San Rafael City Council
June 21, 2024

unit which they serve. This requirement may be
waived or reduced by the hearing body when the size
or shape of the lot or the need for excessive grading or tree removal make the requirement infeasible.

Studios (multifamily unit) 1 covered space per unit.

Studio (duplex unit),
500 sq. ft. or less in size
1 space per unit See Section 14.16.282.C.2
for parking requirements
for SB 9 Housing
Developments
Studio (duplex unit),
Greater than 500 sq. ft.

1.5 spaces per unit (including 1 covered space).
1 bedroom unit 1.5 spaces per unit (including 1 covered space).

Two-bedroom units 2 spaces (1 covered)
Three or more bedroom
units
2 spaces per unit (including 1 covered space).

Guest parking,
multifamily
1 space per 5 units.

Mobilehome parks 2 covered spaces per unit.

Senior housing projects .75 space per unit, or as specified by use permit.

Emergency shelters for
the homeless,
permanent:

Residential district 1 space for each employee on maximum staffed shift plus 1 space per five beds:
1—5 beds 1 space plus staff parking.
6—10 beds 2 spaces plus staff parking.
11—15 beds 3 spaces plus staff parking.

Commercial and light
industrial/office districts
1 space for each employee on maximum staffed shift
plus 1 space per 10 beds:
1—10 beds 1 space plus staff parking.
11—20 beds 2 spaces plus staff parking.
21—30 beds 3 spaces plus staff parking.

Emergency shelters for
the homeless, temporary
or rotating
As specified by use permit.

Emergency shelters
serving children and/or
families with children
1 space per family based on maximum program
capacity plus 1 space per employee on the maximum
staffed shift.

Residential care facilities
for the nonhandicapped:

Small (0—6 clients) See single-family residential.

Large (6—10 clients) 1 space for each five clients plus 1 space for each staff person, visiting doctor or employee on maximum
staffed shift.

Rooming or boarding
houses
1 space for each guest room or as determined by
parking study.

Accessory dwelling unit
(ADU):

See Section 14.16.285
Visitor accommodations
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Bed and breakfast inns 2 spaces plus 1 space per bedroom.

Hotels or motels 1 space per sleeping room plus 1 space for manager plus 1 space for every 2 employees.

Hotels, convention or
hotels with banquet,
restaurant or meeting
facilities, etc.

Parking in addition to the hotel requirement is
required, as determined by a parking study. Parking
requirement as specified in use permit.

Day care
Family day care home
(small)
No requirement.

Family day care home
(large)
Minimum 2 spaces. The required parking for the
dwelling unit shall count as the required parking for
family day care.

Day care center 1 space per five children. In addition, one of the following must be provided as recommended by the
public works director for safety purposes:
1) A posted "loading zone" for dropping-off and
picking-up children;
2) A loop driveway with an apron for drop-offs and
pick-ups.

General commercial uses
Retail sales (non-bulky
items)
1 space per 250 gross building sq. ft.

Retail sales (bulky items,
such as machinery,
furniture, vehicles, etc.)
1 space per 400 gross building sq. ft.

Shopping centers 1 space per 250 gross building sq. ft.

Animal care facilities 1 space per 300 gross building sq. ft.

Food and beverage
service establishments,
excluding fast food
restaurants
1 space for each 50 sq. ft. of floor area intended for
public use.

Fast food restaurants 1 space per 100 sq. ft. for 50 percent of the gross building sq. ft.; and one space per 65 sq. ft. for 50
percent of the gross building sq. ft. or one space per

2.5 interior seats, whichever is greater.

Funeral and interment
services
1 per each 35 sq. ft. of floor area for assembly rooms
plus 1 space for each employee, plus 1 space for each
car owned by such establishment.

Motor vehicle sales and
service:

Coin-op washing 1 space at each washing stall and vacuum stall.

Gasoline stations 3 spaces per station, plus.

With minor repairs
such as tune-ups, brakes,
batteries, tires, mufflers
2 spaces per service bay.

With mini-market area 1 space per 250 sq. ft. of gross retail.

Rentals 1 space per 500 gross sq. ft. of floor area plus 1 space per 1,000 sq. ft. of outdoor rental storage area.
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Repairs, major and/or
minor
1 space per 500 sq. ft. or 3 spaces per service bay
(each service bay may count as one of the parking
spaces), whichever is greater.

Sales, new or used
vehicles
1 space per 400 gross building sq. ft. excluding auto
repair area; plus, for repair portions of the building: 1 space per 500 gross building sq. ft., or 3 spaces per
service bay for automobile repair (each service bay
may count as one of the parking spaces), whichever is
greater, or 1 space per 2,000 sq. ft. open lot area,
whichever is greater.

Music
rehearsal/recording
studios
1 space per 500 gross building sq. ft.

Personal service
establishments
1 space per 250 gross building sq. ft.

Barber/beauty shop/nail
salon
2 spaces per chair or workstation.

Dry cleaning
establishment
2 spaces plus 1 space for each employee.

Laundry (self service) 1 space for each 2 washing machines and/or dry cleaning machines.

Recreation facilities
(indoors)
Bowling alleys 4 spaces for each bowling lane plus additional spaces for other uses.

Game arcades 1 space for each 5 coin-operated amusement devices.

Health clubs and
gymnasiums
1 space per 250 sq. ft. of gross building sq. ft.

Poolhalls/billiards 2 spaces for each table or as determined through a parking study.

Theaters Parking study required. Parking subject to the approval of the community development director or
the hearing review body for the development.

Offices and related uses
Financial services and
institutions
1 space for each 200 sq. ft. gross building sq. ft.

Medical services:

Clinics 1 space per 225 gross building sq. ft.

Hospitals Parking study required.

Major medical facilities,
including extended care
facilities
Parking study required.

Offices, excluding
mental health
practitioners
1 space per 225 gross building sq. ft.

Offices, mental health
practitioners
1 space per 250 gross building sq. ft.

Administrative, business
and professional offices
1 space per 250 gross building sq. ft.
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Industrial
Industrial uses 1 space per 500 gross building sq. ft.

Light industrial/office
mixed-use:

Light industrial sq. ft. of
building
1 space per 500 gross building sq. ft.

Office sq. ft. of building 1 space per 250 gross building sq. ft.

Mini-storage Parking study required. Subject to approval by the community development director or hearing review
body for the development
Public utility facilities Parking study required. Subject to approval by the community development director or hearing review
body for the development.

Storage, warehousing and
distribution
1 space per 500 gross building sq. ft.

Wholesale and
distribution
1 space per 500 sq. ft. gross building sq. ft.

Cannabis testing/lab,
cannabis infused
products, cannabis
delivery and cannabis
distribution
1 space per 500 gross building sq. ft.

Marinas 3 spaces for every 4 boat slips. Plus parking for support uses in the marina, such as restaurants or
retail uses.

Public/quasi-public uses
Libraries, museums and
other cultural facilities
Parking study required. Subject to approval by the
community development director or hearing review
body for the development.

Public service and utility Parking study required. Subject to approval by the community development director or hearing review
body for the development.

Religious institutions 1 space per 4 seats.

Schools (Note: The
following are guidelines
for public schools)
Parochial, private
K—8 3 spaces per classroom or 1 space per 100 sq. ft. of auditorium space, whichever is greater.
9—12 1 space for each 4 students based on maximum school capacity, or as specified by use permit.

Vocational, business
trade schools
1 space per 150 gross building sq. ft.

Performing arts or
other
1 space per 250 gross building sq. ft.

Transportation facilities
Bus stations, park and
ride facilities, public
transit stations
Parking study required. Subject to approval by the
community development director or hearing review
body for the development.
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(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 65, 66, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, § 11), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 21—23, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.3), 8-16-2021; Ord.

No. 2002 , div. 13, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)

14.18.045 Designated parking for clean air vehicles.

A. Applicability. Parking spaces serving new nonresidential buildings shall be designated for any combination of low-emitting, fuel-efficient, and carpool/van pool vehicles, as defined by Section 5.102 of the California Green Building Standards Code, California Code of Regulations, Part 11 of Title 24.

B. Number of Short-Term Spaces Required. Parking spaces for clean air vehicles shall be provided in accord with the following chart:

Total Number of Parking Spaces Number of Required Clean Air Vehicle Spaces 0—9 0
10—25 1
26—50 3
51—75 6
76—100 8
101—150 11
151—200 16
201 and over At least 8% of total
C. Parking Stall Marking. The following characters shall be painted, using the same paint for stall striping, such that the lower edge of the last word aligns with the end of the stall striping and is visible beneath a parked vehicle: "CLEAN AIR VEHICLE".

D. Prewiring for Electric Vehicle Charging Stations. In new or substantially renovated parking facilities of twentyfive (25) or more spaces electrical conduit capable of supporting suitable wiring for an electric vehicle charging station shall be installed between an electrical service panel and an area of clean air vehicle parking spaces as required by this section. The conduit shall be capped and labeled for potential future use. (Ord. No. 1892, § 2, 2-22-2011; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.18.050 Off-street loading and unloading.

The minimum off-street loading and unloading space required for specific uses shall be as follows:

A. Retail and service establishments: one off-street loading and unloading space with minimum dimensions of ten feet (10′) in width by thirty-five feet (35′) in length, with a fourteen-foot (14′) height clearance.

B. Light industrial or mixed-use light industrial/office buildings: one off-street loading and unloading space for each twenty thousand (20,000) square feet of gross building area. Each loading space shall have minimum dimensions of twelve feet (12′) in width by sixty-five feet (65′) in length, with a fourteen-foot (14′) height clearance.
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C. Each loading area shall have adequate driveways, turning and maneuvering areas for access and usability, and shall at all times have access to a public street or alley.

D. In the office and industrial/office districts, loading areas shall not be located in required front or street side yards.

E. Off-street loading and unloading spaces shall be adequately screened from view from public rights-ofway to the satisfaction of the planning director.

F. In the downtown mixed use district, on lots less than ten thousand (10,000) square feet, and where a parking lot is provided, the loading area may be incorporated into an aisle or backup area; provided, that there is adequate backup space for required parking spaces as determined by the traffic engineer. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). ( Ord. No. 1996 , div. 2(Exh. A, 8.4), 8-16-2021)

14.18.060 Downtown parking district.

The downtown parking district boundaries shall be as defined by the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. Parking for nonresidential uses in the downtown parking district shall be provided consistent with the following:

A. The off-street parking requirement is waived for up to 1.0 FAR of the total square footage of buildings located within the downtown parking district.

B. Off-street parking for building square footage above 1.0 FAR and for all residential uses shall be provided consistent with the parking requirements the Downtown San Rafael Precise Plan Form-Based Code.
(Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992). (Ord. No. 1964 , § 2(Exh. B) § 24, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.5), 8-16-2021) Editor's note(s)—Ord. No. 1964 , § 2(Exh. B) § 24, adopted November 19, 2018, amended § 14.18.060 and in so doing changed the title of said section from "Downtown parking assessment district" to "Downtown parking district," as set out herein.

14.18.061 Reserved.

Ord. No. 1996 , div. 2(Exh. A, 8.6), adopted August 16, 2021, repealed § 14.18.061, which pertained to Downtown's West End and environs and derived from Ord. No. 1882, Exh. A, § 67, June 21, 2010.

14.18.070 Parking requirements for multiple uses.

A. Multiple Uses—Basis for Calculation. Where there is more than one use in a single structure or on a site, or two (2) or more separate instances of the same use, off-street parking requirements shall be the sum of the requirements for the various uses. Off-street parking required for one occupant of a structure shall not be considered as satisfying the required parking facilities for another occupant of the structure, unless otherwise provided in this chapter.

B. Changes in Occupancy in Multi-Tenant Buildings. Master use permits filed in accordance with Section

14.22.040, Master use permits, for multi-tenant buildings or sites with multiple uses shall specify the types and allowable amounts of various uses. The total parking provided for the site shall be consistent with 4891-1508-9091 v1
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subsection A above. When occupants of a multi-tenant building or a multiple-use site change, the approved mix and amount of land use shall be consistent with the master plan approval to ensure the provision of adequate parking facilities.
(Ord. 1625 § 1 (part), 1992).

14.18.080 Parking requirements for reciprocal uses with shared parking facilities.

When two (2) or more uses share a common parking area and when a significant and complementing variation in period of daily demands occurs (i.e., exclusive day and night uses), the zoning administrator may grant reductions in the total parking required through a use permit; provided, that in no instance shall the total parking required be less than would be required for any one of the independent uses. The zoning administrator shall base a decision to approve or deny a parking reduction on a shared parking demand study prepared by a qualified transportation engineer or other qualified parking professional. (Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 68, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 25, 11-19-2018)

14.18.090 Bicycle parking.

A. Applicability. Bicycle parking shall be required for all new nonresidential buildings and in major renovations of nonresidential buildings having thirty (30) or more parking spaces, and for all public/quasi-public uses.

B. Number of Short-Term Spaces Required.

1. Commercial, office, industrial, and multi-family residential uses: five percent (5%) of the requirement for automobile parking spaces, with a minimum of one two-bike capacity rack.

2. Public/quasi-public uses: as determined by parking study, or as specified by use permit.

3. Exempt uses: animal sales and service; motor vehicle sales and services; building materials and supplies (large-item); catering establishments; funeral and interment services; temporary uses; recycling facilities; other uses as determined by the planning director.

C. Number of Long-Term Spaces Required.

1. For nonresidential buildings with over ten (10) tenant-occupants: Five percent (5%) of the requirement for automobile parking spaces, with a minimum of one space.

D. Reduction of Vehicle Parking. Properties that provide bicycle parking in excess of the bicycle parking spaces identified in Section 14.18.090.B. and/or C. may qualify for a reduction to the overall vehicle parking requirements subject to the approval of a use permit for parking modification.

E. Design.

1. Short-Term Parking: Bike racks shall be provided with each bicycle parking space. The rack shall consist of a stationary object to which the user can lock the bike.

2. Long-Term Parking: Acceptable parking facilities include:
a. Covered, lockable enclosures with permanently anchored racks for bicycles, b. Lockable bicycle room with permanently anchored racks, or c. Lockable, permanently anchored bicycle lockers.

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4. The facilities shall provide at least an eighteen inch (18″) clearance from the centerline of adjacent bicycles on the left and right, and at least ten inches (10″) to walls or other obstructions.

5. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least five feet (5′) to the front or rear of a standard six-foot (6′) bicycle parked in a facility.

6. Bicycle parking should be situated at least as conveniently to building entrances as the most convenient car parking area, but a minimum distance of one hundred feet (100′) of a visitors' entrance.

Bicycle and auto parking areas shall be separated by a physical barrier or sufficient distance to protect parked bicycles from damage by cars.

7. Bicycle parking facilities should be located in highly visible, well-lit areas to minimize theft and vandalism.

8. Overhead coverage or rain shelters for bicycle parking facilities are encouraged.

9. The planning director (or the planning director's designated appointee) shall have the authority to review the design of all bicycle parking facilities required by this title with respect to safety, security and convenience.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1892, § 3, 2-22-2011; Ord. No. 1964 , § 2(Exh. B) § 26, 11-19-2018)

14.18.100 Parking space dimensions.

A. Standard size parking spaces shall be nine feet (9') by nineteen feet (19') in dimension, except that in downtown, the standard size parking space shall be eight and one-half feet (8.5') by eighteen feet (18') in dimension.

B. Compact parking spaces shall be eight feet (8′) by sixteen feet (16′) in dimension. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 69, 6-21-2010)

14.18.110 Compact spaces—Allowable percentage.

A. Allowable Percentage. A maximum thirty percent (30%) of the required parking spaces may be compact spaces for facilities exceeding five (5) spaces.

B. Spaces Labeled. Compact spaces shall be labeled in parking facilities as compact spaces to the satisfaction of the city traffic engineer.

C. Distribution. Compact spaces should be distributed throughout the parking lot to the extent feasible. (Ord. 1625 § 1 (part), 1992).

14.18.120 Tandem parking prohibition.

Tandem parking is prohibited, unless approved under this section:

A. Under Section 14.18.150, Alternate parking locations for uses with insufficient parking; 4891-1508-9091 v1
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B. With an environmental and design review permit under the Hillside Residential Design Guidelines Manual;
C. For an accessory dwelling unit, as provided for in Section 14.16.285 of this title; or D. As a concession granted for residential projects which include sufficient affordable housing units, as provided for in Section 14.16.030(H)(3)(a)(i) of this title.

E. Within the downtown mixed use district, when the tandem parking spaces are assigned to a single residential unit or where the tandem spaces are assigned to a single tenant subject to exception permit as outlined under Section 14.24.020.G.3.

F. As part of a mechanical or automated parking system. (Ord. 1838 § 41, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1964 , § 2(Exh. B) § 27, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.7), 8-16-2021)

14.18.130 Parking facility dimensions and design.

A. Minimum Standards.

1. The following shows the minimum dimensions for aisle widths and parking spaces for parking facilities.

Where the configuration and/or layout angle for proposed parking differs from those shown, the dimensions shall be prorated and adjusted accordingly, as approved by the city traffic engineer.

2. Aisle widths and parking space dimensions in excess of the minimum standards may be required on the recommendation from the city traffic engineer, city engineer or fire department where indicated by traffic, grade or site conditions. An exception to the minimum aisle widths may be granted, subject to Section 14.24.020(F), Parking.

Illustration A for Section 14.18.130
60° ONE WAY 60° TWO WAY

A B C D DIMENSION A B C D

STANDARD
10′-6″ 18′-0″ 20′-0″ 56′-0″ City-wide 10′-6″ 18′-0″ 24′-0″ 60′-0″ * * * * Downtown * * * *
9′-3″ 15′-0″ 20′-0″ NA COMPACT 9′-3″ 15′-0″ 24′-0″ NA
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90° TWO WAY ONE WAY PARALLEL

A B C D DIMENSION A B C D

STANDARD
9′-0″ 19′-0″ 26′-0″ 64′-0″ City-wide 22′-0″ 9′-0″ 12′-6″ 30′-6″ 8′-6″ 18′-0″ 26′-0″ 62′ Downtown * 8′-6″ * *
8′-0″ 16′-0″ 26′-0″ NA COMPACT 20′-0″ 8′-0″ 12′-6″ NA
* As approved by the Traffic Engineer.

B. Parking Spaces for the Handicapped. All parking facilities shall comply with state requirements regarding parking for the disabled, as per state Chapter 71 of the Uniform Building Code, Site Development Requirements for Handicapped Accessibility.

C. Double Line Striping. Delineation of parking stalls by double line striping is encouraged, and may be required by the city traffic engineer based on site conditions, such as "high turnover" utilization or restricted maneuvering space.

D. Tree Wells. Tree wells shall have a minimum area of thirty-six (36) square feet and a minimum interior width of six feet (6'), exclusive of curbs. See Section 14.18.160, Parking lot screening and landscaping for additional landscape design standards.

E. Curb Overhang. A minimum of two feet (2′) shall be allowed for overhang at curblines. Where overhangs are provided, the minimum stall depth (dimension "B") may be reduced by two feet (2′). Wherever "parking overhang" encroaches into sidewalk areas, the sidewalks shall be a minimum of six feet (6′) in width. In landscaped areas, ground cover and irrigation systems should not be placed within the overhang areas.

F. Parking Stall Access. Use of a required parking space shall not require more than two (2) vehicle maneuvers.

At the end of a parking facility with four (4) or more parking spaces, an aisle or driveway providing access to the end parking space shall extend at least two feet (2′) beyond the required width of the parking space in order to provide adequate on-site area for turnaround purposes.

Illustration B for Section 14.18.130
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TYPICAL END STALL TREATMENT
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 70, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.18.140 Access to public right-of-way.

A. Driveway Widths. The minimum curb cut for driveways at the face of the curb shall have the following minimum inside depressed width.

1. Serving a residential use:
6 or fewer spaces: 10 feet
7 to 24 spaces: 12 feet (1-way) or 20 feet (2-way)
25 or more spaces: 12 feet (1-way) 24 feet (2-way)

2. Serving a nonresidential use:
6 or fewer spaces: 12 feet
7 to 24 spaces: 12 feet (1-way) or 20 feet (2-way)
25 or more spaces: 15 feet (1-way) or 26 feet (2-way)
The zoning administrator, planning commission or city council may, on the basis of a recommendation from the city traffic engineer, city engineer or fire department, require driveways in excess of the above widths where needed by traffic, grade or site conditions. They may also require driveways to be constructed with full curb returns and handicapped ramps as opposed to simple curb depression.

B. Separation Distance of Driveways Serving the Same Parking Facility. Driveways serving the same parking facility shall be located at least twenty-five feet (25′) apart.

C. Driveway Grades. Driveway grades shall be subject to review and determination by the city engineer.

Maximum driveway grade typically allowed is eighteen percent (18%).

D. Encroachment Permit Required. An encroachment permit is required from the public works department for work done in the public right-of-way. (Note: See Chapter 11.04 of the municipal code). (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). 4891-1508-9091 v1
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14.18.150 Alternate parking locations for uses with insufficient parking.

To reduce existing on-street parking congestion where dwelling units were legally built with fewer than the currently required number of parking spaces, additional on-site parking for vehicles belonging to the residents of such developments shall be permitted as follows.

A. The zoning administrator, by environmental and design review permit, may approve, for single-family or duplex units, the location, including tandem parking, of additional parking spaces in the front or street side yards, providing that the following findings can be made:

1. Additional on-site parking is not used as the basis for increasing the number of residential units;

2. Such parking will not create hazards by obstructing views to or from adjoining sidewalks and streets;

3. Fifty percent (50%) of the front and street side yards are landscaped.

B. The zoning administrator, by environmental and design review permit, may approve, for multifamily development, additional on-site parking in patterns or locations that do not meet current standards, providing that the following findings can be made:

1. Such parking will not create a hazard or nuisance to the neighborhood or adjoining neighbors;

2. Such parking is likely to be used;

3. Such parking will reduce existing on-street parking congestion;

4. Needed on-site recreation facilities are not adversely affected. (Ord. 1625 § 1 (part), 1992).

14.18.160 Parking lot screening and landscaping.

New or substantially renovated parking lots with more than five (5) spaces shall provide landscaping in accordance with the following standards. Substantially renovated parking lots shall be those for which paving material and curbing is removed and the resulting lot is reconfigured. With the exception of sub-sections F, G, H, I, and J below, the provisions of this section do not apply to properties within the downtown mixed use district. The Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance includes provisions and requirements for parking lot screening and landscaping.

The following provisions shall also be used as guidelines for parking lot improvements on remodel projects.

A. Screening. Parking areas visible from the public right-of-way shall be screened to headlight height through the use of landscaped earth berms, low walls, fences, hedges, or combination thereof, with trees and plantings, or similar means. Fences, walls, and hedges need not be solid.

B. Minimum Trees. A minimum of one (1) canopy tree shall be provided for every four (4) parking spaces.

Trees shall be distributed throughout the parking area to shade cars and paved areas. Clustering of trees may be considered subject to approval of the decision-making body, where it is demonstrated that the intent will be met to provide ample shading and screening of parking areas and enhance the visual appearance of parking lots. In downtown, this section does not apply to parking lots for twenty (20) or fewer cars, and the standards in this section may be reduced for parking lots for twenty-one (21) to forty (40) cars, subject to recommendation by the design review board and with the approval of a minor design review permit.

C. Tree Selection and Distribution. Parking lot trees shall be selected and located to achieve maximum shading of paved surfaces, through utilization of the following techniques:
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1. Distribute trees uniformly throughout parking areas, incorporating use of regularly spaced finger islands (see illustration below) and landscape medians between parking rows to the extent practicable.

2. Cluster trees on southerly and westerly perimeters of parking lots.

3. Provide minimum tree canopy diameters of fifteen feet (15') and include tree species with large canopy diameters, e.g., greater than thirty feet (30').

4. Increase tree planting ratios as necessary to provide equivalent canopy coverage of the site where less than half of the required trees are proposed as large canopy tree species.

D. Minimum Size of Planting Areas and Tree Wells. Planting areas containing trees and tree wells shall have a minimum area of thirty-six (36) square feet and a minimum interior width of six feet (6'), exclusive of curbs. For large canopy tree species, tree wells shall have a minimum area of sixty-four (64) square feet and a minimum width of eight feet (8') exclusive of curbs, to the extent this larger planting area is practicable and can be accommodated on-site.

E. Curbs and Wheel Stops. A maximum overhang of two feet (2') shall be allowed for overhang of vehicles into planting areas. All planters and sidewalks located adjacent to driveways, loading areas, or parking lots shall be protected along the parking lot side with concrete curbs or wheel stops. Alternative treatments may be considered, subject to the approval of the community development director (or the director's designated appointee) or the appropriate hearing review body.

