1. Outdoor storage uses shall be screened from public view with fencing, enclosure, structure and/or landscaping as appropriate and necessary for the underlying zoning district, to provide a buffer between adjacent uses, and to screen the use from public view.

2. Outdoor storage shall not be placed within required yard setbacks, landscape or parking areas required for the use or site.

3. Outdoor storage may also be subject to design review, as required by Chapter 14.25.

B. An "outdoor storage" land use is not permitted within a residential district. Temporary placement of moving or storage containers or debris boxes on a residential property, within a driveway or required yard area, may be allowed for a limited duration, generally not to exceed ninety (90) days, or as otherwise provided under the terms of a building permit issued for the site. (Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.17.130 Temporary uses.

A. Purpose. Standards for temporary uses allow the short term placement (generally one (1) year or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas.

B. Applicability. Performance standards for specified temporary uses shall apply in any district where a temporary use is a conditional use. Performance standards for temporary uses shall be administered through an administrative use permit in all commercial, office and industrial zoning districts, or a use permit (zoning administrator) in the R/O and 5/M R/O districts or any PD district (with or without an approved or valid development plan). The following temporary uses are subject to performance standards:

1. Outdoor seasonal product sales, including Christmas tree lots and pumpkin sales lots, for periods not exceeding thirty (30) consecutive calendar days;
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2. Trailers/mobilehomes that provide residences for security personnel associated with any construction site;

3. Trailers/mobilehomes that provide offices for the following temporary uses:
a. Temporary or seasonal businesses such as carnivals or Christmas tree sales, b. Business offices or sales facilities where construction of a permanent facility is being diligently completed,
c. Construction offices where construction is being diligently completed, d. Real estate offices on-site of a proposed subdivision until such time as the notice of completion is filed with the building inspection division,
e. Financial or public utilities that are required to maintain a place of business at a location at which no permanent structure suitable for the purpose is available;

4. Fairs, festivals, concerts, farmer's markets, swap meets or other special events when not held within premises designed to accommodate such events, such as auditoriums, stadiums or other public assembly facilities;

5. Similar temporary uses which, in the opinion of the community development director, are compatible with the district and surrounding land uses.

Temporary uses may be subject to additional permits, other city department approvals, licenses and inspections as required by applicable laws or regulations. Temporary uses which may have specific regulations specified in the municipal code include such uses as: meetings, assemblies and parades in public places (Chapter

5.70) and Carnivals, Circuses (Chapter 10.44).

C. Exemptions.

1. Events which occur in theaters, meeting halls or other permanent public assembly facilities;

2. Carnivals, fairs, bazaars or special events held on school premises or at religious institutions;

3. Special events less than seventy-two (72) hours and sponsored by the San Rafael business improvement district;

4. Events which receive street closure approval from the city council.

5. Recycling or "e-waste" collection events conducted or sponsored by a public agency for the purpose of collecting non-recyclable items such as electronics, paint or other materials and preclude deposit of such items into the sanitary landfill, when located on a developed non-residential property for a maximum duration of three (3) consecutive days and no more than two (2) times annually (calendar year).

D. Findings.

1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.

2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site.

3. The proposed site is adequately served by streets having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably generate.
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4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the community development director.

In approving the application for an administrative permit for a temporary use, the community development director may impose conditions that are deemed necessary to ensure the permit will be in accordance with the required findings and standards.

E. Standards. The applicant shall provide information to show that the following standards have been satisfactorily addressed:

1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city public works department and the police department.

2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat shall be provided to the satisfaction of the community development department, planning division.

3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the community development department, planning division for consistency with base district regulations and other zoning ordinance requirements.

4. Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the county health department.

5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the community development department, planning division.

6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to the satisfaction of the community development department, planning division.

7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the community development department, planning division.

8. Performance Bonds. A performance bond or other security deposit shall be submitted to the city finance department to assure that any temporary facilities are removed from the site within a reasonable timeframe following the event and that the property is cleaned up and restored to its former condition.

9. Public Safety. Security and public safety measures shall be provided, including traffic control measures if needed, to the satisfaction of the police department.

10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with Marin County Health Department standards and permit requirements.