F. Irrigation. Permanent, automatic irrigation systems shall be provided for all planted areas, in compliance with Section 14.16.370 Water-Efficient Landscape.

G. Soil Preparation and Verification. Planting areas and tree wells shall be prepared by excavation to a minimum depth of three feet (3'), scarifying sides of tree wells (to promote soils integration, water absorption and healthy root growth), amendment of soil (as recommended based on soils analysis), and compaction to no more than seventy-five percent (75%) within twelve inches (12") of a curb or sidewalk. For parking lots containing twenty-five (25) spaces or more a licensed landscape architect shall monitor tree well excavation, soil preparation and tree planting and provide written verification to the community development director that excavation, soil preparation and tree planting have complied with the standards established by this subsection to promote normal healthy tree growth.

Such written verification shall be received by the community development director prior to use of the parking facility and/or occupancy of the use.

H. Maintenance. Landscaped areas associated with parking lots shall at all times be maintained in a healthy and clean condition, with replanting as necessary to maintain compliance with the previously approved landscape plan. For parking lots containing twenty-five (25) spaces or more the property owner shall obtain a minimum one (1) year maintenance contract and warranty for tree growth and provide documentation of such to the community development director prior to use of the parking facility and/or building or site occupancy.

I. Parking Structures. The top level of parking structures shall utilize light-colored/high albedo paving material (reflectance of at least 0.3), or utilize shade structures, photovoltaic carports, landscaped trellises, or trees to achieve at least fifty percent (50%) daytime shading.

J. Bio-filtration. Persons owning or operating a parking lot, gas station, area of pavement or similar facility developed with hardscape surfaces shall undertake all practicable measures to minimize discharge of pollutants to the city storm drain, in compliance with city standards, including utilization of all best management practices and the requirements of San Rafael Municipal Code Title 9.30 (Urban Runoff) enforced by the department of public works. To facilitate compliance with city storm drain pollution discharge requirements, innovative landscape design concepts may be substituted for the above standards subject to the approval of the appropriate review body, including use of permeable 4891-1508-9091 v1
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pavers, bio-swales, at grade curbs and openings in curbs to allow filtration of runoff through landscape areas. Landscape plans and alternative measures shall subject to compliance with any recommendations of the department of public works.

Illustration 14.18.160
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 8.8), 8-16-2021)

14.18.170 Lighting.

Lights provided to illuminate any parking facility or paved area shall be designed to reflect away from residential use and motorists. It is the intent to maintain light standards in a low profile design, as well as to be compatible to the architectural design and landscape plan. Light fixtures (e.g., pole and wall-mount) should be selected and spaced to minimize conflicts with tree placement and growth. (See Section 14.16.227 for additional standards on foot-candle intensity).
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.18.180 Residential districts—Garage and carport standards.

A. Single-Car Garages. The minimum interior dimensions of single-car garages shall be ten feet (10′) by twenty feet (20′).
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B. Double-car Garages. The minimum interior dimensions of double-car garages shall be twenty feet (20′) by twenty feet (20′).

C. Single-car Carports. The minimum interior dimensions of single-car carports shall be nine feet (9′) by nineteen feet (19′).

D. Double-car Carports. The minimum interior dimensions of double-car carports shall be eighteen feet (18′) by nineteen feet (19′).
(Ord. 1625 § 1 (part), 1992).

14.18.190 Recreational vehicle parking in residential districts.

In any of the following locations, parking of recreational vehicles, camper shells, trailers, boats and other similar equipment, when parked or stored incidental to the basic residential use of the property, is permitted for loading, unloading and storage purposes providing it does not obstruct the view of pedestrians and vehicles on the adjacent sidewalk and/or street and does not otherwise constitute a nuisance.

A. For Single-Family and Duplex Residential Units. Recreational vehicle parking is permitted:

1. Within the garage, carport or parking space required by the zone in which the use is located; or

2. In the front yard setback when on the driveway to the garage, carport or parking spaces required by the zone; or

3. In the front yard setback between the existing driveway and the side property line when the distance between the two is no greater than twelve feet (12′) at any point; or

4. In rear yards, interior side yards or other areas not defined as "yards," providing the unit is partially or fully screened as viewed from off-street by a solid fence that conforms to the permitted height limits, vegetation, structures or topography;

5. Recreational vehicles shall be parked in an orderly manner, generally perpendicular to the street.

Parking parallel to the front property line is prohibited;

6. No part of the recreational vehicle shall extend over the public sidewalk or right-of-way;

7. The parking space and connecting driveway shall be surfaced with gravel, concrete, asphalt or similar materials.

B. For Multifamily Residential Units (Three (3) or More Units Whether Constructed as Apartments, Townhouses or Condominiums) and Mobilehome Parks. Recreational vehicle parking is permitted in areas that are designed and constructed for such purposes under permits approved by the planning commission.
(Ord. 1163 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

14.18.200 Location of parking and maneuvering areas.

Parking or maneuvering areas, excluding access driveways, shall be prohibited in all required yard areas in the medium- and high-density residential districts.
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14.18.210 Commercial parking in MR and HR districts.

Public or private parking lots for automobiles may be permitted in a medium-density or high-density residential district adjacent to any nonresidential district, providing a use permit and environmental and design review permit are first obtained in each case.
(Ord. 1625 § 1 (part), 1992).

14.18.220 On-site and remote parking.

A. All off-street parking and loading areas required herein shall be located on the same lot and readily accessible to the specified use, provided that if the strict application of this requirement creates undue hardship and in the opinion of the planning director creates conditions contrary to desirable development practices but all other areas of intent for this chapter are complied with, remote parking areas which satisfy all or part of specific parking requirements may be approved.

B. Remote parking areas shall be located within thirteen hundred feet (1,300′) of the specified use and shall possess direct and convenient pedestrian access. Remote areas may serve more than one use, provided that the gross number of spaces available shall not be less than the combined requirements for all uses served.

C. Requests for remote, off-site parking shall require an application for a use permit and shall be subject to a review and recommendations by the community development director and traffic engineer, and approval by the zoning administrator. Upon zoning administrator approval of any remote, off-site parking area, and prior to occupancy of the proposed use, which parking satisfies the parking requirements, the owner of the lot (proposed for remote parking site) shall execute and record a declaration of restriction, legally binding or similar instrument satisfactory to the community development director, to restrict the use of the lot to public and private parking of vehicles so long as the use conducted by applicant, or the applicant's successors in interest, on the original site shall require the furnishing of parking facilities under the terms of the use permit.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 71, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 28, 11-19-2018)

14.18.230 Parking spaces—In lieu payments.

Where practical difficulty is involved in meeting the off-street parking requirements for a building hereafter constructed, the requirement may be met wholly or in part by in-lieu payments where the owner of the building site offers (in writing) to make, and the city council agrees to accept, such payments. When such an offer is made, the planning commission shall investigate and report to the city council its findings as to the reasons which are alleged to make such substitution necessary. The city council may accept or reject the proposal for substitution, and if it finds the substitution necessary, shall determine the amount of payment to be made. The payment shall equal the fair market value of the land which would otherwise have been devoted to off-street parking, plus the cost of paving and other improvements as determined by the city engineer. All moneys collected shall be used for the purchase and improvement of off-street parking facilities. Each of such facilities shall be so located as to serve primarily the general area and class of zoning district from which the respective in-lieu payments are derived. (Ord. 1625 § 1 (part), 1992).
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14.18.240 Grandfathered parking.

A. No use of land lawfully existing on the effective date of the ordinance codified in this title shall be considered nonconforming solely because of the lack of off-street parking, loading or bicycle facilities prescribed in this chapter.

B. The number of existing required parking spaces may be reduced to achieve compliance with state or federal disabled access requirements. In such instances, properties shall not be considered nonconforming solely because of the lack of off-street parking prescribed by this chapter.

C. The number of required spaces within an existing parking lot approved or established prior to adoption of this section (i.e., June 16, 2012) may be reduced in order to achieve greater conformity with the city urban runoff pollution prevention standards contained in San Rafael Municipal Chapter 9.30, as required by the department of public works, and/or the parking lot landscape regulations contained in Section 14.18.160, provided that the property owner can demonstrate to the satisfaction of the public works department and/or community development director that sufficient parking and vehicle maneuvering will remain to support the intended use(s) of the subject property. In such instances, properties shall not be considered nonconforming solely because of the lack of off-street parking prescribed by this chapter.

D. For additions or enlargements of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required, additional parking shall be required for such addition, enlargement or change. Where parking for an existing use is substandard, improvements to improve or upgrade the parking may also be required where feasible.

E. A nonconforming structure which has been damaged or destroyed more than seventy-five percent (75%) and which is rebuilt to its original condition must provide parking equivalent to prior existing parking. Where parking was substandard, improvements to improve or upgrade the parking may also be required where feasible.

F. Determination of the amount of parking improvements required to upgrade or improve existing substandard parking conditions shall be made by the community development director or the appropriate hearing review body. Such determination shall consider the size of the proposed addition in relation to the existing development, off-site parking conditions and site constraints. (Ord. 1838 § 42, 2005: Ord. 1625 § 1 (part), 1992).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014)

14.18.250 Permanence of off-street parking.

A. Once any off-street parking or loading space has been provided, which wholly or partially meets the requirements of this title, such off-street parking or loading space shall not thereafter be reduced, eliminated or made unusable in any manner which renders the on-site parking inadequate for the building and/or uses in existence on or created after the adoption of the ordinance codified in this title. Covered parking shall not be converted to uncovered parking.

B. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served, and which were in existence on the effective date of the ordinance codified in this title, or were provided voluntarily after such effective date, shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this title for a similar building or use. (Ord. 1625 § 1 (part), 1992).

Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 14.19 SIGNS
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Chapter 14.19 SIGNS

14.19.010 Purpose.

The provisions of this chapter shall regulate the location, size, type and number of signs permitted within the city of San Rafael. The purpose of this chapter shall be:

A. To safeguard and enhance property values;
B. To protect the public and private investment in buildings, improvements and open spaces; C. To preserve and improve the visual appearance of the city as a place to live and work; D. To encourage sound signage practices as a means to aid existing and new businesses and provide information to the public;
E. To ensure the preservation of freedom of speech;
F. To preserve and promote traffic safety;
G. To protect the public health, safety and general welfare of the community at large. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.020 Applicability and interpretation.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.021 Compliance as of effective date of this chapter.

The provisions of this chapter shall apply to all signs posted, installed, erected, constructed, or a change of sign copy on or following the effective date of this chapter. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.022 Applicability to sign content.

The provisions of this chapter do not regulate the message content of signs or sign copy, regardless of whether the message content is commercial or noncommercial. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political, or other noncommercial message and constructed to the same physical dimensions and character shall be permitted. For purposes of this chapter, a "commercial" message or sign is any message or sign which directs attention to commercial activity including a business, commodity, service, attraction or entertainment; and a "noncommercial" message or sign is one, which is determined not to be a commercial message or sign as defined herein. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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14.19.023 Compliance with applicable ordinances, regulations and laws.

All signs posted, erected or constructed on or following the effective date of this chapter shall comply with all other applicable laws, regulations, provisions and conditions required by the other titles of the San Rafael Municipal Code and any applicable county, state or federal approval required for such sign. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.024 Requirements for associated city permits and approvals.

Any associated city permit or approval required for a sign, including but not limited to a building permit, electrical permit, encroachment permit, or planning permit (e.g., use permit or environmental and design review permit) that is required shall be approved prior to the posting, installation, erection or construction of the sign. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.025 Interpretation of provisions of this chapter.

The community development department staff shall have the authority to interpret the provisions of this chapter. Should there be a question or disagreement regarding the interpretation of the department staff, the community development director shall review the dispute and render a determination as to the intent of the chapter provision. Sign terms and definitions used to interpret the provisions of this chapter are found in Chapter

14.03, Definitions.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.026 Severability.

In the event that any part of this chapter is held to be invalid or inapplicable to any sign or signs, it is intended that the invalid section or sections be severed from the remaining provisions in order to continue in force and effect the remaining sections of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.030 Exempt signs.

The city has a compelling public health, safety and welfare interest in the clear, accurate and effective identification of governmental and private buildings, public streets and public facilities and amenities, the safe and efficient control of traffic and parking within the city, and the expeditious notification to the public of information affecting essential public services. Therefore, the following signs are exempt from the provisions and regulations of this chapter:

A. Building and Street Address Signs. Each sign shall not exceed five (5) square feet in size and one per building for each street frontage.

B. Official Flags. Official flags of any nation, state or local government. Official flags may be placed on a pole not exceeding the height limit established by the applicable zoning district. Flags over the height limit are subject to environmental and design review pursuant to Section 14.16.120 and Section

14.25.040. The height of the flag shall be no more than one-fourth (¼) the height of the pole. 4891-1508-9091 v1
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C. Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area within fifty feet (50′) of water frontage, where primarily intended to be viewed from the water and void of any commercial messages.

D. On-Site Directional or Informational Signs. Directional or informational signs placed on-site, which are intended to provide public safety or convenience, not exceeding five (5) square feet in area per sign.

Examples of such signs include, but are not limited to, parking lot directional signs, posting of business hours and location of restrooms, telephones, "parking in rear," "drive-through service window," and "no-smoking." Premises addressing signs that are larger than five (5) square feet in size shall be exempt if the larger addressing sign is required by the Fire Code.

E. Signs Essential for Public Purposes. Signs installed by the city, a state or federal governmental agency, and public utility or service, which are essential for public purposes. Public purpose signs include, but are not limited to official signs for traffic control (e.g., street signs), fire and police signs, signs for other regulatory purposes, such as for public information and safety, public notices, emblems and other forms of official identification.

F. Interior Signs. Signs located within the interior of a building, lobby, mall or court, when such sign is intended for interior viewing. This provision does not apply to interior signs placed within ten feet (10′) of a window, where such sign is visible from a public street.

G. Nonstructural Modifications and Maintenance of Conforming Signs. Modifications and maintenance of a conforming sign that are nonstructural. Modifications do not include a change in sign face or copy, which requires the approval of a sign permit under Section 14.19.041 of this chapter.

H. Signs Regulated by State or Federal Laws. Signs that are regulated by state or federal laws, or other applicable local laws, provided that such signs are sized and located to be consistent with the state, federal, or local applicable laws. Examples of such signs include the posting of gasoline and fueling station price signs.

I. Community Gardens Signs. Informational signage required for community gardens as outlined in Section 14.17.030, provided that such signs do not exceed the maximum allowable size contained in said section.

J. Community Service Signs. Signs installed on city owned property by the city of San Rafael for the purpose of providing multi-lingual information of: upcoming events, classes, meetings and/or update on neighborhood/community issues. These signs may be electronic face and contain moving messages for the purpose of allowing dissemination of information in multiple languages and shall be subject to the following standards:

1. Number of Signs: One electronic message signs shall be permitted per site.

2. Size of Signs: Signs shall be a maximum size of forty-eight (48) square feet.

3. Height of Signs: Free-standing electronic message signs shall not exceed a height of six feet (6′).

4. Sight Distance: Free-standing electronic message signs shall provide an adequate line of sight distance pursuant to Section 14.16.295.

5. Hours of Use: Electronic message signs shall be equipped with a timer to assure the signs are not used between the hours of 10 p.m. and 7 a.m.

6. Length of time for display of each message: Electronic message signs may display changing messages provided that each message is displayed for no less than four (4) seconds.

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according to ambient light conditions (e.g., photocell technology), or that can be adjusted to comply with the 0.3-foot candle requirement.

8. The signs shall not include neon lights.

9. The signs shall be subject to a ninety (90) day post installation review. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, § 72, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 29, 11-19-2018)

14.19.040 Sign application and permit procedures.

Except for those signs that are exempt under Section 14.19.030, all signs shall require the approval of a sign permit and shall follow the permit procedures set forth in Sections 14.19.041 through 14.19.049. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.041 Sign permit required.

A sign permit shall be required for all signs that are posted, installed, erected or constructed, and for changes in sign copy or face of existing signs.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.042 Application.

All sign permit applications shall be filed with the community development department, planning division and shall include the following information:

A. A completed application form containing a written description of the sign size and location. The form shall be signed by the property owner or an authorized representative such as a licensed sign contractor, or purchaser under a contract of sale or lessee.

B. The application fee, as amended from time to time by resolution of the city council.

C. Graphic materials, drawn to scale and dimensioned, describing the sign location and design.

Application materials shall include elevations, drawings, plot and site plans, profiles, photographs, proposed illumination, color and material samples, an inventory of all existing signs on the subject property and other pertinent information which may be deemed necessary to review and render a decision on the application.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.043 Review authority.

Application, administration and authority over the provisions and requirements of this chapter shall lie with the following official bodies or officials:

A. Community Development Director. The community development director or his or her designee has the authority to:

1. Approve, conditionally approve or deny a sign permit, as set forth in Section 14.19.048(A) and signs requiring a minor exception, as set forth in Section 14.19.048(B). Refer a sign permit 4891-1508-9091 v1
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application to the design review board for advisory review and recommendation on design matters relating to a sign proposal.

2. Approve, conditionally approve or deny a request for an extension to an approved sign permit and requests to extend, modify or revise an approved sign program.

B. Planning Commission. The planning commission has the authority to approve, conditionally approve or deny:

1. A sign program, as set forth in Section 14.19.046;

2. Signs requiring a major exception, as set forth in Section 14.19.045;

3. Signs incorporated into the design of new buildings or major design improvements proposed to existing buildings and properties, and mural signs subject to an environmental and design review permit, as set forth in Chapter 14.25;

4. Appeal of sign permit actions of the community development director.

C. Design Review Board. The design review board shall serve as an advisory body to the planning commission and community development director on all sign programs and environmental and design review permits for building and site improvements that include signs, including mural signs. As determined on a case-by-case basis by the community development director or planning commission, the design review board may provide advisory review and recommendations on other sign matters.

DC. Appeals. All decisions of the community development director or the planning commission can be appealed in accordance with the provisions of Chapter 14.28, Appeals. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.044 Criteria for approval of signs.

All signs requiring sign permit approval shall comply with the provisions of this chapter, unless an exception has been granted or a sign program has been approved, which authorize deviations from these provisions. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.045 Exceptions (major and minor).

When a proposed sign(s) deviates from the provisions and standards of this chapter pertaining to sign size, placement, type, number, design and type of illumination, an exception request may be filed with a sign permit application, subject to the following:

A. Minor Exceptions. A minor exception applies to requests which do not deviate from the sign provisions for size and height by more than twenty percent (20%), or when the community development director determines that alternative placement, number, type, design or illumination of a proposed sign(s) would be minor and appropriate for the site, business or use.

B. Major Exceptions. A major exception applies to requests, which deviate from the standard or provisions for sign size and height by more than twenty percent (20%), or when the community development director determines that alternative placement, number, type, design or illumination of a proposed sign(s) would be major.

C. Findings for Approval of an Exception. The following findings shall be made in rendering a decision on a request for exception:
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1. The exception is necessary to overcome special or unusual site conditions such as exceptional building setbacks, and lack of or limited visibility due to orientation, shape or width of the property and building improvements;

2. The exception is appropriate in that it would allow signage that would be in proper scale with the building and site improvements, would be compatible with other conforming signs in the immediate vicinity, and would promote a good design solution; and

3. The exception would permit an improvement that would not be detrimental or disruptive to the safety or flow of vehicular or pedestrian traffic either on-site or off-site.

D. Not Applicable. The exceptions process shall not apply or be used to permit a prohibited sign, as set forth under Section 14.19.080 of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.046 Sign programs.

The establishment of a sign program shall be an alternate to the sign standards and provisions contained in this chapter under certain circumstances, as follows:

A. Purpose. Sign programs are specifically intended for unique use and property circumstances with the purpose of addressing multiple uses on one site or multiple signs for uses with special sign needs. Sign programs shall be used to achieve aesthetic compatibility between the signs within a project, and may allow some flexibility in the number, size, type and placement of signs.

B. Applicability. Sign programs are permitted specifically for shopping centers, a single building or multiple buildings containing multiple tenants on one or more contiguous sites, signs proposed in a planned development (PD) district, gasoline or fueling stations and automobile or vehicle dealerships and movie theaters only. Sign programs shall not be used for other uses or conditions with the intent to deviate from the provisions of this chapter.

C. Design Continuity. Sign programs shall be designed so that all signage has a consistent and common design theme and placement, utilizing common materials, colors and illumination.

D. Findings Required for Approval of a Sign Program. The planning commission shall make the following findings in rendering a decision on a sign program:

1. All of the signs contained in the program have one or more common design elements such as placement, colors, architecture, materials, illumination, sign type, sign shape, letter size and letter type;

2. All of the signs contained in the program are in harmony and scale with the materials, architecture, and other design features of the buildings and property improvements they identify, and the program is consistent with the general design standards specified in Section

14.19.054; and

3. The amount and placement of signage contained in the program is in scale with the subject property and improvements, as well as the immediately surrounding area. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.047 Environmental and design review permit.

When new buildings are proposed for development or exterior design modifications are proposed to existing buildings subject to an environmental and design review permit (as set forth in Chapter 14.25), signage shall be 4891-1508-9091 v1
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incorporated into the design improvements of the project. Under these circumstances and unless approved as part of a sign program, signage shall be considered and processed with the required environmental and design review permit, as set forth in Chapter 14.25. When signage is reviewed and approved with an environmental and design review permit, no separate sign permit shall be required provided that:

A. The signage complies with the provisions of this chapter; and B. The size, placement, design, number and illumination parameters of the permitted signage are adequately documented in the approved plans or conditions of approval for the environmental and design review permit.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.048 Processing and noticing requirements.

The following processing and noticing procedures shall be followed prior to rendering a decision on a sign permit, an exception or a sign program:

A. Sign Permit, Administrative Approval. Following review of a sign permit application for compliance with the provisions of this chapter and other applicable approvals, the community development director, or his or her designee, shall render a decision on the application. A decision on a sign permit application may be rendered without notice to surrounding property owners.

B. Minor Exceptions and Modifications to an Approved Sign Program. Following review of an application for and prior to rendering a decision on a minor exception or a modification or revision to an approved sign program, property owners contiguous to the subject property shall be mailed a public notice informing them of the director's intent to act on the application. The notice shall indicate that the director will take action on the application, on or after the date, which is fifteen (15) calendar days following the date of the notice.

C. Major Exceptions, Sign Programs, Mural Signs and Appeals. Major exceptions, sign programs, mural signs, appeals and other sign-related applications requiring planning commission action shall be noticed consistent with the requirements of Chapter 14.29, Public Notice.

D. Prompt Review and Action. Review and action on any sign permit, exception or sign program applications or on any administrative appeal of any action taken by the city on these applications shall be prompt and expeditious, according to the provisions of law and the city's municipal code and procedures. Judicial review shall be in accordance with the provisions of Code of Civil Procedure Sections 1094.8 et seq.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.049 Time limits for sign permit and related sign approvals.

A. Initial Time Limits. All sign permit, sign program and exception approvals shall expire six (6) months from the action date, unless the approved sign(s) has been installed, erected or posted, or unless another time limit is specified as a condition of approval.

B. Time Limits for Extensions. Prior to expiration of a sign permit, sign program or exception, the applicant may apply to the community development department for an extension from the date of expiration.

C. Automatic Extension when Subsequent Permits are Approved. The expiration date of the sign permit, sign program or extension shall be automatically extended when a building permit, electrical permit, 4891-1508-9091 v1
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encroachment permit or similar subsequent permit is granted. The approval shall be automatically extended to concur with the expiration date of the subsequent permit. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.050 General sign provisions.

All signs subject to the provisions of this chapter shall comply with the following general sign provisions. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.051 Types of signs.

Examples of sign types are presented in Figure 14.19-1. A definition for these sign types is provided in Chapter 14.03, Definitions. The type of sign that is permitted for a business or use shall be regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. 4891-1508-9091 v1
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Figure 14.19-1
Types of Signs
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.052 Computation or determination of permitted sign area.

To determine sign compliance with sign area limitations of this chapter, sign area shall be measured as follows:

A. Measuring Surface Sign Area. Surface area of a sign shall be calculated as follows:

1. By enclosing the extreme limits of all framing, writing, logo, representation, emblem and other display including, among others, telephone numbers and internet web site addresses within a single, continuous perimeter composed of squares or rectangles. This method of sign measurement is depicted in Figure 14.19-2.
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2. When a sign is comprised of individual letters, which appear as an unframed surface, the script and logo for each line shall be calculated separately. When distance between two (2) lines of script is more than twice the height of the script, each line shall be counted as one sign. This method of sign measurement is depicted in Figure 14.19-2.

3. The area of the sign shall be taken as the area of one face.

B. Measuring Three-Dimensional Objects. Signs that are spherical, conical, cylindrical, and non-geometric three-dimensional shapes shall be measured as the area of their maximum projection upon a vertical plane. This method of sign measurement is depicted in Figure 14.19-3.

Figure 14.19-2
Measuring Surface Sign Area
C. Measuring Double-Faced (back-to-back) Signs. The area of a double-faced sign where the sign faces are placed back-to-back shall be calculated as a single sign face.

D. Measuring Double-Faced or Multiple-Faced Signs where More than One Sign Face is Visible from Any One Location. The area of all faces that can be viewed from any one direction at one time shall be counted in determining the permitted sign area.

E. Tubing or Strings of Lights. Exclusive of seasonal decorations and lighting, illuminated tubing and strings of lights used to outline portions of a building or windows shall be included in the calculation of permitted sign area. The tubing or strings of lights shall be deemed to have a minimum width of six inches (6″) in the calculation of the sign area. When illuminated tubing and strings of lights border an area that forms a substantially closed geometric shape, which contains signage within this shape, all area within the closed shape shall be considered the sign area.

F. Clocks and Temperature Display. Elements of a sign displaying time of day and temperature shall be included in measuring the surface sign area, when such elements are clearly a part of or integral to a sign or sign structure displaying the business or use. Clocks and architectural elements and structures solely displaying time of day or temperature in analog or digital format are considered signs and are subject to the provisions of this chapter.

G. Supporting Framework, Bracing, Pedestals or Foundations. Supporting framework, bracing, pedestals or foundations that are clearly incidental to or separate from the sign display shall not be computed as 4891-1508-9091 v1
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sign area. Examples of this condition would be a solid foundation or pedestal base on a monumenttype sign. When such members are designed or illuminated so as to contribute to the advertising qualities of the sign display, the area of such members shall be computed as sign area.

H. Sign Frames. Signs, which are framed or have distinguishing color background shall be measured by the entire area of the sign and background, including the framing surfaces. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.053 Location, placement and design of signs.

The location and placement of a sign shall be subject to the following:

A. On-Site Location Only. All signs shall be located on the same site or building as the subject business or use, except as otherwise permitted by the provisions of this chapter.

B. No Obstruction of Exits, Windows and Safety Equipment. No sign shall be built, placed, posted or affixed in any manner where a portion of the sign or its supports would interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.

C. Maintenance of Adequate Sight Distance. No sign shall be built, placed, posted or affixed in any manner or location where it will physically impede or cause hazardous obstruction to the visibility of vehicles or persons entering or exiting doorways or driveways that are proposed or are in use.

D. General Placement of Signs. The permitted sign(s) for a business or use shall be placed on the street front face or front elevation of the building where the business or use is located (see definition for frontage, business or use in Chapter 14.03) with the following exceptions:

1. Where a building is located on a one-way street, or where public visibility of the front face or front entrance of the building is limited or impaired, the permitted sign may be placed on the side or rear face or elevation of the building to improve visibility, provided that the provisions for sign size and number are not exceeded.

2. Where a business or use is within a multi-tenant building and has no frontage, or is located on a floor above or below the ground floor level, identification for the business or use shall be limited to a building directory sign placed at the building entrance, or on a multi-tenant, monument sign, when such sign is permitted under the provisions of this chapter.

E. Frontage on Corner Lots. On corner lots where a business or use has frontage on two (2) streets, signs may be placed on both street frontages, but the permitted square footage for each building front may not be transferred from one street frontage to another.

F. Frontage on a Public Parking Lot or Public Parking Structure. Where a business or use has frontage on and an entrance access to a public parking lot or public parking structure, this frontage shall be considered the same as frontage on a public street when determining permitted sign area.

G. Placement of Window Signs. No more than twenty-five percent (25%) of the area of a framed window or a continuous window area shall be used for a sign. When a window contains multiple panes, the framed area of the whole window, inclusive of the individual paned areas, shall be used in calculating the permissible sign area. Except in the downtown districts where second floor business signs are permitted, window signs shall be permitted only in windows located on the ground floor of a structure.

Permanent window signs shall be counted against the overall, permitted sign area and number and shall be subject to the same provisions and limitations as for wall signs.

H. Placement and Design of Marquee Signs. The location and placement of marquee signs shall be subject to the following provisions:
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1. A minimum vertical clearance of eight feet (8′) above the sidewalk, path, public property, public right-of-way or easement shall be maintained.

2. Signs shall not project beyond the ends or sides of the marquee.

3. Signs placed on the face of a marquee may extend above the top of the marquee provided that this extension is not more than one-half (½) the height of the marquee face and is below the building roofline.

I. Placement and Design of Projecting and Blade Signs. The location and placement of projecting and blade signs shall be subject to the following provisions:

1. The maximum permitted sign area for a projecting sign shall be thirty-six (36) square feet, except in the downtown mixed use district. In the downtown mixed use district, a projecting sign shall not exceed five (5) square feet in area.

2. A minimum vertical clearance of eight feet (8′) above the sidewalk, path, public property, public right-of-way or easement shall be maintained.

3. Signs shall be placed at or below the sill of the second floor windows in a multi-story building or below the eave line of a single-story building. Projecting signs shall be permitted for a ground floor business or use only.

4. Signs shall not project more than a distance of six feet (6′) from the building face, including all structural members. In no case shall the sign project closer than two feet (2′) from the street curb.

5. Signs shall be placed to maintain appropriate sight distance.

6. When projecting and blade signs are illuminated, the conduit and wiring that provides the source of illumination shall be concealed or screened, to the extent feasible.

7. To avoid visual clutter, a minimum distance of fifteen feet (15′) shall be maintained between projecting and blade signs that are located on the same property. This provision does not apply in the downtown mixed use district.

J. Placement and Design of Mansard Signs. Mansard signs shall be located on the lower two-thirds (2/3) of the roof slope and shall not project more than three feet (3′) from the sloped roof face at any point.

The sign ends of a mansard sign shall be designed to return and be flush with the roof surface, so that the rear of the sign and the sign bracing is not visible.

K. Placement and Design of Awning Signs. The location and placement of awning signs shall be subject to the following provisions:

1. Signs may be placed on the sides or ends of the awning. However, each sign placed at this location shall be counted as one of the permitted signs for the business or use.

2. The sign shall cover no more than fifty percent (50%) of the front face area of the awning and fifty percent (50%) of the awning sides or ends.

3. When awning signs are illuminated, the illumination shall be limited to the sign script and logo only. Illumination designed to light the entire awning is not permitted.

L. Placement and Design of Freestanding Signs. The location and placement of freestanding signs shall be subject to the following provisions:

1. Signs shall be placed so that the sign face is perpendicular to the public street or right-of-way, to the extent possible.
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2. A minimum distance of seventy-five feet (75′) shall be maintained between any two (2) freestanding, pole or pylon-type sign. Where there is less than seventy-five feet (75′) between two (2) such signs, a freestanding sign may be permitted provided that it is limited to a monument-type sign, as specified in Table 14.19-1.

3. A freestanding sign shall not exceed the height of the building on the site where the sign is located.

4. Freestanding signs are permitted on sites, which have a minimum frontage width of fifty feet (50′) and minimum building setback of fifteen feet (15′). Freestanding signs are regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter. The general sign area and height limits for all freestanding signs are as follows (Table 14.19-1):

Table 14.19-1
Requirements and Limitations for Freestanding Signs
Location Minimum Lot
Frontage
Minimum
Building
Setback+
Maximum Sign
Area
Maximum Sign
Height++
Permitted Sign
Type
General
Location
50—75 feet 15 feet 32 sf 6 feet Monument
76+ feet 25 feet 36 sf 21 feet Monument,
Pole/Pylon
FreewayOriented* 50—75 feet 15 feet 32 sf 6 feet Monument 76—99 feet 25 feet 36 sf 21 feet Monument,
Pole/Pylon
100—249 feet 25 feet 50 sf 21 feet** Monument,
Pole/Pylon
249+ feet 35 feet 72 sf 21 feet** Monument,
Pole/Pylon
* "Freeway-Oriented" means those businesses and uses directly facing a frontage road, which is both parallel to and generally level with US Highway 101 or Interstate 580. ** Height bonus permitted: one (1) foot of sign height for every five (5) feet of sign setback measured from the property line, up to a maximum sign height of 25 feet.
+ Minimum building setback measured from property line. ++ Freestanding sign height shall be measured from the ground level or grade at which the sign is placed to the highest elevation point of the sign.

Note: See Table 14.19-2 (Sign regulations for zoning districts) and Section 14.19.060 (Commercial office, industrial marine districts) for additional requirements.

M. Placement and Design of Changeable Copy Signs. Changeable copy signs shall be permitted in conjunction with the approval of a sign program. In the event the signage is not part of a sign program, a changeable copy sign may be proposed with a request for a sign permit in any zoning district subject to the following:

1. The but the changeable copy face shall be no more than fifty percent (50%) of the sign face area.; and

2. The sign shall require review and a recommendation by the design review board. 4891-1508-9091 v1
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N. Placement of Signs on Public Bus Shelters. Signs placed on public bus shelters under contract with the city are permitted subject to the approval of an environmental and design review permit.

O. Placement and Design of Mural Signs. Murals that are defined as a sign in Chapter 14.03 are permitted subject to the approval of an environmental and design review permit by the planning director. The sign shall require review and a recommendation by the design review board.

P. Placement and Design of Directory Signs. Directory signs shall be placed at the building entrance that provides primary access to the businesses or uses contained within the building. Directory signs shall not exceed ten (10) square feet in area, and shall be affixed to the wall of the building (wall sign). (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, §§ 73, 74, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 9.1), 8-16-2021)

14.19.054 General design standards.

All signs subject to the approval of a sign permit shall comply with the following design and performance standards:

A. Sign Design. The design of the sign, including the shape shall be:

1. An integral part of, compatible with, and complement the design of the buildings and improvements on the site where the sign is to be located and shall be compatible with the character and design of signs in the immediate neighborhood of the site. Creative and unique design is encouraged provided that the design is appropriate for the site and improvements and compatible with the character of the surrounding area.

2. The sign message, including the use of graphic symbols shall be simple. Lettering shall be legible, uncomplicated, and appropriate to the image of the building.

B. Sign Type. The type of sign shall be appropriate for the building and improvements on the site where the sign is to be located. The following sign types are encouraged:

1. The use of individual letters incorporated into the building design is encouraged and preferred over signs contained in a canister or frame, or signs directly painted on the surface of a building.

2. Monument-type freestanding signs are encouraged and preferred over pylon or pole-type signs.

Upon request, a bonus sign area of ten percent (10%) above the maximum permitted sign area will be granted as an incentive to select one of the encouraged sign types. A request for bonus sign area must be included in the application for a sign permit.

C. Sign Colors and Materials. The colors and materials for the sign shall be compatible with and complement the colors and materials of the buildings and improvements on the site where the sign is to be located. The following standards are required:

1. Sign colors shall be subtle. Bright and reflective colors shall be avoided, unless such colors are proposed to promote a creative or unique sign design. The use of contrasting colors between sign background and the sign script or logo is encouraged to maximize legibility.

2. Sign materials shall be compatible with the materials used on the buildings and improvements found on the site.

3. Sign materials that are metal or have reflective qualities shall have a matte or non-glare surface. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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14.19.055 Illumination standards.

The illumination of signs from an artificial source shall be minimized to avoid a nuisance, hazard, light and glare on the property where the sign is to be located and on the surrounding neighborhood. The following sign illumination standards shall be required:

A. Sign Illumination Regulated by Zoning District. The type of sign illumination that is permitted shall be regulated by zoning district, as specified in Section 14.19.060 and Table 14.19-2 of this chapter.

B. Illumination that is Permitted. All lighting shall comply with current electrical code requirements. The following types of illumination are permitted:

1. Internal illumination. The light source is internally located or concealed behind an opaque face of individuals letters or a framed canister. The rays of illumination go through the face of the sign or are projected outwards toward the edge of the sign forming a halo around the sign frame.

2. External, indirect illumination. The light source is exposed and directed toward the sign face but is shielded or concealed from view with proper shields or glass lenses to avoid glare. Examples of external illumination include gooseneck light fixtures and ground mounted light fixtures.

3. Reflective illumination. Illumination that is not electrically charged, but responds to light, such as from passing vehicle headlights, by shining or glowing.

4. Neon. Exposed neon or other gas-filled tubing is permitted with limited use. ., subject to review and a recommendation by the design review board.

C. Illumination Intensity. No sign shall be illuminated so that the primary source of the light is visible beyond the property line or in any way will cause excessive glare or brightness. The city shall reserve the right to require and/or complete a post-installation inspection of the sign illumination. If, as a result of this inspection it is determined that the illumination is too bright and adversely impacts adjacent properties and uses, the city can require a reduction and/or adjustment in the intensity of the sign illumination, so that it is in keeping with the general level of illumination on surrounding properties.

D. Illumination that is Prohibited. Except as permitted by Section 14.19.030.I.,the following types of illumination are prohibited:

1. Blinking, flashing or fluttering lights or illumination that has a changing light intensity, brightness or color;

2. Animation or moving messages;

3. Searchlights.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 30, 11-19-2018)

14.19.060 Zoning district sign standards.

The size, type, number and illumination of signs shall be regulated by zoning district. Except for those signs not subject to a sign permit under Sections 14.19.030 and 14.19.070 of this chapter, or signs authorized through approval of a sign program under Section 14.19.046 of this chapter, all signs approved and erected on and following the date this chapter is enacted shall comply with the standards and limitations set forth in this section and in Table 14.19-2 for each zoning district.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
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14.19.061 Allowance—Number of signs permitted.

The maximum number of signs that are permitted for a business or use shall be regulated by zoning district, as specified below and in Table 14.19-2 of this chapter. Where more than one sign is permitted for a business or use, the combined area of the signs shall not exceed the sign square footage limit that is allotted. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.062 Single-family residential and duplex residential districts.

In order to protect and preserve the character and quality of life in the single-family residential and duplex residential districts, signs located in these districts shall be limited in number, type, size and illumination, so as to minimize signage, while allowing necessary identification of the subject uses. Permitted signs include the following, and as specified in Table 14.19-2:

A. Permitted uses in the single-family and duplex residential districts shall be allowed one wall sign per residential unit, not exceeding five (5) square feet in area. No sign permit is required. Examples of signs for permitted uses would be, among others, signs displaying a residential nameplate, or a small residential care, family care home or day care facility for six (6) or fewer residents. Home occupation signs are regulated under Section 14.16.220(D) of this title.

B. Conditional uses in the single-family and duplex residential districts that are subject to the approval of a use permit shall be allowed one wall or monument-type sign, not exceeding twenty (20) square feet in area. Examples of signs for conditional uses would be, among others, signs displaying a school, a religious institution, or a large residential care, day care or family care facilities for seven (7) or more residents, children or adults.

C. Monument-type signs sited at the entrance of a neighborhood or subdivision, placed on private property, not exceeding twenty (20) square feet per sign and two (2) per entrance. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.063 Multiple-family residential and residential or office districts.

Signs located in all multiple-family residential and residential or office districts shall be limited in size and illumination, as these districts provide a transition between the single-family and duplex residential districts and the non-residential districts. Permitted signs include those signs permitted in the single-family and duplex residential districts, except that a greater number and amount of sign area, and a broader range of sign types are permitted, as specified in Table 14.19-2.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.064 Commercial, office, industrial, marine related districts.

Signs located in all commercial, office, industrial, and marine related districts shall be permitted sign area based on the linear width of business or use frontage (see definition for frontage, business or use in Chapter

14.03), as follows:

A. Single-Tenant Buildings. All non-residential uses except for office uses, shall be permitted one square foot of sign area for each linear foot of business or use frontage, up to a maximum of two hundred (200) square feet. For buildings with more than two hundred feet (200′) in linear frontage width, a maximum sign area of two hundred (200) square feet shall be permitted. Office uses shall be permitted 4891-1508-9091 v1
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one-half (½) square feet of sign area for each linear foot of building frontage, up to a maximum sign area of one hundred (100) square feet of sign area, regardless of building frontage width.

B. Multiple-Tenant Buildings. For all non-residential uses, except for office uses, each ground floor occupant shall be entitled to one square foot of sign area for each linear foot of business or use frontage, with each occupant entitled to a minimum sign area of twenty-five (25) square feet. For office uses, each ground floor occupant shall be entitled to one-half (½) square feet of sign area for each linear foot of office tenant frontage, with each office use entitled to a minimum sign area of fifteen (15) square feet.

C. Where a business or use is located in a multiple-tenant building, and where such business or use has no frontage or is located on a floor above or below the ground floor level, identification shall be limited to a building directory sign or multi-tenant monument sign, as provided in Sections 14.19.053(D)(2) and

14.19.053(P) of this chapter.

D. For buildings with less than twenty-five feet (25′) in linear frontage width, a minimum sign area of twenty-five (25) square feet shall be permitted for all non-residential uses except for office uses. For such buildings containing office uses, a minimum sign area of fifteen (15) square feet shall be permitted.

E. For a single business or use with more than one frontage or where a business or use is contained in more than one building, each frontage shall be considered and calculated separately in determining permitted sign area. However, in no case shall one business or use be permitted more than an aggregate sign area of two hundred (200) square feet. For office uses, the maximum permitted, aggregate sign area shall be one hundred (100) square feet.

F. For all non-residential uses except for office uses, a maximum of two (2) permanent signs shall be permitted per frontage for each business or use except as follows:

1. There shall be no more than one freestanding sign per lot or parcel.

2. There shall be no more than one projecting sign per business or use.

3. Office uses shall be permitted a maximum of one permanent sign per frontage for each office tenant.

G. Small, ancillary, informational signs are not included in the calculation of the allowable sign area or number, if such signs, in aggregate, do not exceed five (5) square feet in area. Examples of such signs include, among others, signs displaying hours of operation, business and association memberships, credit cards that are accepted, "now hiring" signs and restaurant menus. (Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.065 Downtown mixed use district.

Size, placement and design of signs in the downtown mixed use district are intended for view primarily by pedestrians and persons in vehicles nearby at the street level, not from long distances. The unique characteristics found in the downtown mixed use district include a higher density of business uses, and multiple ground floor business uses, which substantiate special sign provisions. Signs located in the downtown mixed use district shall be subject to the following provisions:

A. Permitted sign area shall be based on frontage width of a business or use, per the provisions of Sections 14.19.064(A) through (E) and 14.19.064(G).

B. For all non-residential uses except office use, a maximum of three (3) signs shall be permitted per frontage for each business or use, which may be a combination of sign types. For office uses in the 4891-1508-9091 v1
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downtown mixed use district, a maximum of one sign shall be permitted per frontage for each business or use.

Table 14.19-2
Sign Regulations for Zoning Districts
Zoning
District
Permitted
Sign Type
Permitted
Number
of Signs
Maximum Sign
Area**
Maximum
Sign
Height
(freestanding)
Permitted
Illumination
SingleFamily
Residential
& Duplex
Residential
Districts
Wall [permitted
uses, see Section

14.19.062(A)]
One (1) per
residence
Five (5) square
feet
NA No
illumination+
Monument
[subdivision or
neighborhood
sign]
Two (2) per
entrance
Twenty (20)
square feet (per
sign)
Six feet (6′) External
illumination
only+
Wall,
Monument,
Directory,
Changeable
Copy [uses
subject to
approval of a
Conditional Use
Permit, see
Section

14.19.062(B)].

One (1) per
site
Twenty (20)
square feet
Six feet (6′) External
illumination
only+
MultipleFamily
Residential
Districts &
Residential/
Office
Districts
Wall,
Projecting/Blade,
Awning,
Monument,
Directory,
Changeable
Copy
Two (2) per
site
Multiple-Family
Residential
Districts: Twentyfive (25) square
feet (e.g.,
building
identification,
rental & vacancy
information)**
Residential/Office
Districts: Thirtysix (36) square
feet**
Six feet (6′) External
illumination
only+
Commercial,
Office,
Wall, Window,
Projecting/Blade,
For
nonresidential
For
nonresidential
Six feet (6′)
for
External
illumination,
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Industrial,
Marine
Related
Districts
(NC, GC, O,

C/O, FBWC,

LI/O, I,

CCI/O, M
and MC)
Awning,
Marquee,
Mansard,
Monument,
Directory,
Changeable
Copy and
Pole/Pylon signs
uses except
office uses:

Two (2) per
frontage of
business or
use**
uses except office
uses:

One (1) square
foot for each
linear foot of
building width of
business or use
frontage**
Minimum sign
area of twentyfive (25) square
feet. See

14.19.064.
monument
signs
Twenty-one
feet (21′) for
pole/pylon
signs
Twenty-five
feet (25′) for
freewayoriented
pole/pylon
signs*
Internal
illumination,
Reflective
illumination
and Neon
For office
uses:

For office uses:

One (1) per
frontage of
business**
One-half (½)
square foot for
each linear foot
of building width
of business
frontage**
Minimum sign
area of fifteen
(15) square feet.

See 14.19.064.

Downtown
Mixed Use
District
Wall, Window,
Projecting/
Blade, Awning,
Marquee,
Mansard,
Monument,
Directory,
Changeable
Copy and
Pole/Pylon sign.

Three (3) per
frontage of
business or
use, except
for office use
(1 max)**
Same as
permitted in the
Commercial,
Office, Industrial
and Marine
Related Districts.

Six feet (6′)
for
monument
signs
Twenty-one
feet (21′) for
pole/pylon
signs
External
illuminated,
Internal
illumination,
Reflective
illumination
and Neon
Second floor
tenant: Window
Second floor
tenant: One
(1) per use.

Second floor
tenant: Five (5)
square feet
NA No
illumination
permitted.

Other
Districts
Compliance with
standards and
provisions of the
zoning district
that is most
similar to the
Compliance
with
standards and
provisions of
district most
similar to the
Compliance with
standards and
provisions of
district most
similar to the
subject zoning
district.

Compliance
with
standards and
provisions of
district most
similar to the
Compliance
with
standards
and
provisions of
district most
similar to
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subject zoning
district.
subject zoning
district.
subject zoning
district.
the subject
zoning
district.
;note; + ;hg;Exception: Internally illuminated and backlit illumination permitted for property and building address signs.
* Freeway-oriented signs are permitted for businesses and properties, which directly face a frontage road that is both parallel to and generally level with Highways US 101 or I-580 (Table 14.19-1). ** Unless, as noted, where more than one (1) sign is permitted for a business or use, the combined area of the signs shall not exceed the maximum permitted sign area (see Section 14.19.061).

Note: See Table 14.19-1 (Requirements and limitations for freestanding signs) and Section 14.19.053.L (Placement and design of freestanding signs) for additional requirements.

C. Projecting and marquee signs placed under a roof eave or awning are encouraged to provide pedestrian-oriented signage. Projecting signs shall not exceed five (5) square feet in area.

D. Second floor tenant window signs are permitted and shall not exceed one (1) per business or use and five (5) square feet in area.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, § 75, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 9.2, 9.3), 8-16-2021)

14.19.066 Other districts.

Signs located in zoning districts other than those referenced in Sections 14.19.062 through 14.19.065 of this chapter shall comply with the standards and provisions of the zoning district that is most similar to the subject district.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.070 Temporary signs.

The city recognizes that temporary signs are often used as a means of communicating messages, whether commercial or noncommercial, as to certain temporary or short term matters or events such as commercial promotions, special events or activities, elections and current events. The regulations in this section are intended to allow the expression of such communications while minimizing the adverse aesthetic or public safety impacts that may be caused by the uncontrolled proliferation and abandonment of such signs, such as visual clutter, traffic obstruction and accumulation of debris. The following signs are considered temporary and may be posted on site for a limited period of time in accordance with the provisions of this chapter. Unless noted below as not requiring sign permit approval, temporary signs require the approval of a sign permit prior to being installed or erected:

A. City-Installed Banners. Banners, signs, and associated supporting structures installed by the city for events and announcements, which are placed across or over a public street, or affixed to street light poles. The location, placement and provisions for such banners, signs and supporting structures shall be established by standards and subject to fees, as set forth by resolution of the city council from time to time. No sign permit is required.

B. Noncommercial Signs. Temporary signs bearing ideological, political or other noncommercial message, including, but not limited to, political and election signs may be located on a site or place of business. 4891-1508-9091 v1
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The total sign area permitted per site or place of business shall not exceed thirty-two (32) square feet.

Noncommercial signs may be displayed for a maximum of ninety (90) days per calendar year. Signs relating to an election shall be removed no later than ten (10) days following the election. No sign permit is required.