11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 62, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014) Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 14.18 PARKING STANDARDS
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Chapter 14.18 PARKING STANDARDS

14.18.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the specific purposes of parking regulations are to:

A. Promote the safety and convenience of all land use and circulation systems within the city by providing standards and policies for the creation and maintenance of vehicular off-street parking and loading; B. Promote more efficient street systems by reducing to a minimum the congestion which may be created by uncontrolled parking;
C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction for normal parking demands;
D. Promote compatibility among adjacent land uses and enhance the appearance of the city through appropriate design and aesthetic standards related to parking; E. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use;
F. Establish parking standards for commercial and industrial uses consistent with need and with the feasibility of providing parking on specific commercial and industrial sites; G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety and, where appropriate, insulate surrounding land uses from adverse impacts; H. Acknowledge the unique conditions in the downtown mixed use district, where there are a variety of land uses and parking facilities, including a downtown parking district. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1964 , § 2(Exh. B) § 20, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.1), 8-16-2021)

14.18.020 Applicability.

A. Off-street parking, loading and bicycle facilities shall be provided for any new building constructed and for any new use established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which the use is conducted that would result in additional spaces being required, subject to the provisions of this chapter.

B. Provisions of this chapter shall apply uniformly throughout the city according to specific land usage and shall be without regard to zoning district classification.

C. Parking areas may be reconfigured in compliance with the provisions of this chapter only.

D. The provisions of this chapter are applicable to properties with the downtown mixed use district except for provisions specific to: 1) parking requirements; 2) the downtown parking district; and 3) parking lot screening and landscape standards. For these parking provisions, refer to the Downtown San Rafael Precise Plan FormBased Code, which adopted by separate ordinance and incorporated herein by reference. 4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)

(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, § 64, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 8.2), 8-16-2021)

14.18.030 Computation.

If, in the application of the requirements of this chapter, a fractional number is obtained, one (1) parking space or loading berth shall be required for a fraction of one-half (½) or more, and no space or berth shall be required for a fraction of less than one-half (½).
(Ord. 1625 § 1 (part), 1992).

14.18.040 Parking requirements.

A. Off-street parking shall be provided in accord with the following chart. Where the specific use in question is not listed, the community development director shall determine if another similar use exists which may be used to select an appropriate parking standard. In order to make this determination, the community development director may require the submission of survey data from the applicant or collected by the community development department, planning division at the applicant's expense. Parking surveys conducted for this purpose shall be subject to the review and recommendation by the department of public works.

B. Parking Modification. The parking requirement for any specific use listed may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification may also include reduction in parking ratios for businesses in the downtown zoning districts that allow the use of private parking facilities to be used for public parking during evening or weekend hours.

Parking modifications shall require an application for a use permit and shall be subject to review by the community development director and public works director, and approval by the zoning administrator.

C. For properties located within the downtown mixed use district and Downtown parking district, refer to the Downtown San Rafael Precise Plan Form-Based Code for off-street parking standards, which is adopted by separate ordinance and incorporated herein by reference.

D. In addition to the off-street parking requirements listed below, off-street loading and unloading shall be provided for certain uses in accord with Section 14.18.050, Off-street loading and unloading.

E. Off-street parking is not required for FAR increases up to ten percent (10%) of the building or seven hundred fifty (750) square feet, whichever is larger, as granted under Section 14.16.150(G)(1)(b).

F. Operation. As specified in the Downtown San Rafael Precise Plan Form-Based Code adopted by separate ordinance, parking in the downtown mixed use district may be operated to serve the uses for which the parking was approved, or may be shared with other uses in the downtown mixed use zoning district, and/or be made available to the public, subject to a use permit for parking modifications.

Table 14.18.040
Use Classification Off-Street Parking Required Additional Standards Residential See Section

14.16.282.C.2. for parking
requirements for SB 9
Housing Developments
Single-family residential 2 covered spaces per unit.

Single-family residential,
hillside
On streets less than 26 feet wide, a minimum of two
additional on-site parking spaces shall be provided
(not on the driveway apron) per unit. These spaces
should be conveniently placed relative to the dwelling
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)