C. Real Estate Sale and Leasing Signs. Temporary real estate sale and leasing signs shall be subject to the following:

1. On-Site Display. Ground-mounted or placed on the building, not exceeding five (5) square feet and one (1) in number per building for single-family, duplex residential and multiple-family residential uses. On-site display signs shall not exceed twenty (20) square feet and two (2) in number for all nonresidential uses.

2. Off-Site Display. A-frame or ground-mounted, placed off-site such as for announcement of an open house, not exceeding five (5) square feet in size. Open house signs shall be permitted between the hours of ten a.m. (10:00 a.m.) and seven p.m. (7:00 p.m.) on Saturdays, Sundays, Thursdays (brokers open) and holidays, and shall be limited to five (5) in number.

3. No real estate sign shall be placed in the public right-of-way, which includes the sidewalk, travel or parking lane and center median of a street.

4. No sign permit is required.

D. Special Function and One-Time Event Signs. Signs, posters and notices for special functions and onetime events are permitted subject to the following:

1. A maximum of two (2) signs, not exceeding ten (10) square feet in area for each sign;

2. Signs shall be posted on-site or off-site on private property. Such signs shall not be placed on utility poles, streetlights or fences located on public property;

3. Signs shall not be displayed for more than seven (7) days prior to or more than four (4) days after the function or event;

4. In no instance shall a sign for a special function or one-time event be displayed for more than thirty (30) days;

5. Signs displayed or placed in a window shall not exceed twenty-five percent (25%) of the window area;

6. No sign permit is required.

Examples of special function and one-time event signs include, among others, signs dis playing a special sale, grand opening, business closing, garage, yard or estate sale, meetings, or fundraisers.

E. Temporary Banners. Banners may be displayed by businesses and uses on a temporary basis in all zoning districts, except in the single-family residential, duplex residential and multiple-family residential districts, subject to the following permit requirements and criteria:

1. A sign permit is required and must be obtained prior to the display of a temporary banner. The submittal requirements for a sign permit for temporary banners are as follows:
a. A complete application form;
b. A photograph of the site showing the proposed location of the banner(s); c. Three (3) sets of drawings denoting the banner, the location of the banner as it would appear on the building or property, the total banner area (length and width), the linear street frontage of the business or use for multiple-tenant buildings, proposed illumination 4891-1508-9091 v1
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and method of banner attachment. These drawings need not be prepared by a professional architect or draftsperson, but shall include all appropriate dimensions and/or scale; d. A completed and signed (by the business owner) pre-citation form noting the term or duration of time for display of the banner;
e. The required application fee for an administrative level sign permit.

2. All temporary banners shall comply with the following criteria:
a. One banner, up to a maximum size of thirty-two (32) square feet is permitted per business or use frontage. Businesses or uses with two (2) frontages are permitted two (2) banners authorized under one (1) sign permit, provided that both banners have the same beginning and expiration dates, are each placed on separate frontages, and neither banner exceeds thirty-two (32) square feet. Temporary banners shall be excluded from the calculations of the maximum, total permanent sign area for a business or use permitted by the sign ordinance (San Rafael Municipal Code Title 14, Chapter 19). b. No banner, in whole or in part, shall include, via attachment or any other means, windblown devices intended to attract attention such as posters, pennants, ribbons, streamers, strings of light bulbs, spinners, balloons, or other inflatable objects. c. Temporary banners may be displayed for a maximum of sixty (60) days per calendar year, which can occur all at once or in increments. A separate sign permit shall be required for each increment. Extensions of an approved sign permit for a temporary banner may be granted, provided that the banner does not change, the extension request is received in writing no less than two (2) working days prior to expiration, and the maximum sixty (60) day time limit for display is not exceeded.
d. Banners shall be attached to the building. However, where a business or use is set back from the street, or where public visibility of the entrance of a business or use is limited or impaired, a freestanding banner, supported by a temporary frame, may be placed on-site, between the property line and the building entrance, in a landscaped or paved area. e. No banner shall project above the eave line of the building. f. If any part of the banner projects over public property, public right-of-way, or public easement, a minimum vertical clearance of eight feet (8′), measured from grade shall be maintained, provided that an encroachment permit or license agreement has been obtained for said projection.
g. A banner may project a maximum of four feet (4′) from the outer surface of the building (e.g., a banner placed on an awning), provided that it does not project to within two feet (2′) of the curbline of the street or vehicular roadway. h. If a banner is illuminated, the illumination shall be located and directed so that it does not create glare, or be capable of reflecting light or directing such light onto or into any adjoining or nearby lot, structure or public right-of-way. When spotlights or floodlights are used to illuminate a banner, a reflector shall be provided with proper shields or glass lenses concentrating illumination upon the area of the banner, so as to prevent glare upon the street, sidewalk or adjacent property. Flashing lights that change color or intensity are prohibited. All lighting shall comply with National Electric Code (NEC) requirements. i. Banners shall be permitted for announcement or advertisement associated with the on-site business or use only. This requirement shall be tenant-specific for multiple-tenant buildings.
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j. Banners shall comply with the sign location and placement provisions of the sign ordinance (San Rafael Municipal Code Sections 14.19.053(B) and (C)), which prohibits signs from obstructing exits, windows and safety equipment, and requires that signs maintain adequate sight distance.
k. As regulated by Sections 14.19.080(F), (H) and (L) of this chapter, banners are prohibited from displaying statements, words or pictures that are obscene or offensive to morals, are imitative of official signs, or are likely to cause traffic confusion or traffic hazard.

F. Temporary Construction Signs. Maximum of two (2) in number per site and no more than thirty-six (36) square feet per sign. No illumination is permitted. Examples of such signs include, among others, signs displaying the construction project, the parties involved in the construction, and subdivision or development sales. Such signs are subject to the approval of a sign permit and shall be permitted through the duration of construction and sales and shall be removed no later than one (1) month following completion of construction, or following the last sale. This temporary sign provision does not apply to the required posting of a sign giving notice of the city of San Rafael noise restrictions (Section

8.13.050).

G. Temporary, Portable A-Frame Signs in the Downtown Mixed Use District. The location, placement and provisions for temporary, portable A-frame signs permitted in the downtown mixed use district shall be established by standards and subject to fees, as set forth by resolution of the city council from time to time.

H. Temporary Use Signs. Signs for temporary uses such as but not limited to outdoor, temporary or seasonal sales lots, Christmas tree or pumpkin sales lots. The maximum number of signs, the location and size shall be established with the use permit required for the temporary use, as required by Chapter 14.22. Temporary use signs shall be displayed for the period of time established by the use permit.

I. Temporary Construction or Vacant Storefront Signs. Window film or similar covering that contains an artistic graphic or message may be installed in storefront windows for the purpose of obscuring view into a vacant or under construction tenant space within a building. Temporary window display signs may include a non-commercial display such as artwork or commercial message announcing "under construction", "coming soon", or similar information related to a project under construction. This signage shall be subject to prior review and approval of a temporary sign permit by the community development director to assure that sign content, message size or proposed artwork design, materials, colors, type and duration are appropriate and would enhance the appearance of the streetscape during the period of construction or temporary vacancy. In general, any message content should not exceed twenty-five percent (25%) of available storefront glazing and should not be installed for more than six (6) months (or for the duration of a valid building permit). (Ord. 1838 § 43, 2005; Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004). (Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A, 9.4), 8-16-2021)

14.19.080 Prohibited signs.

A prohibited sign is a sign that is not permitted under the provisions of this chapter. The city may require the removal or abatement of a prohibited sign. Failure of a property owner to remove or abate a prohibited sign after service by the city of written notification/order to do so shall be deemed a violation of this chapter. The compliance date for prohibited signs shall be set by the community development director or designee, based upon a reasonable amount of time to correct the violation. Notices required to be given in this chapter shall be served on the sign owner or permittee in accordance with the provisions of Section 1.08.060 of this code. The failure of 4891-1508-9091 v1
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any person to receive any notice required under this chapter shall not affect the validity of any proceedings concerning violation of this chapter. The following types of signs and devices are prohibited:

A. A-Frame and I-Frame Portable Ground Signs. Except as permitted by city council resolution in the downtown districts, or as permitted for real estate sale and leasing (on-site or off-site display for open house), as set forth in Section 14.19.070;
B. Abandoned Signs. Signs that have been abandoned for a period of six (6) months or more following the closing of a business or use on the site where the sign is located; C. Animated and Moving Signs. Animated and moving signs include:

1. Electronic message display, blinking, flashing, change in light intensity, or moving signs, except time and temperature signs and community service signs as permitted by Section 14.19.030.I.,

2. Windblown devices such as balloons, inflatable objects, pennants, ribbons, streamers,

3. Signs producing smoke, sound and other substances;
D. Billboards and Similar Off-Site Advertising. Billboards and similar off-site advertising including temporary signs that are placed on or suspended from a vehicle but not including signs painted on or permanently affixed to the body of the vehicle;
E. Dilapidated Signs. Where elements of the sign surface, structural support, frame members, panels or other sign elements are clearly dilapidated, have cause to compromise the ability of the sign to identify a business or use, or are in a condition to cause a hazard; F. Imitative of Official Signs. Signs (other than those used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words stop, go, slow, caution, danger, warning or similar words; or signs which imitate or may be construed as other public notices, such as a zoning violation, building permit, business license, etc.; G. Natural Despoliation. No sign shall be cut, burnt, limed, painted or otherwise marked on a cliff, hillside, field or tree;
H. Obscene or Offensive to Morals. Signs containing statements, words, or pictures of an obscene, indecent or immoral character, which taken as a whole appeals to prurient interest in sex, and which sign is patently offensive and when taken as a whole, does not have serious literary, artistic, political or scientific value;
I. Portable Signs. Signs that are constructed to roll, slide or be moved from one location to another, except for certain A-frame signs permitted under the provisions of this chapter; J. Privilege Signs. Standardized signs supplied to a retailer by a manufacturer wherein the manufacturer's name and/or logo or emblem on the sign exceeds one-third of a face of a sign; K. Roof Signs. Except where permitted as a mansard sign under the provisions of this chapter, signs placed on the roof of a building or structure;
L. Signs Likely to Cause Traffic Confusion or Traffic Hazard. Signs or lighting which are of a size, location, movement, coloring or manner of illumination which:

1. May be confused with or construed as a traffic control device,

2. Will hide from view any traffic or street sign or signal,

3. May not be effectively shielded to prevent glare or where the lighting is of an intensity, which causes glare or impairs the vision of a driver;
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N. Signs affixed to public structures and/or signs located in the public right-of-way, including, but not limited to telephone poles, light standards and utility fixtures, posts and fences. Posters, signs, temporary handbills and similar advertising notices are permitted on public kiosks established for such purpose.
(Ord. 1838 § 44, 2005; Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004). (Ord. No. 1964 , § 2(Exh. B) § 31, 11-19-2018)

14.19.090 Nonconforming signs.

A. A nonconforming sign is a sign that was legally established and maintained in compliance with the provisions and requirements of all applicable laws in effect at the time of the original installation but does not now comply with the provisions of this chapter.

B. Changes to sign copy and face, nonstructural modifications and nonstructural maintenance are permitted subject to the approval of a sign permit.

C. The following provisions shall apply to nonconforming signs:

1. Any structural modification to or alteration of any nonconforming sign or elements thereof shall require immediate compliance with this chapter.

2. A nonconforming sign may not be changed to another nonconforming sign or structurally modified or altered to extend its useful life.

3. Use of a nonconforming sign may not be re-established or continued after a business or use for which the sign identified is discontinued for more than six (6) months.

4. Any nonconforming sign shall be removed or made to conform to the provisions of this chapter if the sign has been more than fifty percent (50%) destroyed and the destruction requires replacement of more than the face of the sign.

5. The city may require the removal of a nonconforming sign maintained, continued, or altered contrary to subsection C of this section. Failure of a property owner to remove or abate such a nonconforming sign within ninety (90) days after service by the city of written notification or order to do so shall be deemed a violation of this chapter. Notices required to be given in this chapter shall be served on the sign owner or permittee in accordance with the provisions of Section 1.08.060 of this code. The failure of any person to receive any notice required under this chapter shall not affect the validity of any proceedings concerning violation of this chapter.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

14.19.100 Violations and enforcement.

It is unlawful for any person to violate any of the provisions of this chapter or to violate any of the terms and conditions of a permit or program issued pursuant to this chapter. Such violations are punishable as provided in Chapters 1.40, 1.42, 1.44 and 1.46
(Code Enforcement and Authority Powers) of the San Rafael Municipal Code, or by any applicable provision of state law.
(Ord. 1825 §§ 1, 2 (Exh. A) (part), 2004).

Title 14 - ZONING*
Division V ADMINISTRATIVE REGULATIONS
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Division V ADMINISTRATIVE REGULATIONS
Chapter 14.20 ZONING ADMINISTRATOR AUTHORITY

14.20.010 Specific purposes.

This chapter establishes the authority of the zoning administrator, references matters subject to review by the zoning administrator and establishes public notice and hearing procedures for zoning administrator actions. (Ord. 1625 § 1 (part), 1992).

14.20.020 Zoning administrator authority established.

The office of zoning administrator is created pursuant to Government Code Section 65900. The purpose of the zoning administrator process is to enable less complicated applications to be acted upon in a less costly, more expeditious manner, while still providing the public and applicant full notification of and participation in the zoning review process.
(Ord. 1625 § 1 (part), 1992).

14.20.030 Appointment of the zoning administrator.

The planning director shall appoint the zoning administrator. The zoning administrator shall be an employee of the city of San Rafael's planning department and shall be directly responsible to the planning director while acting in the capacity of zoning administrator.
(Ord. 1625 § 1 (part), 1992).

14.20.040 Actions of the zoning administrator.

The zoning administrator shall hear and have the power to approve, conditionally approve, deny or refer to the planning commission use permits, variances and environmental and design review permits as specified in Chapters 14.22, Use Permits, 14.23, Variances and 14.25, Environmental and Design Review Permits. (Ord. 1625 § 1 (part), 1992).

14.20.050 Adoption of procedures.

It shall be the duty of the planning director to establish, subject to approval by the planning commission, rules and procedures necessary to process, review, notify, hear and make findings and a determination of the items referred to in Section 14.20.040, Actions of the zoning administrator. (Ord. 1625 § 1 (part), 1992).
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14.20.060 Public notice and hearing on zoning administrator items.

The zoning administrator shall hold a public hearing on applications for use permits, variances or environmental and design review permits, as listed in the corresponding chapters. Notice shall be given consistent with Chapter 14.29, Public Notice.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.20.070 Referral to planning commission of zoning administrator items.

When, in the opinion of the planning director, any matter set forth in Section 14.20.040, Actions of the zoning administrator, is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the planning commission for determination in lieu of having it processed by the zoning administrator.
(Ord. 1625 § 1 (part), 1992).

Chapter 14.21 ADMINISTRATIVE USE PERMITS

14.21.010 Specific purposes.

Administrative use permits allow certain uses to be established in particular zoning districts if they comply with the specific criteria and performance standards as established in Chapter 14.17, Performance Standards, and other standards as required elsewhere in this title. Administrative use permits are intended to streamline the use permit process for select uses where clear performance standards are established and extensive public review is not warranted. The performance standards established in Chapter 14.17, Performance Standards, are designed to ensure that proposed uses will be compatible and harmonious with existing uses in the neighborhood. (Ord. 1625 § 1 (part), 1992).

14.21.020 Applicability.

Uses identified in the Land Use Tables as "A" shall be subject to administrative use permit review. (Ord. 1838 § 45, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).

14.21.030 Authority.

The planning director may approve, conditionally approve or deny an administrative use permit application, unless otherwise restricted by state law. Development must comply with all of the required standards in Chapter

14.17, Performance Standards, and with all other requirements of Title 14 unless specifically exempted in Chapter

14.17. (Ord. 1625 § 1 (part), 1992).

14.21.040 Referral to planning commission.

When, in the opinion of the planning director, any matter set forth in Section 14.21.020, Applicability, is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the 4891-1508-9091 v1
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agenda of the planning commission for determination in lieu of having it processed by the planning director.

Requests for modifications from performance standards of Chapter 14.17, Performance Standards, will be referred to the planning commission for review and determination. (Ord. 1625 § 1 (part), 1992).

14.21.050 Application.

Applications for administrative use permits shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director.

Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.
(Ord. 1625 § 1 (part), 1992).

14.21.060 Public notice and hearing.

Public notice and/or hearing are not required for issuance of an administrative use permit. (Ord. 1625 § 1 (part), 1992).

14.21.070 Conditions of approval.

The planning director or the planning commission may apply reasonable conditions of approval to bring the development into conformity with requisite performance standards. (Ord. 1625 § 1 (part), 1992).

14.21.080 Findings.

The planning director or the planning commission may issue an administrative use permit if the following findings can be made:

A. The proposed use is listed in this chapter as a use permitted pursuant to an administrative use permit and subject to performance standards;
B. The proposed use as conditioned conforms to the performance standards for the proposed use as outlined in Chapter 14.17, Performance Standards;
C. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding uses in the neighborhood;
D. Any other findings required under Chapter 14.17, Performance Standards, for the specific use; E. The use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;
F. That the use, as conditioned, will be compatible with surrounding uses. (Ord. 1625 § 1 (part), 1992).
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14.21.090 Notice of decision.

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant. (Ord. 1625 § 1 (part), 1992).

14.21.100 Appeals.

Appeals of decisions on administrative use permits shall be filed within five (5) working days of the issuance of the permit. Appeals shall be filed and processed in accordance with Chapter 14.28, Appeals. (Ord. 1625 § 1 (part), 1992).

14.21.110 Effective date of permit.

An administrative use permit shall become effective at the end of the appeal period as specified in Chapter

14.28, Appeals, unless appealed.
(Ord. 1625 § 1 (part), 1992).

14.21.120 Approval to run with the land.

Any administrative use permit approval shall run with the land and shall continue to be valid for the time frame specified whether or not there is a change of ownership of the site or structure to which it applies. (Ord. 1625 § 1 (part), 1992).

14.21.130 Extensions.

An administrative use permit may be extended by the planning director if the findings required by Section

14.21.080, Findings, remain valid and application is made prior to expiration. (Ord. 1625 § 1 (part), 1992).

14.21.140 Amendments—New application.

Requests for changes in the conditions of approval of an administrative use permit, or a change to site plans or operation that would affect a condition of permit approval, shall be treated as an administrative use permit amendment. The procedures for filing and processing an application for an administrative use permit amendment shall be the same as those established for an initial or new administrative use permit application. (Ord. 1625 § 1 (part), 1992).

14.21.150 Revocation.

An administrative use permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement. (Ord. 1625 § 1 (part), 1992).
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14.21.160 New applications following denial or revocation.

If an application for an administrative use permit is denied or revoked, no new application for the same, or substantially the same, administrative use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice. (Ord. 1625 § 1 (part), 1992).

14.21.170 Expiration.

Administrative use permits are valid for one year unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed and extended.
(Ord. 1625 § 1 (part), 1992).

Chapter 14.22 USE PERMITS

14.22.010 Specific purposes.

Use permits are required for uses which may be suitable only in specific locations in a zoning district or which require special consideration in their design, operation or layout to ensure compatibility with surrounding uses. (Ord. 1625 § 1 (part), 1992).

14.22.020 Authority.

A. The zoning administrator shall approve, conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as CZ use permits. The planning commission shall approve, conditionally approve or deny applications for conditional use permits identified in the Land Use Tables as C use permits.

B. When, in the opinion of the community development director, any matter set forth in Section 14.22.020.A of this chapter or in the land use regulation tables listed in each of the zoning districts regulated by this title:

1. Is deemed to be an insignificant or inconsequential change in use;

2. Will not have a detrimental impact on surrounding properties; and

3. Is not a use warranting the designated level of review, the use permit application may be processed and acted on by the zoning administrator.

In cases where the zoning administrator takes action on a use permit application that would typically be reviewed and acted on by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the use permit review is being delegated from the planning commission to the zoning administrator for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator, a planning commissioner may direct, or a member of the public may request, that the application be referred to the planning commission for a public hearing and action. (Ord. 1831 § 1 (part), 2004: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
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(Ord. No. 1882, Exh. A, § 76, 6-21-2010)

14.22.030 Application.

Applications for use permits shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.
(Ord. 1625 § 1 (part), 1992).

14.22.040 Master use permits.

Master use permits may be filed for development where there are multiple uses or tenants on a given site, or for temporary programs which involve multiple sites (rotating programs). Master use permits shall be processed in accord with all of the provisions of Chapter 14.22.
(Ord. 1625 § 1 (part), 1992).

14.22.050 Multiple applications.

When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the planning director may schedule combined hearings.
(Ord. 1625 § 1 (part), 1992).

14.22.060 Public notice and hearing.

A. Public Hearing. The zoning administrator or planning commission, as the case may be, shall hold a public hearing on an application for a use permit.

B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

14.22.070 Conditions of approval.

In approving a use permit the zoning administrator or planning commission may impose reasonable conditions.
(Ord. 1625 § 1 (part), 1992).

14.22.080 Findings.

The zoning administrator or planning commission may issue a use permit if the following findings can be made:

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B. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;
C. That the proposed use complies with each of the applicable provisions of the zoning ordinance. (Ord. 1625 § 1 (part), 1992).

14.22.090 Notice of decision.

The zoning administrator or planning commission shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(Ord. 1625 § 1 (part), 1992).

14.22.100 Effect of failure to give notice.

No action, inaction or recommendation regarding any development by the zoning administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case, shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown. (Ord. 1625 § 1 (part), 1992).

14.22.110 Appeals.

Appeals of zoning administrator or planning commission use permit determinations shall be filed and processed in accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).

14.22.120 Effective date of permit.

A use permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.
(Ord. 1625 § 1 (part), 1992).

14.22.130 Approval to run with the land.

Any use permit approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies. (Ord. 1625 § 1 (part), 1992).
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14.22.140 Extensions.

A use permit may be extended by the zoning administrator if the findings required by Section 14.22.080, Findings, remain valid and application is made prior to expiration. (Ord. 1625 § 1 (part), 1992).

14.22.150 Amendments—New application.

Requests for changes in the conditions of approval of a use permit, or a change to site plans or operation that would affect a condition of approval, shall be treated as a use permit amendment. Applications for use permit amendments shall be heard and decided by the original hearing body. The planning director may make a determination that a use permit amendment may be heard by the zoning administrator rather than the original hearing body if the director finds that the changes involved are minor, noncontroversial and will not alter the basic function of the approved use. The procedures for filing and processing an application for a use permit amendment shall be the same as those established for an initial or new use permit application. (Ord. 1625 § 1 (part), 1992).

14.22.160 Revocation.

A use operated in violation of a condition of permit approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 77, 6-21-2010)

14.22.170 New applications following denial or revocation.

If an application for a use permit is denied or revoked, no new application for the same, or substantially the same, use permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).

14.22.180 Expiration.

Use permits are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame. (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 5.1), 8-6-2021)
Chapter 14.23 VARIANCES
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14.23.010 Specific purposes.

The purpose of this chapter is to provide flexibility from the strict application of development standards consistent with the purposes of this title. Variances are intended to resolve practical difficulties or unnecessary hardships resulting from the strict application of development standards when special circumstances pertaining to the land such as size, shape, topography or location deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated. (Ord. 1625 § 1 (part), 1992).

14.23.020 Authority.

The zoning administrator shall hear all variance applications except variances applications that are a part of a project being heard at a higher level; however, when in the opinion of the planning director, any matter that is judged not to be routine matter, shall be heard by the planning commission. (Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).

14.23.030 Application.

Applications for variances shall be initiated by submitting the following information to the planning department: a completed application form signed by the property owner or authorized agent and accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. Application procedures and processing timeframes shall be in accordance with state law and procedural guidelines established by the planning director.
(Ord. 1625 § 1 (part), 1992).

14.23.040 Multiple applications.

When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the planning director may schedule combined hearings.
(Ord. 1625 § 1 (part), 1992).

14.23.050 Public notice and hearing.

A. Public Hearing Required. The zoning administrator or planning commission, as the case may be, shall hold a public hearing on an application for a variance.

B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

14.23.060 Conditions of approval.

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(Ord. 1625 § 1 (part), 1992).

14.23.070 Findings.

The zoning administrator or planning commission may approve an application for a variance if the following findings can be made:

A. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; B. That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; C. That granting the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located; D. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

The zoning administrator or planning commission may approve an application for a variance from the parking standards of this title in order that some or all of the required parking spaces be located off-site, or that in-lieu fees or facilities be provided instead of the required parking spaces, if, in addition to subsections (A) through (D) of this section, both of the following findings can be met:

E. The variance will be an incentive to, and a benefit for, the nonresidential development; and, F. The variance will facilitate access to the nonresidential development by patrons of public transit facilities.
(Ord. 1625 § 1 (part), 1992).

14.23.080 Notice of decision.

The zoning administrator or planning commission shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.
(Ord. 1625 § 1 (part), 1992).

14.23.090 Effect of failure to give notice.

No action, inaction or recommendation regarding any development by the zoning administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission, the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown. (Ord. 1625 § 1 (part), 1992).
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14.23.100 Appeals.

Appeals of zoning administrator or planning commission determinations on variance applications shall be filed and processed in accordance with Chapter 14.28, Appeals. (Ord. 1625 § 1 (part), 1992).

14.23.110 Effective date of permit.

A variance shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.
(Ord. 1625 § 1 (part), 1992).

14.23.120 Approval to run with the land.

Any variance approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies. (Ord. 1625 § 1 (part), 1992).

14.23.130 Extensions.

A variance may be extended by the zoning administrator if the findings required by Section 14.23.070, Findings, remain valid and application is made prior to expiration. (Ord. 1625 § 1 (part), 1992).

14.23.140 Amendments—New application.

A request for changes in conditions of approval of a variance, or a change to plans that would affect a condition of approval, shall be treated as a new application unless the zoning administrator finds that the changes to the approved plans are noncontroversial, minor, do not involve substantial alterations or additions to the plans and are consistent with the intent of the original approval. (Ord. 1625 § 1 (part), 1992).

14.23.150 Revocation.

A variance that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement.
(Ord. 1625 § 1 (part), 1992).

14.23.160 New applications following denial or revocation.

If an application for a variance is denied or revoked, no new application for the same, or substantially the same, variance shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.
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(Ord. 1625 § 1 (part), 1992).

14.23.170 Expiration.

Variances are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame. (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 6.1), 8-6-2021)
Chapter 14.24 EXCEPTIONS

14.24.010 Specific purposes.

The purpose of this chapter is to provide flexibility in the application of selected site development regulations where minor adjustments are needed. Exceptions shall only be granted for the site development standards cited in Section 14.24.020, Authority. Exceptions granted shall be compatible with adjoining uses and consistent with the purposes of this title and the specific zoning district in which the subject property is located. (Ord. 1625 § 1 (part), 1992).

14.24.020 Authority.

The planning director shall approve, conditionally approve or deny applications for exceptions. The planning director shall review and decide the following types of exceptions to site development standards which may be allowed:

A. Fence Height.

1. In any residential district, the maximum height of any side or rear yard fence may be increased by a maximum of two feet (2′), where topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy or effectiveness of screening as generally provided by any such fence in similar circumstances.

2. In any residential district, the maximum height of any front yard or street side yard fence 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.

B. Setbacks. The minimum front setback may be decreased by not more than ten percent (10%) and the side setback may be decreased by not more than one foot in the R5 district. The minimum front and side setbacks may be decreased by not more than 2.5 feet in the R7.5 district, and by not more than five feet (5′) in the R10, R20, R1a and R2a districts. In any of the above-listed districts, the side setback shall not be decreased to less than three feet (3′). Rear yard setbacks may be decreased by not more than ten percent (10%) in any residential district. Setback exceptions shall only be allowed where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.
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C. Lot Coverage.

1. In any residential district, the maximum lot coverage may be increased by not more than ten percent (10%) of the lot area, where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increases will not unreasonably affect abutting sites.

2. For single-family residences situated in any residential district, an addition of up to one hundred (100) square feet of floor area may be permitted in conjunction with a request for an environmental and design review permit for a "lift and fill" addition (i.e., raising an existing habitable floor space to permit the creation of a new, single habitable floor area below), irrespective of the maximum lot coverage restriction of the zoning district, where the planning director determines that the floor area addition is necessary to permit circulation between the resultant stories of habitable floor space. This exception shall not be available in conjunction with an exception pursuant to subsection (C)(1) of this section.

D. Maximum Upper-Story Floor Area. For single-family residences situated in any residential district, an addition of up to one hundred (100) square feet of floor area may be permitted in conjunction with a request for an environmental and design review permit for a "lift and fill" addition (i.e., raising an existing habitable floor space to permit the creation of a new, single habitable floor area below), irrespective of the maximum upper-story floor area restriction of the zoning district, where the planning director determines that the floor area addition is necessary to permit circulation between the resultant stories of habitable floor space.

E. Height. In all nonresidential zoning districts, except the R/O district, building height may be increased beyond the height limit where: (1) additional building height is required for a special use or function, and the building is designed specifically for that use; or (2) there are special circumstances related to the site and topography which warrant the exception. For a public or quasi-public structure, a higher height may be permitted where necessary for health or safety purposes. In addition, in all cases, nonresidential height exceptions may only be approved where scenic views are not adversely affected, and where exceptional design is provided. If the height exception is more than five feet (5′), the exception must be approved by the planning commission as part of approval of an environmental and design review permit.

F. Landscaping.

1. In multifamily residential districts, required buffer landscaping may be modified, subject to review by the design review board, where innovative landscape design is proposed, where there are special circumstances related to the site and where such modifications will ensure an adequate buffer for adjacent properties.

2. In all nonresidential districts, the minimum landscaping percentages may be reduced for remodel projects, subject to review by the design review board, where redevelopment or remodeling is proposed and existing conditions are such that complying with the standard make it infeasible to provide adequate parking.

G. Parking.

1. Minimum driveway width for a residential use may be reduced, subject to review by the traffic engineer and the fire department. Driveway exceptions shall only be allowed where such decrease will not unreasonably affect abutting sites or create a hazardous traffic condition, and where there are special circumstances related to existing site conditions.

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condition, and where such reduction is necessary to provide for additional parking where existing parking does not meet current standards.

3. In downtown residential or non-residential projects, tandem parking may be allowed, subject to review by the traffic engineer and the fire department, where necessary to accommodate the required parking spaces, provided that the tandem spaces are assigned to the same unit or tenant and that the spaces are located convenient to the unit.

4. In any single-family residential district, a recreational vehicle may be parked parallel to the residence in the front yard where there is a curved or circular driveway or where there are special and unique circumstances on the site because of topography or lot shape. Recreational vehicle parking exceptions shall only be allowed where such parking is set back fifteen feet (15′) from the front property line and where it will not have an adverse visual impact on adjoining lots or lots across the street.
(Ord. 1838 § 46, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 78, 6-21-2010; Ord. No. 1964 , § 2(Exh. B) § 32, 11-19-2018)

14.24.030 Application.

Applications for exceptions shall be initiated by submitting the following information to the planning department: a completed application form signed by the property owner or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director. (Ord. 1625 § 1 (part), 1992).

14.24.040 Public notice and hearing.

In cases involving building height exceptions for nonresidential buildings, the proposed exception shall be reviewed, noticed and heard with the related development applications by the planning commission and/or city council. In the case of all other types of exceptions, no public notice or hearing shall be required. (Ord. 1625 § 1 (part), 1992).

14.24.050 Conditions of approval.

In approving an exception, the planning director may impose reasonable conditions. (Ord. 1625 § 1 (part), 1992).

14.24.060 Findings.

The planning director may approve an application for an exception if the following findings can be made:

A. That there are special circumstances applicable to the property or land use, including but not limited to the size, shape, topography, location or surroundings that warrant granting of a minor exception from the strict application of the standards in this title;
B. That granting the exception will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare. (Ord. 1625 § 1 (part), 1992).
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14.24.070 Notice of decision.

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant. (Ord. 1625 § 1 (part), 1992).

14.24.080 Appeals.

Appeals of the planning director's determinations on requests for exceptions shall be filed and processed in accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).

14.24.090 Effective date of permit.

A. An exception shall become effective on the date specified by the written decision by the planning director granting the exception. Such approval date shall indicate the planning director's approval only of the exception and does not eliminate or replace the need to secure a building permit prior to any construction activity.

B. The rights granted by the exception shall be effective only when exercised within the time period established as a condition of granting the exception, or, in the absence of such established time period, one year from the date the permit becomes effective.
(Ord. 1625 § 1 (part), 1992).

14.24.100 Approval to run with the land.

Once exercised, any exception granted shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies. (Ord. 1625 § 1 (part), 1992).

14.24.110 Extensions.

An exception may be extended by the planning director if the findings required by Section 14.24.060, Findings, remain valid and application is made prior to expiration. (Ord. 1625 § 1 (part), 1992).

14.24.120 Amendments—New application.

A request for a change in the conditions of approval of an exception, or changes to plans which would affect a condition of approval, shall be treated as a new application for an exception. (Ord. 1625 § 1 (part), 1992).
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14.24.130 Revocation.

An exception that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.
(Ord. 1625 § 1 (part), 1992).

14.24.140 New applications following denial or revocation.

If an application for an exception is denied or revoked, no new application for the same, or substantially the same, exception shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.
(Ord. 1625 § 1 (part), 1992).

14.24.150 Expiration.

Exceptions are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame. (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 7.1), 8-6-2021)
Chapter 14.25 ENVIRONMENTAL AND DESIGN REVIEW PERMITS

14.25.010 Specific purposes.

Environmental and design review implements general plan policies concerning the environment and design by guiding the location, functions and appearance of development. The key environmental and design goal of the city is to respect and protect the natural environment and assure that development is harmoniously integrated with the existing qualities of the city. The purposes of environmental and design review are to:

A. First and foremost, maintain a proper balance between development and the natural environment; B. Ensure that the location, design and materials and colors of development blends with and enhances the natural setting;
C. Maintain and improve the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the city;
D. Preserve balance and harmony within neighborhoods;
E. Promote design excellence by encouraging creative design and the innovative use of materials and methods and techniques;
F. Preserve and enhance views from other buildings and public property; 4891-1508-9091 v1
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G. Ensure the right to make residential additions and modifications which minimize the impact on adjacent residences and which are designed to be compatible with the existing residence and neighborhood.

H. Ensure superior urban design and the protection of historic resources in the downtown mixed use district, as stipulated in and promoted by the vision of the Downtown San Rafael Precise Plan and Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 10.1), 8-16-2021)

14.25.020 Authority.

The planning commission, zoning administrator or community development director shall approve, conditionally approve or deny applications for environmental and design review permits. This authority is identified as follows:

A. Major Environmental and Design Review Permit. The planning commission shall make determinations on environmental and design review applications for any major physical improvement listed under Section 14.25.040(A).

B. Minor Environmental and Design Review Permit. The zoning administrator shall make determinations on environmental and design review applications for any minor physical improvement listed under Section 14.25.040(B), and one-time extensions to major and minor environmental and design review permit approvals. When, in the opinion of the zoning administrator, an applicant or a member of the public, any matter set forth in Section 14.25.040(B) does not meet the applicable review criteria set forth in Section 14.25.050, the application shall be forwarded to the design review board for its recommendation. Requests for referral to the design review board made by an applicant or member of the public must be made in writing within the public review period and prior to the conclusion of the zoning administrator's public hearing, and must set forth specific reasons why it is believed that the proposed design does not meet the applicable review criteria.

C. Administrative Environmental and Design Review Permit. The community development director shall make determinations on environmental and design review applications for administrative design review, as listed under Section 14.25.040(C), and one-time extensions to administrative environmental and design review permit approvals. Applications which clearly meet the applicable review criteria may be approved over the counter, at the discretion of the community development director.

D. Elevated Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(B) or (C) is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the planning commission for determination in lieu of having it processed by the zoning administrator or community development director.

E. Reduced Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(A) or (B) of this chapter is insignificant or inconsequential, will have no detrimental impact on surrounding properties or public vantage points, and is not a matter requiring the designated level of review, it may be processed by the zoning administrator or community development director. In cases where the zoning administrator or community development director process an application that would normally be reviewed by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the design review permit review is being delegated from the planning commission to the zoning administrator or community development director for action, and 4891-1508-9091 v1
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that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator or community development director, a planning commissioner may direct, or a member of the public may request, that the application be referred to the planning commission for a public hearing and action.
(Ord. 1838 § 47, 2005; Ord. 1820 § 2, 2004; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 79, 6-21-2010)

14.25.030 Application.

A. Initial Consultation. An initial consultation may be initiated by requesting an appointment with the community development director or a designated representative. Sketches of the design of a proposed structure or alteration should be submitted for informal staff review so that an applicant may be informed of environmental and design review board policies of the City prior to preparing detailed drawings.

B. Conceptual Review Required. The applicant of a development subject to major environmental and design review shall submit an application for conceptual review by the design review board. Conceptual review focuses on the conceptual design approach, and gives both the design review board and the applicant the opportunity to work together to achieve a quality design by providing an opportunity for the board to identify and discuss relevant issues and indicate the appropriateness of the design approach. Submittal materials shall include a site plan, floor plans and building elevations with sufficient detail to convey the proposed design direction. The applicant's presentation should have a level of detail adequate to show the architect's analysis of the problem and to explain the proposed design solution. Conceptual review is optional for development subject to minor environmental design review.

BC. Application for Environmental and Design Review. Applications for environmental and design review permits shall be initiated by submitting to the community development department a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and the following information. (Note: All residential projects located in the hillside development district or on lots with slopes over twenty-five percent (25%) shall submit the information required in Appendix A, Environmental and Design Review Application Requirements for Hillside Residential Development Projects, of the Hillside Residential Design Guidelines Manual.) The community development director may require that additional information be submitted or may waive the submission of listed information.

1. Contextual map showing the relationship of the proposed development to the surrounding buildings and site features;

2. Natural features map providing detailed information about on-site features, including existing trees and other vegetation, and the impact of the development on existing site conditions;

3. Site plan(s) showing proposed parking, loading, circulation, drainage facilities and utility connections;

4. Landscape plan showing all existing and proposed improvements, location of proposed plantings, landscape material and structures, and community amenities. For projects that are required to provide water-efficient landscapes pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance No. 414 (including any subsequent amendments).

5. Grading plan showing existing and proposed contours, the extent of cut and fill, and erosion control methods;

6. Building elevations including exterior materials and colors, and showing all sides of the structures;

7. Floor and roof plans;
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8. Phasing plan, if proposed;

9. Site photographs showing site and adjacent properties;

10. Shadow diagram if deemed necessary to evaluate potential shading of adjacent properties;

11. Story poles reflecting the proposed height of the structure(s) if needed to evaluate project impacts.

12. All existing street frontage improvements, if applicable, and any proposed modifications to public improvements, including any proposed or required street tree removal or planting.

CD. Multiple Applications. When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the community development director may schedule combined hearings. (Ord. 1838 § 48, 2005; Ord. 1820 § 3, 2004; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, §§ 80—82, 6-21-2010)

14.25.040 Improvements subject to review.

No improvement subject to environmental and design review shall hereafter be constructed, located, repaired, altered, expanded or thereafter maintained, except in accordance with a design approved as provided in this chapter. The following items shall be subject to environmental and design review permits, whether or not a building permit is required.

A. Major Physical Improvements.

1. New construction on vacant property, including, but not limited to:
a. Any residential structure located within one hundred (100) vertical feet of a ridgeline, b. Residential structures with three (3) or more dwelling units, and boarding houses, c. Residential structures as required by subdivision or zoning approvals, d. Offices, retail and industrial structures,
e. Public, quasi-public, religious, social and similar community structures, f. Marinas and yacht clubs;

2. Modifications to existing structures, including, but not limited to:
a. Additions to multifamily residential structures with three (3) or more units, where the addition constitutes more than forty percent (40%) of the total square footage of the building,
b. Additions and alterations to existing nonresidential structures where the addition is greater than forty percent (40%) of the existing square footage. (Note: The community development director may determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the visual character or function of a building is subject to a minor design review permit.),
c. Relocation of a nonresidential structure, or of a residential structure with three (3) or more existing dwelling units.

3. Major site design improvements, including but not limited to:
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a. Subdivisions located on properties with an average slope of twenty-five percent (25%) or greater, or with a general plan land use designation of hillside residential or hillside resource residential,
b. Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.), c. Landscaping as part of a development subject to major environmental and design review, d. Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles on a development subject to major environmental and design review, e. Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs;

4. Development subject to review as a major physical improvement pursuant to any other provision of this title;

5. Mural signs painted on the exterior surface of a wall of an existing or new structure;

6. Wireless telecommunications facility, as prescribed under Section 14.16.360.B.

B. Minor Physical Improvements.

1. For minor projects located in the downtown mixed use district, refer to the Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate ordinance.

2. New construction and modifications, including, but not limited to:
a. Any new residence or residential additions over five hundred (500) square feet in size, or any modification that increases the height of the roofline, when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations. b. Any addition or modification that results in lifting the existing ground level floor of a residence to construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See Section 14.25.050.F.6. for design criteria). c. Accessory structures, or additions or modifications to any residential structure located within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a roofline, or increases building scale and mass and is determined to be visible from off-site.
d. Additions to multifamily residential structures containing three (3) or more dwelling units, where the addition constitutes forty percent (40%) or less than the total square footage of the building.
e. New two-story single-family and duplex residential structures proposing an upper story level over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria).
f. Upper-story additions to single-family and duplex residential structures over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria). 4891-1508-9091 v1
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g. Accessory structures on developed non-residential properties over one hundred twenty (120) square feet in size.
h. Accessory structures on developed multi-family residential properties over two hundred forty (240) square feet in size.
i. New construction or reconstruction of boat docking facilities, j. Additions and alterations to existing nonresidential structures and/or additions to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty (1,250) square feet.

Based on the scope and potential impact of the change(s), the level of review may be decreased by the community development director.
k. Structures over the height limit, including flagpoles, aboveground utility distribution facilities, including communications towers and public water tanks, windmills, monuments, steeples, cupolas, and screens for mechanical equipment (chimneys are exempt). l. Wireless communications facilities, as prescribed under Chapter 14.16.360.B.

3. Minor site design improvements, including, but not limited to:
a. Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards per site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.).
b. Landscaping, exterior lighting, fencing, and retaining walls over four feet (4′) high, proposed as part of a minor physical improvement subject to environmental and design review.
c. Landscape revisions determined to be minor revisions to an existing hillside residential, multifamily or nonresidential development, proposed as part of a minor physical improvement.
d. Parking and loading areas, including driveways, sidewalks and curb cuts, on a development subject to minor environmental and design review,
e. Commercial parking lots, including private parking and new parking locations for uses with insufficient parking.
f. Drive-Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for regulations.
g. Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs, of this title.

4. Development subject to review as a minor physical improvement pursuant to any other provision of this title.

C. Administrative Design Permits.

1. For projects located in the downtown mixed use district that are subject to administrative design review, refer to the Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate ordinance.
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2. Decks, or additions to existing decks, higher than thirty inches (30″) above grade, located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, except no review is required for decks:
a. Less than a total of one hundred (100) square feet,
b. Not visible from the public street or adjacent properties, or c. Replacing an existing elevated deck with a deck of same size and configuration.

3. New single-family residences located on a flag lot.

4. New one-story duplexes, or ground floor additions over five hundred (500) square feet in size or that include addition of a bedroom.

5. Conversion of a single-family residence to a duplex.

6. Design changes to projects that previously obtained design review approval. This includes modifications to upper story additions, modifications to windows or architectural, site design or landscaping changes. Based on the scope and potential impact of the change(s), the level of review may be increased by the community development director.

7. Outdoor eating areas (as prescribed by Section 14.17.110).

8. Minor exterior alterations to a structure or development, which are subject to environmental and design review, that, in the opinion of the community development director, have minimal impacts on the visual character or function of the building or development.

9. Satellite dishes over the height limit in a multifamily or nonresidential district.

10. Residential fences over seven feet (7′) in height, and as set forth under the criteria in Section

14.16.140.

11. Nonresidential fencing over seven feet (7′) in height as set forth under Section 14.16.160 proposed to be located in a front yard or between the principal building and public street frontage(s).

12. Detached accessory structures located on hillside residential lots with slopes of twenty-five percent (25%) or greater or located in areas with a general plan land use designation of hillside residential or hillside resource residential.

13. Retaining walls over four feet (4′) in height (measured from the top of the footing or finished grade, as determined by the community development director, to the top of the wall) and/or minor landscaping or grading modifications on properties located on a hillside lot as identified in Section 14.12.020 (-H hillside overlay district) of this title, or located within one hundred (100) vertical feet of a ridgeline.

14. Minor landscaping revisions to existing or approved multifamily or nonresidential development that are determined to alter the character of the site.

15. Minor modifications to existing parking lots (reconfiguration or expansion).

16. Exterior repainting and refinishing on a development which significantly deviates from the color scheme and/or palette previously approved through an environmental and design review permit, or on structures in the hillside area as identified in Section 14.12.020 of this title when the colors or materials are not from the approved earthtone-woodtone list.

17. Outdoor storage areas.
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18. Design changes to dwelling units that were existing or approved as of January 1991 and that are being replaced pursuant to Section 14.16.060 (conservation of dwelling units), or dwelling units that are being replaced pursuant to Section 14.16.270.B.5 (nonconforming structures) of this title.

19. Modifications to properties in the Eichler-Alliance (-EA) combining district which increase the height of roof structures by more than six inches (6″) or change the roof pitch, including the creation of sloping roofs, covered atriums that exceed the existing roof height, clerestories or exposed exterior ducting, but excluding the review of solar collectors which are flush-mounted or not visible from the street frontage.

20. Rooftop equipment and screens visible from off-site.

21. Minor additions or modifications to a wireless communications facility, as prescribed under Section 14.16.360.B.

22. Residential accessory structures to be located between the front-facing wall of the primary structure and the front setback except as permitted by Section 14.16.020.E.

23. Non-residential accessory structure one hundred twenty (120) square feet or less in size.

24. Ancillary detached accessory structures on a developed multi-family residential property two hundred forty (240) square feet or less in size.

25. Development subject to review for an administrative design permit pursuant to any other provision of this title.

D. Exempt from Design Review.

1. Single-family dwellings when sited on individual lots with frontage on a public street and not otherwise subject to design review as listed above;

2. Ordinary maintenance and repairs;

3. New decks or additions to decks, except where review is required for decks located in hillside areas as prescribed in Section 14.25.040.C, above;

4. Installation of solar panels on existing structures or grounds, as provided under state law and in compliance with all applicable development standards;

5. Public art installations on public or private property approved through a City-established public art program. For purposes of this section (14.25.040), "public art" is defined as all forms of art including, but not limited to: sculptures, murals, mosaics, and fountains, which are located on the exterior of a publicly owned facility or on a privately owned property when such artwork is placed in a location intended to be visible to the general public;

6. The community development director may declare improvements which have been determined to be minor or incidental within the intent and objectives of this chapter to be exempt from review.
(Ord. 1838 § 49, 2005; Ord. 1825 § 2 (Exh. A) (part), 2004; Ord. 1820 § 4, 2004; Ord. 1819 § 2, 2004; Ord. 1802 § 6, 2003: Ord. 1751 § 7, 2000; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 83—89, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 33, 11-19-2018; Ord. No. 1991 , divs. 1, 2, 3-1-2021; Ord. No. 1996 , div. 2(Exh. A, 10.2), 8-16-2021; Ord. No. 2002 , div. 14, 12-6-2021)
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* Legislative history: Ordinances 1819 and 1820, adopted contemporaneously on February 2, 2004, amended the same code section, Section 14.25.040(C). Ordinance 1819 added a new subsection 10 to Section 14.25.040(C) and Ordinance 1820 moved subsections 1 and 2 from Section 14.25.040(C) to Section 14.25.040(B). Due to clerical error and contrary to the intent of the city council, Ordinance 1820 did not incorporate the amendment resulting from Ordinance 1819. The correct version of Section 14.25.040(C), as intended by the city council in its adoption of Ordinances 1819 and 1820, is set forth herein.

14.25.050 Review criteria.

A. Consistency with General Plan Design Policies. To ensure that each proposed improvement shall accomplish the purposes of Section 14.25.010, Specific purposes, environmental and design review shall be guided by general plan design policies, and the following criteria.

B. Consistency with Specific Plans.

1. In addition to the criteria listed below, development will be evaluated for consistency with applicable neighborhood and area design plans. Adopted plans which include design guidelines include: Hillside Residential Design Guidelines Manual, San Rafael Design Guidelines, the San Rafael General Plan 2040, specifically the neighborhoods element, and community design and preservation element, and any design guidelines or amendments that are adopted by resolution.

2. Development proposed within the downtown mixed use district shall comply with the design criteria and provisions set forth in the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. The criteria listed below shall apply where the Downtown San Rafael Precise Plan form-based code is silent on the specific criteria topic.

C. Design Criteria. Review shall be guided by the following criteria to assure that, with regard to buildings, structures and physical improvements, each proposed development shall carry out the purposes of this chapter, the general plan policies and any design plans. Any or all of the following criteria may, upon recommendation of the design review board, be waived by the planning commission when the applicant has demonstrated that alternative design concepts carry out the objectives of this chapter and where such development is consistent with the general plan. Hillside residential design criteria may be waived by the city council with the following findings:

1. The project design alternative meets the stated objectives of the 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

2. 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.

D. Competent Design. The development plans shall be designed by, and bear the signature of a person who, under the building code, has been designated as legally competent to submit such development proposal.

Plans for a development subject to a major environmental and design review permit before the design review board planning commission shall be prepared by, and bear the signature of, an architect and/or landscape architect licensed by the state of California Department of Consumer Affairs.

E. Site Design. There should be a harmonious relationship between structures within the development and between the structures and the site. Proposed structures and site development should be related accordant to existing development in the vicinity. There must be a consistent organization of materials and a balanced relationship of major elements.
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1. Views. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills should be preserved and enhanced from public streets and public vantage points. In addition, respect views of St. Raphael's Church up "A" Street.

2. Site Features and Constraints. Respect site features and recognize site constraints by minimizing grading, erosion and removal of natural vegetation. Sensitive areas such as highly visible hillsides, steep, unstable or hazardous slopes, creeks and drainageways, and wildlife habitat should be preserved and respected.

3. Access, Circulation and Parking. The development should provide good vehicular, bicycle and pedestrian circulation and access, on-site and in relation to the surrounding area, including public streets, waterways, shorelines and open space areas. Safe and convenient parking areas should be designed to provide easy access to building entrances. Parking facilities should detract as little as possible from the design of proposed or neighboring structures. Entrances to parking structures should be well-defined and should include materials compatible with those of the parking garage. Traffic capacity of adjoining streets must be considered.

4. Energy-Efficient Design. The site design shall show that due regard has been given to orientation of structures to streets and climatic considerations.

5. Drainage. Special attention shall be given to proper site surface drainage and an adequate drainage system. (Note: The details of drainage systems shall be subject to approval of the director of the department of public works.)

6. Utility Service. Utility connections shall be installed underground. Proposed method of sanitary sewage disposal for all buildings shall be indicated. Refuse collection areas shall be screened and located in areas convenient both to users and to persons who make collections. There shall be adequate ingress and egress to all utilities. (Note: Recycling facilities must meet Standard of Resolution 93-57.) F. Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity, and should enhance important community gateways, view corridors and waterways as identified in the general plan.

1. Design Elements and Approaches. Design elements and approaches which are encouraged include:
a. Creation of interest in the building elevation;
b. Pedestrian-oriented design in appropriate locations; c. Energy-efficient design;
d. Provision of a sense of entry;
e. Variation in building placement and height;
f. Dwelling units accessible to the mobility-impaired;
g. Equal attention to design of all facades in sensitive locations; h. Bedrooms and decks oriented away from high noise sources; i. Common usable areas should offer residents a convenient and attractive place to exercise, relax and meet one another;
j. Private yard areas should be oriented away from high noise sources and take advantage of view opportunities and solar orientation.

2. Materials and Colors. Materials and colors should be consistent with the context of the surrounding area. To minimize contrast of the structure with its background as viewed from the surrounding 4891-1508-9091 v1
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neighborhood, color selection shall coordinate with the predominant colors and values of the surrounding landscape and architecture. High-quality building materials are required. In hillside areas, as identified in Section 14.12.020 of this title, natural materials and colors in the earth tone and woodnote range are generally preferred. Other colors and materials may be used which are appropriate to the architectural style, harmonious with the site and/or compatible with the character of the surrounding environment.
a. Earthtone/woodtone colors are considered to be various natural shades of reddish-brown, brown, grey, tan, ocher, umber, gold, sand, blue and green. b. Natural materials include adobe, slump block, brick, stone, stucco, wood shakes, shingles and siding, and tile roofs.
c. Concrete surfaces shall be colored, textured, sculptured and/or patterned to serve a design as well as a structural function.
d. Metal buildings, roofs, or finishes that develop an attractive oxidized finish (such as copper or weathering steel) may be used. Unpainted metal, galvanized metal or metal subject to rusting is discouraged.
e. Glare-reducing and color-harmonizing finishes may be required on glass surfaces when they constitute fifty percent (50%) or more of a wall or building face, or when they permit a view of pipes, utilities and other service units.
f. Reflective glass, such as mirror or glazed, is discouraged. Such glass may be prohibited where it has an adverse impact, such as glare on pedestrian or automotive traffic or on adjacent structures.
g. Roof materials shall minimize reflectivity.

3. Walls, Fences, and Screening. Walls, fences and screening shall be used to screen parking and loading areas, refuse collection areas and mechanical equipment from view. Screening of mechanical equipment shall be designed as an integrated architectural component of the building and the landscape. Utility meters and transformers shall be incorporated into the overall project design.

4. Exterior Lighting. Light sources should provide safety for the building occupants, but not create a glare or hazard on adjoining streets or be annoying to adjacent properties or residential areas.

5. Signs. Signs shall be designed consistent with the guidelines in Chapter 14.19, Signs.

6. Upper-Story Additions and Modifications Which Result in More Than One Floor. Design review of new two-story homes, upper-story additions and lift-and-fill construction is not intended to preclude such development, but rather required to assure better design of such additions and to limit impacts on adjacent properties. Modifications to structures on lots in the hillside development overlay district or on lots with an average slope of twenty-five percent (25%) or more are subject to the Hillside Residential Design Guidelines Manual.
a. Windows Facing the Rear Yard. There shall be a minimum number of upper-story windows facing the rear where privacy of adjacent residential structures would be significantly affected (e.g., unfiltered and direct views from a primary living area into a primary living room, bedroom or backyard recreational area of an adjoining residential property would result). Windows above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property. Skylights, opaque glass, permanently affixed louvers, inset windows or windows with high sills may be required where appropriate when other window designs would severely affect the privacy of rear yards or patios of adjacent residences. 4891-1508-9091 v1
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b. Windows Facing the Side Yard. Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into windows, balconies or similar openings of adjacent structures.
c. Windows Facing the Front Yard. Windows, balconies, doors or other openings above the first story are encouraged. Windows and doors shall match the style and scale of the windows and doors of the existing structure. Upper-story additions shall be an extension of the existing residence with internal circulation connecting to the existing structure. d. Outside Stairways. Outside stairways to upper stories shall be designed as modest structures which do not dominate the facade of the building.
e. Design Consistency. Proposed roof slope, window style and building materials shall be designed to be consistent with the roof slope, window style and materials of the existing structure. f. Neighborhood Compatibility. Where a prevailing design exists on both sides of the street for the length of the block, the addition or modification shall be designed to be compatible with the design character and scale of the neighboring buildings. g. Shadowing. Shading of existing solar collectors and primary, active recreational areas in the rear and/or side yards of adjacent properties should generally not exceed ten percent (10%) of the area or increase existing shading by more than ten percent (10%) between the hours of noon and three p.m. (3:00 p.m.) on December 21 due to the proposed upper-story construction. For purposes of this subsection, a solar collector shall be any device which is designed primarily to collect solar energy and which contains an area of twenty-four (24) square feet or more.

Applications which cannot meet this design criterion shall demonstrate that every feasible effort has been made to reduce the shading impacts of the proposed structure and that a reasonable upper-story addition which complies with this design criterion is not feasible.

G. Landscape Design. The natural landscape should be preserved in its natural state, insofar as practicable, by minimizing grading, and tree and rock removal. The landscaping shall be designed as an integral enhancement of the site, sensitive to natural site features.

1. Outdoor Amenity Areas. Outdoor amenity areas should be designed to minimize noise impacts on adjoining uses.

2. Water-Efficient Landscape Design. Water conservation shall be considered and incorporated in the design of landscape and irrigation plans for all projects. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with Marin Municipal Water District (MMWD) Ordinance, and future amendments, as adopted. Where available and when deemed appropriate, reclaimed water shall be used for irrigation.

3. Landscaped Buffer Area. Landscaped buffer areas may be required near wetlands and other sensitive habitat areas. A landscaped berm around the perimeter of parking areas is encouraged.

4. Street Trees and Landscaping. Street trees shall be shown on plans submitted for a project within the downtown area, and shall be provided and protected in accordance with the city street tree planting guidelines and recommendations of the city arborist. Street trees and landscaping should be consistent with the following:
a. Provide smaller scale, seasonal color and street trees for pedestrian-oriented streets; b. Provide high-canopy traffic-tolerant trees and landscaped setbacks for primary vehicular circulation streets.
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c. Existing mature trees proposed to be removed as part of a project should be replaced with an equivalent number, size and alternate species.
d. Trees proposed to remain shall be protected during construction. e. All trees shall be installed, protected and pruned in accord with accepted arboricultural standards and practices.

H. Temporary Visual and Air Pollution Resulting from Construction. Temporary pollution resulting from grading and construction shall be minimized to avoid unnecessary annoyance to persons living or working in the area.
(Ord. 1838 §§ 50, 51, 2005; Ord. 1820 § 5, 2004; Ord. 1802 § 7, 2003; Ord. 1695 § 1, 1996; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 90—93, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996 , div. 2(Exh. A,

10.3), 8-16-2021)

14.25.060 Public notice and hearing.

A. Major Environmental and Design Review Permit.

1. The planning commission shall hold a public hearing on an application for a major environmental and design review permit.

2. Notice of design review board meetings and the planning commission hearings shall be given consistent with Chapter 14.29, Public Notice.

B. Minor Environmental and Design Review Permit.

1. The zoning administrator shall hold a public hearing on an application for minor environmental and design review permit.

2. Notice of design review board meetings andzoning administrator hearings shall be given consistent with Chapter 14.29, Public Notice.

C. Administrative Environmental and Design Review Permit. Public notice and hearing are not required for issuance of an administrative environmental and design review permit, except for development subject to Sections 14.14.030 and 14.25.040(C)(19), modifications to properties in the EA overlay district, which shall comply with the notice provisions in Chapter 14.29 of this title. (Ord. 1838 § 52, 2005; Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992). (Ord. No. 1964 , § 2(Exh. B) § 34, 11-19-2018)

14.25.070 Streamlined review of certain residential projects.

The following residential projects shall be eligible for a streamlined review process, as established by city council resolution under a pilot program known as the "streamlined review for certain residential projects." A. Residential structures of three (3) to ten (10) units.

B. Additions to multifamily residential structures of between three (3) to ten (10) units, where the addition constitutes no more than forty (40) percent of the total square footage of the building and would not increase the unit count by more than three (3) units. 4891-1508-9091 v1
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This streamlined review process allows for a joint meeting of the planning commission and two (2) representatives of the design review board. The framework, roles and membership of the design review board representatives for a streamlined review process shall be as established by city council resolution. ( Ord. No. 2018 , div. 1, 10-3-2022) Ord. No. 2018 , div. 1, adopted Oct. 3, 2022, repealed the former § 14.25.070, which pertained to design review board, and enacted a new § 14.25.070 as set out herein. The former § 14.25.070 derived from Ord. 1838, adopted 2005: Ord. 1794, adopted 2003: Ord. 1625, adopted 1992; Ord. No. 1882, adopted June 21, 2010; Ord. No. 2006 , § 1, adopted May 2, 2022.

14.25.080 Conditions of approval.

In approving an environmental and design review permit, the community development director, zoning administrator or planning commission may impose reasonable conditions to assure furtherance of objectives stated herein. Dedication, relocation, installation and/or improvement of rights-of-way may be required where essential to prevent congestion and/or hazards which may result from the use of land proposed. Environmental and design review permits shall be subject to the following standard conditions, unless modified by the approving body:

A. All landscaping shall be maintained in good condition and any dead or dying plants, bushes, or trees shall be replaced with new healthy stock of a size compatible with the remainder of the growth at the time of replacement.

B. Landscaping and irrigation must meet the Marin Municipal Water District's (MMWD) water conservation rules and regulations. For projects that are required to provide a water-efficient landscape pursuant to Section 14.16.370 of this title, the landscape plan and supportive materials shall comply with the Marin Municipal Water District (MMWD) Ordinance No. 414, and future amendments as adopted. Prior to the issuance of a building permit, a grading permit or other authorization or city approval to proceed with construction and landscape installation, the applicant must provide written verification of plan approval from MMWD.

C. The building materials and colors as presented for approval shall be the same as required for the issuance of a building permit. Any future changes in materials or color shall be subject to review by the design review board planning director and approval of an administrative environmental and design review permit.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 95, 6-21-2010)

14.25.090 Findings.

The community development director, zoning administrator or planning commission may approve an application for an environmental and design review permit. The following findings must be made by the hearing body:

A. That the project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter;
B. That the project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located; C. That the project design minimizes adverse environmental impacts; and 4891-1508-9091 v1
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D. That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 96, 6-21-2010)

14.25.100 Notice of decision.

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant. (Ord. 1625 § 1 (part), 1992).

14.25.110 Effect of failure to give notice.

No action, inaction or recommendation regarding any development by the planning director, zoning administrator or planning commission shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by the section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).

14.25.120 Appeals.

Appeals of environmental and design review determinations shall be filed and processed in accordance with Chapter 14.28, Appeals.
(Ord. 1625 § 1 (part), 1992).

14.25.130 Effective date of permit.

An environmental and design review permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless an appeal is filed. (Ord. 1625 § 1 (part), 1992).

14.25.140 Approval to run with the land.

Any environmental and design review permit approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies. Notwithstanding the foregoing, the issuance of administrative design review permits for outdoor eating areas located on city sidewalks or city rights-of-way shall not confer any property rights therein or otherwise encumber the city's property rights.
(Ord. 1751 § 8, 2000: Ord. 1625 § 1 (part), 1992).
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14.25.150 Extensions.

An environmental and design review permit may be extended by the zoning administrator, if the findings required by Section 14.25.090, Findings, remain valid, there have been no substantial changes in the factual circumstances surrounding the originally approved design, and application is made prior to expiration.

Administrative environmental and design review permits may be extended by the community development director.
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 97, 6-21-2010)

14.25.160 Amendments—New application.

The planning director may approve changes in conditions of approval upon determining that the changes in conditions are minor and are consistent with the intent of the original approval, and the zoning administrator may approve minor changes to approved plans. Revisions involving substantial changes in project design or conditions of approval shall be treated as new applications and referred to the original hearing body. (Ord. 1625 § 1 (part), 1992).

14.25.170 Revocation.

An environmental and design review permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement. (Ord. 1625 § 1 (part), 1992).

14.25.180 New application following denial or revocation.

If an application for an environmental and design review permit is denied or revoked, no new application for the same, or substantially the same, environmental and design permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice. (Ord. 1625 § 1 (part), 1992).

14.25.190 Construction review and enforcement.

A. Building Plan Review. An approved application, and all other related and approved maps, drawings and other supporting materials constituting a part of the approved application, shall be so endorsed by the community development director or designated staff. The community development director or designated staff shall review construction drawings, final plans and other similar documents prior to issuance of a building permit for compliance with the environmental and design review permit.

B. Construction Time Frame. The applicant shall continue with construction through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. All plans have to be constructed and maintained as approved. Any design revisions are subject to Section 14.25.160, Amendments—New application. 4891-1508-9091 v1
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C. Building Construction Inspections. The building official shall, when performing building inspections on the site, also inspect for compliance with the environmental and design review permit and shall report to the community development director any deviations therefrom, either in the plans or on the site.

D. Construction Impacts. Temporary visual and air pollution resulting from construction shall be minimized through retention of natural vegetation, rock formations and topography until applicant is prepared, once grading commences, to continue immediately with the construction applied for through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. During grading, dust prevention must be emphasized to avoid unnecessary annoyance to persons living or working in the area.

E. Noncompliance. In addition to the fines and penalties set forth in Chapter 14.29, Enforcement, failure to comply in any respect with an environmental and design review permit shall constitute grounds for the immediate stoppage of the work involved in said noncompliance.

F. Certificate of Occupancy. An occupancy permit shall not be issued in part or whole for any improvement subject to environmental and design review unless and until the work specified in the environmental and design review permit has been completed, including landscaping. If for any valid reason full compliance in accordance with the environmental and design review permit cannot be made, a cash bond or other approved form of surety, which shall be in such amount as the city may fix, shall be posted for the work to be completed within a reasonable period of time as determined by the community development director. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 98, 6-21-2010)

14.25.200 Expiration.

Environmental and design review permits are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.
(Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 8.1), 8-6-2021)
Chapter 14.26 REQUESTS FOR REASONABLE ACCOMMODATION

14.26.010 Purpose.

This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures. (Ord. 1838 § 54 (part), 2005).
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14.26.020 Applicability.

A. Authorized Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or any who has a record of such impairment.

This chapter is intended to apply to those persons who are defined as disabled under the Acts.

B. Elimination of Regulatory Barriers. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housingrelated facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A request for reasonable accommodation shall comply with Section

14.26.030 (Application requirements) of this chapter.
(Ord. 1838 § 54 (part), 2005).

14.26.030 Application requirements.

A. Application. A request for reasonable accommodation shall be initiated by submitting to the community development department a completed application form, signed by the property owner or authorized agent, accompanied by the required fee, and the following information submitted in the form of a letter to the community development director:

1. The applicant's name, address and telephone number;

2. Address of the property for which the request is being made;

3. The current use of the property;

4. The basis for the claim that the individual is considered disabled under the Acts;

5. The zoning code provision or other city regulation or policy from which reasonable accommodation is being requested; and

6. An explanation of why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. Review with Other Planning Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary planning approval (such as a use permit, environmental and design review permit, zone change, general plan amendment or subdivision), then the applicant shall file the information required by subsection A of this section together for concurrent review with the application(s) for discretionary approval.
(Ord. 1838 § 54 (part), 2005).

14.26.040 Review authority.

A. Community Development Director. A request for reasonable accommodation shall be reviewed by the community development director if no planning approval is sought other than the request for reasonable accommodation.
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B. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary planning approval shall be reviewed by the authority reviewing the discretionary planning application.
(Ord. 1838 § 54 (part), 2005).

14.26.050 Public notice.

Written notice that a request for reasonable accommodation has been filed shall be given as follows:

A. Community Development Director Authority. For a request subject to review by the community development director, a notice shall be mailed to the owners of record of all properties which are immediately adjacent to the project which is the subject of the request at least fifteen (15) days prior to the decision by the director.

B. Other Review Authority. For a request made in conjunction with another discretionary planning approval, notice shall be given in the manner prescribed for the other discretionary planning application.
(Ord. 1838 § 54 (part), 2005).

14.26.060 Findings and decision.

A. Findings. The written decision to grant or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

1. Whether the housing, which is the subject of the request, will be used by an individual with a disability under the Acts;

2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts;

3. Whether there is an alternative accommodation which may provide an equivalent level of benefit;

4. Whether the requested accommodation would negatively impact surrounding uses or properties;

5. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city; and

6. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in subsection A of this section. (Ord. 1838 § 54 (part), 2005).

14.26.070 Appeal of determination.

A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed in accordance with Chapter 14.28, Appeals, of this title. (Ord. 1838 § 54 (part), 2005).

Title 14 - ZONING*
Division V - ADMINISTRATIVE REGULATIONS
Chapter 14.27 AMENDMENTS
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Chapter 14.27 AMENDMENTS

14.27.010 Specific purposes.

The purpose of this chapter is to establish procedures for amending the zoning map or zoning regulations whenever the public necessity, convenience or general welfare require such amendments. The amendment process is necessary to maintain consistency with the general plan and state law over time, to supplement zoning regulations, and to improve the effectiveness and clarity of the zoning ordinance. The provisions and procedures of this chapter are applicable to amendments to the Downtown San Rafael Precise Plan, form-based code and downtown zoning map, which are adopted by separate ordinance. (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. C, 9.1), 8-6-2021)

14.27.020 Authority.

A. The planning commission shall recommend to the city council approval, approval with modifications, or denial of the requested amendment to the zoning map or zoning regulations. After the hearing, the planning commission shall render its decision to the city council in the form of written recommendation in a report which shall include the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to applicable general and specific plans.

B. If the matter under consideration is to rezone property, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take any further action thereon unless appealed. Upon receipt of a recommendation from the planning commission to approve an amendment, the city clerk shall set the matter for public hearing. The city council shall hear and decide requests for amendments to the zoning map or zoning regulations based on recommendation for approval by the planning commission, or on appeal.
(Ord. 1625 § 1 (part), 1992).

14.27.030 Initiation of amendments.

A. Zoning Map. Amendments to the zoning map may be initiated by:

1. Application of one or more property owners affected by the proposed amendment;

2. Action of the planning director;

3. Action of the planning commission; or, by

4. Action of the city council.

B. Zoning Regulations. Amendments to zoning regulations may be initiated by:

1. Application of any property owner, resident or business owner in the city;

2. Action of the planning director;

3. Action of the planning commission; or, by
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4. Action of the city council.
(Ord. 1625 § 1 (part), 1992).

14.27.040 Application for amendments initiated by the public.

Applications for amendments to the zoning map or zoning regulations by the public shall be initiated by submitting the following information to the planning department: a completed application form, signed by the property owner(s) or authorized agent, accompanied by the required fee, and any other information, plans or maps prescribed by the planning director.
(Ord. 1625 § 1 (part), 1992).

14.27.050 Public notice and hearing.

The planning commission shall hold a public hearing on any proposed rezoning or amendment to the zoning ordinance. Notice of public hearing shall be given consistent with Chapter 14.29, Public Notice. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.27.060 Findings.

The city council may approve an amendment to the zoning map or zoning regulations if the following findings can be made:

A. The proposed amendment is consistent in principle with the general plan.

B. The public health, safety and general welfare are served by the adoption of the proposed amendment. (Ord. 1625 § 1 (part), 1992).

14.27.070 Notice of decision.

The city council shall prepare a written decision which shall contain the findings of fact upon which such decision is based. The decision shall be mailed to the applicant. (Ord. 1625 § 1 (part), 1992).

14.27.080 Effect of failure to give notice.

No action, inaction or recommendation regarding a proposed amendment to the zoning map or zoning regulations by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this chapter, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.
(Ord. 1625 § 1 (part), 1992).
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14.27.090 Revisions of proposed amendments.

At or after a public hearing, the planning commission or city council may determine that the public interest would be served by:

A. Revising the boundaries of the area proposed for a zoning map amendment; B. Considering zoning map designations not originally presented in an application, motion or commission recommendation; or
C. Considering a zoning regulation amendment not originally presented in a motion, application or commission recommendation.

Notice shall be given prior to a hearing on a revised amendment, unless the commission or council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. Any proposed amendment not previously considered by the planning commission during its hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the reference, shall be deemed to be approval of the proposed modification. (Ord. 1625 § 1 (part), 1992).

14.27.100 New application following denial.

If an application for an amendment to the zoning map or zoning regulations is denied, no new application or petition for the same, or substantially the same, amendment shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice. (Ord. 1625 § 1 (part), 1992).

14.27.110 Prezoning.

Unincorporated territory adjoining the city, within the sphere of influence, may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city.

A. Initiation. Prezoning may be initiated by action of the planning commission or city council, or by an application filed by a property owner(s), or the owner's authorized agent, within the proposed prezoning area.

B. Application. Application for prezoning may be initiated by a member of the public through the same procedures specified in Section 14.27.040, Application for amendments initiated by the public, for filing an application to amend the zoning map or zoning regulations.

C. Effective Date. Prezonings approved by the city council shall become effective at the same time the annexation becomes effective.
(Ord. 1625 § 1 (part), 1992).

Chapter 14.28 APPEALS
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14.28.010 Purpose and authorization for appeals.

In the event that an applicant or others affected wish to contest an action made by the planning director, zoning administrator or planning commission relevant to the administration of this title, they may file an appeal as described below.

A. Administrative Decision. Appeals based on decisions made by the planning director (or the planning director's designated appointee) may be filed by any aggrieved party with the planning commission.

B. Zoning Administrator Decision. Appeals based on decisions made by the zoning administrator may be filed by any aggrieved party with the planning commission.

C. Planning Commission. Appeals based on decisions made by the planning commission may be filed by any aggrieved party with the city council.

While an appeal is pending, the establishment of the proposed structure or use is to be held in abeyance. (Ord. 1625 § 1 (part), 1992).

14.28.020 Right of appeal.

Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.
(Ord. 1625 § 1 (part), 1992).

14.28.030 Filing and time limit of appeals.

An appeal under this title shall be filed in the planning division within five (5) working days of the decision being contested, except that where such an appeal is combined with an appeal of the same decision under Title 15 of this code, the appeal shall be filed within ten (10) calendar days, as provided under Section 15.01.040 of this code. Appeals shall be made in writing and shall set forth the grounds for the appeal. Appeals shall be accompanied by the required filing fee.
(Ord. 1838 § 55, 2005: Ord. 1625 § 1 (part), 1992).

14.28.040 Scheduling and notice for public hearing
A. Public Hearing Required. The planning commission or city council, as the case may be, shall hold a public hearing on an appeal. At the public hearing, the appellate body shall review the record of the decision and hear testimony of the appellant, the applicant and any other interested party.

B. Public hearing scheduled. Following the timely filing of an appeal, the appeal shall be scheduled for the next available planning commission or city council meeting, as the case may be, and allowing sufficient time for giving notice pursuant to subsection (C) of this section and state law.

C. Public hearing notice. Notice of public hearings shall be given in the manner required for the decision being appealed as set forth in Section 14.29.020 of this Code. (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1990 , div. 6, 3-1-2021)
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14.28.050 Notice of decision.

After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant. (Ord. 1625 § 1 (part), 1992).

14.28.060 Effect of failure to give notice.

No action, inaction or recommendation regarding any proposed development by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown. (Ord. 1625 § 1 (part), 1992).

14.28.070 Effective date of appealed actions.

A. A decision by the city council regarding an appeal shall become final on the date action was taken by the city council.

B. A decision by the planning commission regarding an appeal shall become final five (5) working days after the date of the decision, unless appealed to the city council. (Ord. 1625 § 1 (part), 1992).

14.28.080 New appeal.

Following denial of an appeal, any matter that is substantially the same shall not be considered by the same body within one year, unless the denial is made without prejudice. (Ord. 1625 § 1 (part), 1992).

Chapter 14.29 PUBLIC NOTICE

14.29.010 Specific purpose.

This chapter establishes procedures for noticing public meetings and hearings before the design review board, zoning administrator, planning commission and city council. When a public meeting or hearing is required by this zoning ordinance, public notice shall be given as provided by this chapter. (Ord. 1824 § 1 (Exh. A) (part), 2004).
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14.29.020 Notice of public meeting or hearing.

When a land use permit or other matter requires a public meeting or hearing, the public shall be provided notice in compliance with state law (Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code 21000 et seq.), and as required by this chapter.

A. Contents of Notice. Notice of a public meeting or hearing shall include:

1. Hearing Information. The date, time and location of the meeting or hearing, the name of the meeting or hearing body or officer, and the phone number of the project planner and street address where an interested person could call or visit to obtain additional information;

2. Project Information. A description of the proposed project or matter to be considered and the location of the property, if any, that is the subject of the hearing; and

3. Statement of Environmental Review. The notice for a public hearing shall include a statement regarding compliance with the California Environmental Quality Act (CEQA) and level of environmental review. If a negative declaration or environmental impact report has been prepared for a project, the notice shall include a statement that the hearing body will also consider adoption of the negative declaration or certification of the final environmental impact report.

B. Method of Notice Distribution. Notice of a public meeting or hearing required by this chapter for a land use permit, amendment, or appeal shall be given as follows, or as required by state law (Government Code Sections 65090 and 65091), whichever is greater:

1. Mailing. Notice shall be mailed at least fifteen (15) days prior to the meeting or hearing to the following:
a. Owners of the Project Site and Applicant. The owner(s) of the subject property, or the owner's agent and the applicant;
b. Neighborhood, Business and Homeowner's Association. The affected neighborhood, business and homeowner's association(s) where the project site is located; c. Affected Property Owners. All property owners shown on the latest equalized assessment roll within a radius of three hundred feet (300′) from the exterior boundaries of the property that is the subject of the meeting or hearing (in lieu of the assessment roll, records of the county assessor which may contain more recent information than the assessment roll may be used);
d. Nonowner Occupants and Tenants. All nonowner occupants and tenants within a radius of three hundred feet (300′) from the exterior boundaries of the property that is the subject of the meeting or hearing;
e. Local Agencies. If any proposed rezoning or amendment to the zoning ordinance affects the permitted uses of real property, each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the development, whose ability to provide those facilities or services may be significantly affected.

2. Posting. Notice shall be posted on the subject property at least fifteen (15) days prior to the meeting or hearing in accordance with the following:
a. Applications Requiring Posting. A public hearing notification sign shall be required for the following applications: planned developments, rezonings and general plan amendments involving a land use change, tentative maps, variances, use permits involving new construction and environmental and design review permits. Posting shall be required for 4891-1508-9091 v1
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environmental and design review permits only when development is proposed on a vacant lot or when additional building area is proposed on an existing developed property. b. Sign Size, Height and Design. Each sign shall be twenty-four inches by thirty-six inches (24" × 36") and shall be mounted or attached to a frame that provides adequate visibility. The sign shall provide a notice with information about the proposed project, including: the name of the meeting or hearing body or officer, the date, time and location of the meeting or hearing, a description of the proposed project, and the phone number of the project planner and address where an interested person could call or visit to obtain additional information.
c. Timing. The city shall cause the required sign to be posted, at the owner's expense, on the subject property in accordance with subsection (B)(2)(d) of this section, at least fifteen (15) days prior to the meeting or hearing. The sign shall remain until action has been taken on the project and the appeal period has expired.
d. Location. The required sign shall be posted on the subject property parallel to the street or right-of-way within five feet (5′) of the front property line. In all instances, the sign shall be located in an area most visible to the public. Signs shall not be located in a manner that would impede safe sight distance for automobiles. In cases where there is an existing structure on the subject property located closer than five feet (5′) from the front property line, the notice may be posted inside a window or on a wall clearly visible from the public right-of-way or sidewalk.

3. Publication. Notice of any proposed rezoning or amendment to the zoning ordinance shall be published at least once in a newspaper of general circulation at least fifteen (15) days prior to the hearing.

4. Alternative to Mailing. In the event that the number of property owners to whom a notice would be mailed is greater than one thousand (1,000), the city may, as one alternative to the notice required by subsections (B)(1)(a) through (B)(1)(d) of this section, place a display advertisement of at least one-eighth page in a newspaper of general circulation in the city at least fifteen (15) days prior to the hearing.

5. Additional Notice. In addition to the types of notice and noticing radius required above, the community development director may provide any additional notice or notice a wider radius as the director determines is necessary or desirable.

C. Neighborhood Meetings. When neighborhood meetings are required in accordance with City Council Resolution 8037, or subsequent amendments, noticing shall follow the procedures in this Chapter. (Ord. 1824 § 1 (Exh. A) (part), 2004).
(Ord. No. 1882, Exh. A, § 99, 6-21-2010)
Chapter 14.30 ENFORCEMENT

14.30.010 Specific purposes.

This chapter establishes the authority of the code enforcement office, and identifies enforcement responsibilities, procedures and actions. Enforcement of the provisions of this title shall be diligently pursued in order to provide for their effective administration, to ensure compliance with the terms and conditions of permit 4891-1508-9091 v1
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and license approvals, to promote the city's planning efforts, and to protect the public health, safety and general welfare.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.30.020 Authority of the code enforcement office established.

The code enforcement office is hereby established as a separate department or division under the directorship of the planning department, with primary responsibility being enforcement of the zoning ordinance.

The code enforcement office supports the planning department, city manager, city attorney, public works department, building inspection department, finance department and police department. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.30.030 Permits, licenses, certificates and approvals.

A. The planning director and/or planning commission may refuse to receive, file, process, review, make recommendations on, hold hearings on, issue permits for, or otherwise take action on any application under this title if the site, structure and/or use involved in the application is in violation of or will result in a violation of this title or municipal code. Any permit, zoning change, license or other action issued in conflict with the provisions of this title shall be null and void.

B. All departments, official and public employees of the city of San Rafael vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.30.040 Violations.

No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to this title or with any other ordinance relating to land use development. This section shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent or employee, if the person has notice of the terms and conditions of the permit or approval.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1774 § 2, 2001; Ord. 1625 § 1 (part), 1992).

14.30.050 Each day a separate violation.

Each day during any portion of which a person violates the provisions of this title or the terms and conditions of any permit or approval shall constitute a separate violation. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.30.060 Enforcement actions.

In addition to any other remedy provided for by law, the following types of enforcement action may be taken with respect to any violation of this title or the terms and conditions of any permit or approval:
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A. The code enforcement officer, planning director or the planning director's designated appointee(s) may institute proceedings, as provided for in Section 14.30.070, Revocation of discretionary permits, of this chapter, to revoke any permit or approval;
B. The code enforcement officer may issue a citation with fees, as provided for in Municipal Code Section

1.42.010;
C. The code enforcement officer, planning director, director of public works, city attorney or any other city official designated by the city manager may institute nuisance abatement proceedings, as provided for in Municipal Code Chapters 1.16 and 1.20;
D. The city attorney may prosecute as a misdemeanor municipal code violations, in accordance with Municipal Code Section 1.42.010.
(Ord. 1838 § 56, 2005: Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

14.30.070 Revocation of discretionary permits.

A. Duties of Planning Commission. Upon determination by the planning director, planning commission or city council that there are reasonable grounds for revocation or modification of a use permit, variance, design review or other discretionary approval authorized by this title, a revocation hearing shall be scheduled before the planning commission.

B. Notice and Public Hearing. Notice shall be given in the same manner required for a public hearing to consider permit approval.

C. Hearing. The planning commission shall hear and consider all relevant evidence, objections and protests, and shall receive written and/or oral testimony from owners, witnesses, city personnel and interested persons relative to such case and to proposed modifications, rehabilitation, repair, demolition or other abatement appropriate under the legal powers of the city.

D. Decision and Notice. At the conclusion of the hearing, the planning commission shall render a decision, and ensure that the owner or the owner's authorized representative is notified of the decision and of the appeal process. If the owner or the owner's authorized representative is not present at the meeting, the planning commission shall send notice of the decision by certified mail to the owner of the use or structure for which the permit was reviewed. Said notice shall also include notice of the right to appeal the planning commission's decision to the city council.

E. Effective Date—Appeals. If the owner or the owner's authorized representative is present at the revocation hearing, a decision to revoke a discretionary permit shall become final five (5) working days after the date of the decision, unless appealed to the city council. In the event that the owner or the owner's authorized representative is not present at the revocation hearing, a decision to revoke a discretionary permit shall become final five (5) working days after notice of the decision is received by the applicant through certified mail, unless appealed to the city council. Decisions made by the city council on revocation hearings shall be final.

F. Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.
(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

Exhibit C: Changes to Title 15

15.07.020 - Lot design standards.
(d) Environmental and Design Review Permit requirement. Any lot in a major or minor subdivision created for the purpose of development, where the percent of slope is over twenty-five percent (25%) shall require a major environmental and design review permit, processed consistent with the provisions of Title 14 19 (Zoning) of the municipal code. This permit application shall be reviewed by the design review board and approved by the planning commission to assure that such lots and the subdivision design comply with the following general plan criteria as implemented through the hillside resource residential design guidelines manual:
(1) Subdivision grading minimized;
(2) Avoids highly visible hillsides and ridgeline development; (3) Preserves hillsides as visual backdrop;
(4) Steep slopes avoided;
(5) Clustering of development to be utilized to minimize visual impacts; (6) Tree preservation maximized;
(7) Minimizes removal of natural vegetation;
(8) More hazardous/unstable portions of site avoided;
(9) Mitigates geotechnical site constraints or conditions when needed; (10) Buildings achieve hillside design quality; and
(11) Preserves or protects unique or special natural features of the site, such as rock outcroppings, mature vegetation, landforms, creeks, drainage courses, hilltops or ridgelines.
(e) The following reports and maps shall be prepared prior to tentative map approval in order to insure that the subdivision design is consistent with the San Rafael general plan:
(1) A geotechnical investigation prepared consistent with the geotechnical review matrix shall be conducted.
(2) A drainage report prepared in accordance with the requirements outlined in the hillside resource residential design guidelines manual.
(3) A biological survey, which classifies portions of the site by their degree of risk of plant communities from wildland fires and establishes guidelines for development in riparian and watershed areas.
(4) An arborist/forester's report consistent with the requirements outlined in the hillside resource residential design guidelines manual shall be prepared which establishes guidelines for the preservation of significant trees.
(5) A grading and erosion control plan consistent with the requirements outlined in the hillside resource residential design guidelines manual shall be prepared.

Exhibit C: Changes to Title 15
(6) A building envelope shall be established for each lot consistent with the hillside resource residential design guidelines manual.

15.07.030 - Street, driveway and parking standards.
(a) Narrower street widths (acceptable to the city engineer and other city departments) can be approved when it will reduce grading impacts and the number of lots, topography, and the level of future traffic development justifies the reduction. Twenty-five feet (25') is the minimum width requirement for a public street.
(b) Each lot shall have a private driveway, the grade of which shall not exceed eighteen percent (18%), with adequate provision for ingress and egress. With a supportive recommendation from the design review board and city departments, an exception may be granted to allow grooved driveways with a grade of eighteen to twenty-five percent (18-25%), when it will result in a project which has fewer impacts on grading, trees and views.
(c) Each lot created on substandard city streets and all private streets shall provide a minimum of two (2) off-street, independently accessible guest parking places for each dwelling unit intended to be developed on the lot. These parking spaces shall not be located on the driveway apron.

These spaces shall be conveniently placed relative to the dwelling unit they serve. This requirement may be waived or reduced when the size or shape of the lot or the need for excessive grading make the requirement infeasible. Subsection (c) 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).
(d) No private street leading to a private driveway on a lot shall exceed a grade of eighteen percent (18%).

15.06.110 - Grading and drainage.
(a) Grading. Grading required for a subdivision shall meet the following standards:
(1) Grading shall be designed to create a natural appearance to the extent possible.

Graded slopes shall be designed to transition to adjacent properties so as to limit abrupt changes in topography.
(2) Graded slopes shall not exceed two to one (2:1), unless the city engineer determines that a steeper slope is justified to minimize the amount of grading or to reduce potential tree removal and, where it is determined that the soil and geologic conditions are suitable for and capable of accommodating a steeper slope.
(3) The finished lot grading shall provide a building site and usable yard area that is compatible with the surrounding pattern of development. (4) Retaining walls and/or stepped foundations shall be encouraged in areas to reduce grading and tree removal. Retaining walls shall not exceed eight feet (8') in height, unless approved by the city design review board. the Planning Commission.

Date: June 15, 2024
Via Email
To: San Rafael Planning Division and Commissioners
City of San Rafael Community Development Department
1400 FiBh Avenue, San Rafael, CA 94903
cc: Micah Hinkle, Community Development Director
Margaret Kavanaugh-Lynch, Planning Manager
Re: Comments Regarding the Proposed ConsolidaNon of the Design Review Board and the Planning Commission
Dear Planning Division and Commissioners,
As you know, Responsible Growth in Marin (“RGM”) is a non-profit grassroots organizaNon comprised of 1000+ residents and businesses living and working in Marin County. Our mission is to support responsible growth and development of much needed affordable housing, while protecNng, as best we can, the beauNful county in which we live from poorly thought-out development and unchecked growth. We are aware that recent laws, such as SB 35 and SB 9, passed by the State of California have severely limited the ability of local governments to regulate development.
1 However, our view is that those laws make it even more important for ciNes such as San Rafael to do their best to prevent haphazard construcNon and potenNal abuse of those laws. Poor design and inadequate planning that will have a detrimental effect on our county and city for decades to come will not serve either exisNng residents or the residents of the much needed new housing.

Given this background, we understand and support the raNonale behind San Rafael (“the City”)’s proposal to consolidate the Design Review Board (“DRB”) and the Planning Commission (“PC”). We agree that red tape should be eased to allow well thought out and beneficial projects to move forward more quickly. We would like to work with the City to accomplish this in a way that safeguards whatever protecNons are leB against ministerial approval of poorly designed projects and piecemeal developments.

As you know, several members of RGM abended the PC meeNng on Tuesday, June 11, 2024 and we made verbal comments regarding the staff report and the proposed Ordinance to amend Titles 2, 14 and 15. We expand on some of those comments here, and also raise addiNonal 1 There are reasons that Housing Accountability Act is known colloquially as “the Builder’s Remedy” (emphasis added).
2 issues that we think are important for the PC to consider before approving the proposed consolidaNon of the two boards. We do this not to criNcize but to (hopefully) make construcNve suggesNons.

OBJECTIVE DESIGN STANDARDS
First, we think that the comments made by Kate Powers of the Marin ConservaNon League are incredibly important and raise several separate issues. As currently consNtuted, all DRB members must be licensed architects, licensed building designers, or licensed landscape architects and at least one member must have background or experience in urban design. In other words, the current DRB is by far the most qualified and experienced City Board or Commission to opine on, and make recommendaNons for, the City’s proposed ObjecNve Design Standards (“ODS”).

The City’s records show that the DRB never formally opined on or recommended the City’s draB ODS. The DRB discussed the draB ODS in its regular meeNng on September 7, 2022, and at that Nme determined that much more informaNon was required before the DRB could recommend them to the City. This was because of the myriad issues involved as well as the City’s diversity.

On November 8, 2022, staff reported to the DRB that requested informaNon was sNll being gathered. However, that appears to be end of the DRB’s involvement with ODS.

At the PC’s regular meeNng on February 27, 2024, staff stated that it was important for the PC to approve the City’s draB ODS quickly otherwise the City would have to return around $28,000 to the state. Staff also noted in its wriben report to the PC that it “regret[s] that the DRB did not have an opportunity to make a formal recommendaNon on these design standards.” See staff report 2/27/2024 at p. 4.

Frankly, we think it bizarre that the City stated the DRB did not have an “opportunity” to make formal recommendaNons when 22 of its 29 scheduled mee>ngs between November 8, 2022 and February 27, 2024 were cancelled. On its surface, it appears that the PC was encouraged to rush through approval of the draB ODS simply to save $28,000 – frankly, a pibance compared to the cost of the legal risks the City will be taking and without any regard to the effect this decision might have on its residents – both new and exisNng – regarding the potenNally poorly designed buildings and neighborhoods those residents would have to live with for decades.

AlternaNvely, the conclusion could be drawn that the City did not want the DRB’s expert input.

It's possible that much work went on behind the scenes regarding San Rafael’s draB ODS.

However, as DRB Chair Rege and Member Summers stated at the September 7, 2022 meeNng, the DRB is only five people and the general public are the real people enNtled to know what was going on and what proposed future projects would look like. See DRB 9/7/2022 MeeNng Video at approx. 46:34. Serious quesNons are raised because of the City’s apparent desire to force through the City’s draB ODS despite the many unanswered DRB quesNons and the PC’s descripNon of them as “half-baked” at Tuesday’s meeNng. 3 We feel that this issue should be fully explained and clarified by the City, which has a commitment to transparency.2
To suggest that the City will deal with any complicaNons arising from the uncertainty of the ODS by uNlizing a “stable” of aborneys and consultants engaged by the City seems naïve. The City must know that potenNal ambiguiNes in laws and ordinances can be exploited, and even if the ordinance eventually survives, legal costs can be vast – far in excess of $28,000 – all to be paid by taxpayers.

In sum, it seems to us that the prudent and responsible thing for the City to do would be to delay the raNficaNon of the proposed consolidaNon Ordinance unNl the ODS issue has been totally finalized in a transparent and acceptable way.

MEMBER REQUIREMENTS AND DEFINITIONS
As we suggested at the Tuesday’s meeNng, both the proposed Ordinance and the staff report lacked important definiNons for many of the important terms. AddiNonally, there are significant conflicts between the documents. Director Hinkle indicated that the City’s legal counsel had already raised the issue of definiNons and had suggested a definiNon of the term “design professional.” The definiNon for that term, read by Director Hinkle, was different than the definiNon in California Civil Code §8014. While always deferring to the judgment of the City’s counsel, we think it prudent to conform to long standing California law whenever possible.

Further, the requirements suggested by the staff report and the draB Ordinance for being a planning commissioner appear to conflict with each other. The staff report indicates that “five of the commissioners [will have] experNse in planning, zoning, and land use,3 and four [will have] experNse in design.”4 See Staff Report at p. 2. However, the same paragraph goes on to say that balance will be achieved because “two of the seven [main PC members] and both alternates, [will have] experNse in land use, zoning, planning, and design, with two of the seven, and both alternates, being architects or design professionals.” Simply put, the math does not add up. Four members of the PC (including both alternates) must be design professionals or licensed architects; however of the other five, the four District RepresentaNves need no qualificaNon other than to live in San Rafael (see draB Ordinance).

That leaves the one addiNonal “at large” commissioner to make up the five who must have experNse in planning, zoning, and land use. However, according to the staff report, of the three 2 See, e.g., hBps://katecolinsanrafael.com/local-issues/ (“My first iniIaIves upon joining the City Council in 2013 was co-creaIng with our community the Resident Engagement and Transparency plan which the City has since implemented.”)
3 We assume each commissioner needs only experIse in one of these areas, not all of them. This should be clarified.
4 It is not clear from the staff report whether the four will be separate from the five, or whether the five can include the four. This should be clarified.
4 At-large Members, only “one needs to be a Licensed Architect and one needs to be a Design Professional.” Therefore, according to one part of the staff report, one at-large member needs no professional qualificaNons but the same paragraph states that all three at-large and the two alternates need to have experNse in “land use, zoning, planning, and design.” This should be clarified.

Given the lack of definiNons of various terms used, the conflicNng definiNons proposed for some of the terms, and the confused requirements for the make-up of the PC, we suggest that using the descripNons and requirements for the current DRB (Title 2 §2.16.121) to determine the requirements for members of the revamped PC. Those terms have stood the test of Nme and can easily be adapted to apply to a nine-member commission instead of a five-member advisory board.5
Finally, the concept of a nine-member PC, two of whom being non-voNng, should be quesNoned. As more than one commissioner noted, the idea that alternate members should abend every PC meeNng but with no actual authority (unless a fully-fledged member is absent) seems to ignore reality. While the concept is understandable, the PC and staff acknowledged potenNal difficulNes in getng qualified applicants for the full board. Therefore, it should be taken into account why a highly qualified resident would give up so much Nme abending PC meeNngs every two weeks as an alternate, to potenNally have no impact. The quesNon we posed at Tuesday’s meeNng, and echoed by some commissioners, seems reasonable – why not simply have a nine-member PC? This would also solve the issue raised by one commissioner as to how a quorum of the PC at any given meeNng would be determined.

THERE IS NO NEED TO RUSH
At Tuesday’s PC meeNng, Director Hinkle stated that a number of development applicaNons were on hold because the applicants were waiNng for this proposal to pass (that is, consolidaNng the PC and DRB) so that they did not have to deal with separate DRB and PC processes. One commissioner noted that this was not a reason to rush the consolidaNon process while another commissioner stated that the purpose of the PC was to protect the community and ensure projects were in the best interests of the City, not necessarily the best interests of developers. We agree.

While we support the concept of streamlining the approval processes, as noted above, approving an ordinance that is only “half-baked” seems unnecessary right now. More than one commissioner noted that “things seem quiet right now”, indicaNng that if the City wanted to 5 Director Hinkle noted that requiring architects or other professionals to be licensed would make reIred architects or other professionals ineligible. Although the current version of Title 2 §2.126.120 requires members to be licensed, this could easily be modified to include “or reIred licensed architects or licensed building designers [or other professionals].”
5 “blow things up” (referring to planning requirements), now was a good Nme to do it.6 We suggest that the opposite is also true – at the present Nme, there is the opportunity to make sure the City gets it right by not rushing things.

What the City does now will have long-term effects and profound impacts on current residents – those who have invested years of their lives and significant hard-earned cash in making the City what it is today. Sacramento has skewed the playing field in favor of new housing (without regard for what is actually needed – affordable housing). It is thus up to the City to protect the interests of its exisNng residents as well its new residents. The City should not give away the store to developers simply because Sacramento has passed well-meaning but poorly thought out one-size-fits-all laws.

History is libered with examples of well-intended planning gone wrong (for example, New York in the 1930s; London in the 1980s and 90s; Los Angeles sNll)7 as well as communiNes and neighborhoods lacking cohesion and overall plan (for example, San Rafael’s own Canal and Gerstle Park neighborhoods). The City (that is, this PC and the City Council) should learn from others’ mistakes. The City should well know that creaNve lawyers, working for well-heeled developers, will be able to exploit any and all loopholes, not only potenNally cosNng the City (and its taxpayers) enormous sums in legal fees but also wreaking development havoc on our city and its neighborhoods.

The PC is not just an advisory commission. It makes important decisions and recommendaNons to the City Council. It has a duty to the city as a whole, parNcularly its residents, not to make illadvised rushed decisions simply because the City Council wants a parNcular result.

We remain willing to work with the City to help ensure it remains the best it can be.

Yours sincerely,
David B. Smith, President
Responsible Growth in Marin
6 We note that the first commissioner at the meeIng to suggest this will no longer be a resident of San Rafael by the end of this month, and thus no longer eligible to serve on the PC. 7 This is not intended by any means to be a complete list. ____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 3.a
Meeting Date: June 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office/Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez, Human
Resources Director
City Manager Approval: ______________
TOPIC: MEMORANDUM OF UNDERSTANDING WITH THE SAN RAFAEL MIDMANAGEMENT EMPLOYEE ASSOCIATION (SRMMEA) SUBJECT: RESOLUTION APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING

PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL MID-MANAGEMENT EMPLOYEE ASSOCIATION (JULY 1, 2024, THROUGH JUNE 30, 2027)
RECOMMENDATION:

Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to compensation and working conditions for the San Rafael Mid-Management Employee Association (SRMMEA) beginning July 1, 2024, and ending June 30, 2027.

BACKGROUND:

The San Rafael Mid-Management Employee Association (SRMMEA) represents 36 FTE employees in various City departments. The SRMMEA was organized in November 2023. Prior to forming the SRMMEA, all mind-management employees in the City of San Rafael were unrepresented. Wages, benefits and working conditions were established through a City Council salary resolution. The current resolution, Resolution No. 14955 expires on June 30, 2024; however, with the establishment of the SRMMEA bargaining group, their wages, benefits and working conditions will be specified in a memorandum of understanding (MOU). Representatives of the City and SRMMEA have met in good faith and worked diligently to negotiate the terms of an MOU. The City and SRMMEA signed a total package tentative agreement for a three-year successor MOU effective July 1, 2024, and SRMMEA membership ratified the proposal on June 17, 2024.

The City’s negotiations were informed by the following:
• Fiscal Sustainability and Predictability
o Revenue Assumptions
o Expenditure Assumptions
o Inflation and recession predictions
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
• Three-year MOUs
• Recruitment and Retention of Employees
o Vacancy and Attrition Rates
o Hard to fill job classifications
• Compensation of Comparable Agencies
• Internal Equity and Compaction
ANALYSIS:

The following section summarizes the terms and significant economic items in the MOU between the City and SRMMEA. In addition to the economic items, some operational items were addressed in the final agreement.

1. Term of the Agreement: July 1, 2024, through June 30, 2027

2. General Wage Increase (Article 3.1.2): All classifications in the bargaining group will receive a

3.0% cost of living increase each year of the MOU. In addition, individual classifications will receive equity adjustments based on the labor market adjustment agreed to for each position. The total value of the salary increases applied across the bargaining group is as follows:
a. Year 1: A 3.0% cost of living increase and up to a 4.0% equity adjustment (dependent upon position) for a total increase of 3.0% to 7.0%
b. Year 2: A 3.0% cost of living increase and up to a 4.0% equity adjustment (dependent upon position) for a total increase of 3.0% to 7.0%
c. Year 3: A 3.0% cost of living increase and up to a 4.0% equity adjustment (dependent upon position) for a total increase of 3.0% to 7.0%
The salary schedule included in the attached MOU authorizes the proposed new salary range for each position.

3. Full Flex Cafeteria Plan (Article 4.1.1): To address rising healthcare costs and improve the City’s ability to recruit and retain employees and to improve the market position among comparator agencies, employees will receive an increase in their monthly Flex Dollar Allowance as noted below:

Health Tier Current Increase Effective
Dec 2024
Employee Only $ 735.86 $ 214.14 $ 950.00
Employee +1 dependent $ 1,471.71 $ 428.29 $ 1,900.00
Employee + Family $ 1,913.24 $ 486.76 $ 2,400.00
For the term of this MOU, on December 15, 2025, and December 15, 2026, the flex dollar amount shall increase up to a maximum of 5%, based on the Kaiser Bay Area premium rate increase. If the Kaiser Bay Area premium rate increase is between 10%-15%, the City and represented employees will split the cost of the increase above ten percent (10%) evenly. Should the rate increase exceed 15%, the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. Upon expiration of the MOU, the flex dollar amount increase shall revert to a maximum of 3%, based on the Kaiser Bay Area premium rate increase.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3

4. Out of Class Compensation (Article 3.4.1): Establishes “out of class” compensation for employees working in a higher job classification for ten (10) or more days. Employees would receive a five percent (5%) increase in wages for taking on the other duties. If the assignment goes beyond four (4) weeks, the employee shall be compensated at a step within the salary range for the classification that is “greater than 5% of the employee’s base pay.”

5. Bilingual Pay (Article 3.4.2): Employees who demonstrate proficiency in speaking and writing a language may receive up to an additional $250 monthly.

6. Uniform Pay (Article 3.4.3): Increases the uniform pay for those employees required to wear a uniform from $445 to $545 per year.

7. Life Insurance (Article 4.5): Increases life insurance coverage benefits from $150,000 to $300,000.

8. Deferred Compensation (Article 4.10): The City will contribute 1.06% of an employee’s annual pensionable compensation to a deferred compensation account on the employee’s behalf.

9. Severance: (Article 7.3.1): The severance amount is tied to years of service up to a maximum of 6 months’ severance pay. Severance pay is contingent upon an employee’s release of claims against the City and only applies for terminations that are “not for cause.”

10. Non-Economic Items: In addition to the items discussed above, an agreement was reached on other proposals, that will result in no additional cost. A brief overview of these negotiated MOU sections includes:
• Terms and Conditions of Employment (Article 6): Reached mutual agreement on topics including, but not limited to, hours of work, furloughs, transfer and reassignment, use of City vehicles, personnel files and records, and labor management meetings. • Layoffs (Article 7): Set procedures relating to a reduction in force (“layoff’). • Grievances (Article 7.2): Established grievance procedures. • Employee Separation and Discipline: These topics were addressed in Articles 7.3 and 7.4 respectively. SRMMEA employees remain at-will employees of the City. Procedures for employee separation (i.e. termination) and discipline are defined in their respective articles. • Contributions to Retiree Health Savings Account (Article 4.1.2): Changed the voluntary employee contribution from 50 hours to 80 hours of sick time. • Wellness Benefit (Article 4.11): Broadens use of the exiting benefit to include reimbursement for health and wellness expenses such as wellness counseling, physical therapy, and smoking cessation programs.
• Holidays – Days Observed (Article 5.3.1): Recognizes Juneteenth as a City holiday. • Paid Parental Leave (Article 5.4.1): Provides 300 hours of paid parent leave for employees following the birth or adoption of a child.
• End of Life Care Leave (Article 5.4.2): Provides up to 80 hours of paid leave for an employee who is providing care to a family member at the end of their life. • Bereavement Leave (Article 5.4.3): Updated existing bereavement language to comply with changes in state law.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
FISCAL IMPACT:

The current total annual salary and benefit cost for the 36 FTE employees of SRMMEA is $7,844,973.

The additional ongoing incremental cost of the successor MOU beyond the fiscal year 2023-24 budget is:

Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:

Salary $262,123 $239,027 $232,096
Other Costs:

Pension* $106,563 $103,038 $100,081
Taxes (Medicare, WC) $9,234 $8,367 $8,140
Benefits $227,109 $42,020 $43,932
Total Annual Incremental Costs: $605,030 $392,452 $384,249 Total Over Term of Contract $1,815,090 $784,904 $384,249 $2,984,243
*This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged.

Over the term of the agreement, the contract costs are $2,984,243 for an effective date of July 1, 2024.

The increase in compensation included in this resolution is being reflected in the City’s FY 2024-25 budget and updated budget projections.

OPTIONS:

The City Council has the following options to consider in this matter:
• Adopt the resolution
• Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.

RECOMMENDED ACTION:

Adopt a resolution approving a successor memorandum of understanding (MOU) pertaining to compensation and working conditions for the San Rafael Mid-Management Employee Association (SRMMEA) beginning July 1, 2024, and ending June 30, 2027.

ATTACHMENTS:

1. Resolution with attached MOU between the City of San Rafael and the San Rafael MidManagement Employee Association (SRMMEA) for July 1, 2024, to June 30, 2027 (and all attachments)

2. Resolution No. 14955
RESOLUTION NO.

RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL MID-MANAGEMENT

EMPLOYEE ASSOCIATION (SRMMEA) PERTAINING TO COMPENSATION AND WORKING CONDITIONS (JULY 1, 2024 THROUGH JUNE 30, 2027)
WHEREAS, the City of San Rafael and representatives of SRMMEA have met and conferred in good faith with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding (“MOU”) pertaining to the three-year period from July 1, 2024, through June 30, 2027, has been ratified by SRMMEA members.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and San Rafael Mid-Management Employee Association (SRMMEA) shall utilize the MOU for the period beginning July 1, 2024, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SRMMEA.

Section 2: The schedules describing classes of positions and salary ranges are attached to said MOU and, together with the MOU itself, are hereby adopted and shall be attached hereto and incorporated in full.

I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a special meeting of the City Council of the City of San Rafael, held on the 21st of June 2024, by the following vote, to wit:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

Lindsay Lara, City Clerk

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

SAN RAFAEL MID-MANAGEMENT EMPLOYEE ASSOCIATION
JULY 1, 2024 - JUNE 30, 2027
MMEA MOU 2024 - 2027 2
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MMEA MOU 2024 - 2027 i

TABLE OF CONTENTS
1 GENERAL PROVISIONS ...................................................................................................................... 1

1.1 INTRODUCTION ........................................................................................................................................... 1

1.1.1 Scope of MOU .......................................................................................................................................... 1

1.1.2 Term of MOU ............................................................................................................................................ 1

1.2 RECOGNITION ............................................................................................................................................. 1

1.2.1 Bargaining Unit ......................................................................................................................................... 1

1.2.2 Notice to Employees................................................................................................................................ 2

1.3 NON-DISCRIMINATION ................................................................................................................................ 2

1.3.1 In General ................................................................................................................................................. 2

1.3.2 Association Discrimination ...................................................................................................................... 2

1.4 MOU DISTRIBUTION ................................................................................................................................... 2

1.5 SENIORITY .................................................................................................................................................. 2

1.6 PEACEFUL PERFORMANCE ........................................................................................................................ 2

1.7 SEVERABILITY ............................................................................................................................................ 2

1.8 EXISTING LAWS, REGULATIONS & POLICIES ............................................................................................ 3

1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER ..................................................................................... 3

1.9.1 Understanding .......................................................................................................................................... 3

1.9.2 Modification ............................................................................................................................................... 3 2 MMBA ........................................................................................................................................................... 3

2.1 ASSOCIATION RIGHTS ................................................................................................................................ 3

2.1.1 Designation of Association Representatives ....................................................................................... 3

2.1.2 Bulletin Boards ......................................................................................................................................... 3

2.1.3 New Members .......................................................................................................................................... 3

2.1.4 Employee Information ............................................................................................................................. 4

2.2 DUES DEDUCTION ...................................................................................................................................... 4

2.2.1 Collection of Dues .................................................................................................................................... 4

2.2.2 Dues Collection during Separation from Employment ....................................................................... 4

2.2.3 Indemnification ......................................................................................................................................... 4

2.3 MANAGEMENT RIGHTS ............................................................................................................................... 4

2.4 COMMENCEMENT OF NEGOTIATIONS ......................................................................................................... 5 3 COMPENSATION..................................................................................................................................... 6

3.1 GENERAL WAGES AND COMPENSATION ................................................................................................... 6

3.1.1 Pay Dates .................................................................................................................................................. 6

3.1.2 General Wage Increase .......................................................................................................................... 6

3.1.3 Compensation Survey Agencies ........................................................................................................... 6

3.1.4 Compensation Surveys ........................................................................................................................... 6

3.1.5 Compensation Plan ................................................................................................................................. 7

3.2 STEP INCREASES ....................................................................................................................................... 7

3.2.1 Entry Level Step ....................................................................................................................................... 7

3.2.2 Annual Performance Evaluations and Step Increases ....................................................................... 7

3.2.3 Temporary Merit Increases .................................................................................................................... 7

3.2.4 Anniversary Date ..................................................................................................................................... 8

3.2.5 Promotions ................................................................................................................................................ 8

3.3 SALARY CHANGE ON RECLASSIFICATION ................................................................................................. 8

3.3.1 To a Lower Classification ........................................................................................................................ 8

3.3.2 To a Different Classification with the Same Salary Range ................................................................ 8

3.3.3 To a Higher Classification ....................................................................................................................... 8

3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS ................................................................................. 8

3.4.1 Out of Class Compensation ................................................................................................................... 8

3.4.2 Bilingual Pay ............................................................................................................................................. 9

3.4.3 Uniform Pay .............................................................................................................................................. 9 MMEA MOU 2024 - 2027 ii

3.4.4 Management Allowance .......................................................................................................................... 9 4 BENEFITS ................................................................................................................................................... 9

4.1 HEALTH INSURANCE ................................................................................................................................ 10

4.1.1 Health Insurance for Active Employees.............................................................................................. 10

4.1.2 Health Insurance for Retirees .............................................................................................................. 11

4.1.3 Health and Dependent Care Spending Accounts ............................................................................. 12

4.2 HEALTH INSURANCE PROVIDERS ............................................................................................................ 13

4.3 DENTAL PLAN .......................................................................................................................................... 13

4.4 VISION CARE PLAN .................................................................................................................................. 13

4.5 LIFE INSURANCE ....................................................................................................................................... 13

4.6 LONG TERM DISABILITY INSURANCE ....................................................................................................... 13

4.7 RETIREMENT CONTRIBUTION ................................................................................................................... 13

4.7.1 Employer Paid Member Contribution (EPMC) ................................................................................... 13

4.7.2 COLA ....................................................................................................................................................... 13

4.7.3 Retirement Plan ..................................................................................................................................... 13

4.7.4 Service Credit for Sick Leave (see section 5.1.5) ............................................................................. 14

4.8 STATE DISABILITY INSURANCE (SDI) ...................................................................................................... 14

4.9 EMPLOYEE ASSISTANCE PLAN ................................................................................................................ 15

4.10 DEFERRED COMPENSATION .................................................................................................................... 15

4.11 WELLNESS BENEFIT ................................................................................................................................ 15 5 LEAVES ..................................................................................................................................................... 15

5.1 SICK LEAVE .............................................................................................................................................. 15

5.1.1 Eligibility .................................................................................................................................................. 15

5.1.2 Sick Leave Accrual ................................................................................................................................ 15

5.1.3 Use of Sick Leave .................................................................................................................................. 15

5.1.4 Advance of Sick Leave.......................................................................................................................... 16

5.1.5 Service Credit for Sick Leave (see section 4.7.4) ............................................................................. 16

5.1.6 Compensation for Unused Portion ...................................................................................................... 16

5.2 VACATION LEAVE ..................................................................................................................................... 16

5.2.1 Eligibility .................................................................................................................................................. 16

5.2.2 Rate of Accrual ....................................................................................................................................... 16

5.2.3 Administration of Vacation Leave ........................................................................................................ 17

5.3 HOLIDAYS ................................................................................................................................................. 18

5.3.1 Paid Holidays .......................................................................................................................................... 18

5.4 OTHER LEAVE .......................................................................................................................................... 18

5.4.1 Paid Parental Leave .............................................................................................................................. 18

5.4.2 End of Life Care Leave ......................................................................................................................... 20

5.4.3 Bereavement Leave .............................................................................................................................. 20

5.4.4 Jury Duty ................................................................................................................................................. 21

5.4.5 Military Leave ......................................................................................................................................... 21

5.4.6 Leave of Absence Without Pay ............................................................................................................ 21

5.4.7 Industrial Injury Leave ........................................................................................................................... 21

5.4.8 Family Medical Leave............................................................................................................................ 22

5.4.9 Catastrophic Leave ................................................................................................................................ 22

5.4.10 Absence Without Authorized Leave ............................................................................................... 22

5.4.11 Administrative Leave ........................................................................................................................ 22 6 TERMS & CONDITIONS OF EMPLOYMENT ............................................................................. 22

6.1 HOURS OF WORK ..................................................................................................................................... 22

6.2 TRANSFERS / REASSIGNMENTS ............................................................................................................... 22

6.2.1 Types of Transfers ................................................................................................................................. 22

6.2.2 Minimum Qualifications & Probation ................................................................................................... 22

6.2.3 Transfer Procedures .............................................................................................................................. 23

6.3 PERSONNEL RULES & REGULATIONS ..................................................................................................... 23

6.4 CITY POLICIES .......................................................................................................................................... 23

6.4.1 Drug Free Workplace ............................................................................................................................ 23 MMEA MOU 2024 - 2027 iii

6.4.2 Outside Employment Policy ................................................................................................................. 23

6.5 CITY VEHICLES ......................................................................................................................................... 23

6.6 FURLOUGH PLAN ..................................................................................................................................... 23

6.7 PERSONNEL FILES & RECORDS .............................................................................................................. 24

6.7.1 Confidential Nature of Personnel Records ......................................................................................... 24

6.7.2 Confidential Nature of Medical Records ............................................................................................. 25

6.8 MISCELLANEOUS ...................................................................................................................................... 25

6.8.1 Gratuities / Solicitation of Contributions.............................................................................................. 25

6.8.2 Return of City Equipment ...................................................................................................................... 25

6.8.3 Political Activity ....................................................................................................................................... 25

6.8.4 Contract Orientation Work Sessions ................................................................................................... 25

6.9 LABOR/MANAGEMENT MEETINGS ........................................................................................................... 25 7 REDUCTION IN FORCE ...................................................................................................................... 25

7.1 LAYOFFS ................................................................................................................................................... 25

7.1.1 Authority .................................................................................................................................................. 25

7.1.2 Notice ....................................................................................................................................................... 25

7.1.3 Order of Layoff ....................................................................................................................................... 26

7.1.4 Seniority .................................................................................................................................................. 26

7.1.5 Transfer Rights ....................................................................................................................................... 26

7.1.6 Layoff Impacts ........................................................................................................................................ 26

7.1.7 Re-Employment ..................................................................................................................................... 26

7.2 GRIEVANCE PROCEDURE ......................................................................................................................... 27

7.2.1 Definition ................................................................................................................................................. 27

7.2.2 General Provisions ................................................................................................................................ 27

7.2.3 Procedure ................................................................................................................................................ 27

7.3 EMPLOYMENT SEPARATION ..................................................................................................................... 28

7.3.1 Separations Requiring Severance ....................................................................................................... 28

7.3.2 Separations Not Requiring Severance ............................................................................................... 29

7.4 DISCIPLINE................................................................................................................................................ 30

LIST OF EXHIBITS
Exhibit A Salary Schedule for July 1, 2024 – June 30, 2027 Exhibit B Represented Classifications
Exhibit C COLA and Equity Adjustments
MMEA MOU 2024 - 2027 1

MEMORANDUM OF UNDERSTANDING
between

CITY OF SAN RAFAEL
and

MID-MANAGEMENT EMPLOYEE ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the provisions of Section 3500, et seq. of the Government Code of the State of California.

The Mid-Management Employees Association (“Association”) and representatives of the City of San Rafael (“City”) have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in said representation unit, and have freely exchanged information, opinions and proposals and have reached MOU on all matters relating to the employment conditions and employer-employee relations of such employees.

This MOU shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned parties for salary and employee benefit adjustments for the period commencing July 1, 2024, and ending June 30, 2027. When approved by the City Council at an open-session meeting, this MOU shall be binding upon the Association, the employees it represents, and the City.
1 GENERAL PROVISIONS

1.1 INTRODUCTION

1.1.1 Scope of MOU
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and Association and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein.

In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the City of San Rafael Personnel Ordinance, Rules and Regulations and Administrative Procedures.

1.1.2 Term of MOU
This MOU shall be in effect from July 1, 2024 through June 30, 2027.

1.2 RECOGNITION

1.2.1 Bargaining Unit
The City hereby recognizes the Association as the bargaining representative for the purpose of meeting and conferring regarding wages, hours, and other terms and conditions of employment, for all employees within the Mid Management Employee Association Unit (as referenced in Exhibit B attached). For all new mid-management classifications that the City creates after the adoption of this MOU, the City shall notify the Association of the new classification and either place the classification in the unit or provide an explanation as to why the City believes the Mid Management Employee Association unit is not the proper unit placement. This includes any temporary or fixed term employees in accordance with AB 1484. The composition of the unit may also be appropriately modified in accordance with Employer-Employee Relations Resolution 12189.

MMEA MOU 2024 - 2027 2

1.2.2 Notice to Employees
Whenever a person is hired in any of the job classifications set forth herein, City shall notify such person that the Association is the recognized bargaining representative for employees in that classification.

1.3 NON-DISCRIMINATION

1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of a legally protected status, including race, color, age, religion, ancestry, national origin, sex, sexual orientation, perceived sexual orientation, marital status, transgender status, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history) or physical or mental disability.

Any employee alleging such discrimination should use the internal, administrative process explained in the City’s Policy Against Harassment, Discrimination and Retaliation to report the situation. This administrative procedure shall be used as the internal complaint procedure and not the grievance procedure outlined in this MOU.

1.3.2 Association Discrimination
No member, official, or representative of the Association shall, in any way, suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association.

1.4 MOU DISTRIBUTION
The City shall post an electronic copy of the MOU on the City website within 30 calendar days of final ratification. Any Side Letters to the MOU subsequent to the initial posting of the MOU shall also be posted on the City's website.

1.5 SENIORITY
Whenever seniority is used to determine a working condition (e.g., vacation accrual, vacation cap, severance pay, sick time pay out, etc.), it shall be determined by the employee's original start date with the City, regardless of original status (seasonal, fixed-term, etc.). This provision does not apply to layoffs under Section 7.1.4.

1.6 PEACEFUL PERFORMANCE
The parties to this MOU recognize their mutual responsibility to provide the citizens uninterrupted municipal services, therefore, for the duration of this MOU, and extending through the exhaustion of impasse procedures, the parties agree not to conduct strike or lockout activities. During the term of this MOU, the City agrees that it will not lock out employees, and the Association agrees that it will not agree to, encourage or approve any strike, sympathy strike, or slowdown growing out of any dispute relating to the terms of this MOU. The parties will take whatever lawful steps are necessary to prevent any interruption of work in violation of this MOU

1.7 SEVERABILITY
If any article, paragraph or section of this MOU shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this MOU shall not be affected thereby, and the parties shall, if possible, enter into meet-and-confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section.

MMEA MOU 2024 - 2027 3

1.8 EXISTING LAWS, REGULATIONS & POLICIES
All matters within the scope of meeting and conferring which have previously been adopted through rules, regulation, ordinance or resolution, which are not specifically superseded by this MOU, shall remain in full force and effect throughout the term of this MOU.

1.9 FULL UNDERSTANDING, MODIFICATION, WAIVER

1.9.1 Understanding
The parties jointly represent to the City Council that this MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein.

1.9.2 Modification
Any agreement, alteration, understanding, variation, waiver, or modification of any of these terms or provisions contained herein shall not in any manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, approved and implemented by the City Council. 2 MMBA

2.1 ASSOCIATION RIGHTS

2.1.1 Designation of Association Representatives
The Association shall, by written notice to the City Manager, designate no more than three (3) of its members as Association employee representatives without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation. Association representatives shall be permitted reasonable time for Association activities including grievance representation. In all cases, the representatives shall secure permission from their supervisor before leaving a work assignment. Such permission shall not be unreasonably withheld.

The negotiating team for the Association, shall be comprised of no more than three (3) employees, and shall be permitted to attend negotiating sessions during their work hours with pay. There shall be no compensation for negotiations meetings held outside scheduled work hours of members of the bargaining team.

2.1.2 Bulletin Boards
Authorized representatives of the Association shall be allowed to post Association notices on specified bulletin boards maintained on City premises.

2.1.3 New Members
Whenever the City hires or promotes an employee into any classification covered by this MOU and represented by the Association, the City will inform the Association representatives and the employee, as soon as possible, of the terms and provisions of this MOU and notify the employee that it can review the MOU on the City's website. The City shall make available up to 30 minutes, at a mutually agreeable time, during the initial thirty (30) days of employment in that position for new employee orientation with one (1) representative from the Association, who shall be allowed to attend without loss of pay. The City and the Association intend that time (i.e., up to 30 minutes) will occur at the employee orientation, or as promptly as possible on or after the first day of employment, whenever possible. The City will provide reasonable advance notice to the Association of employee orientations conducted by the City. New employees shall be advised of the potential release of personal information, identified in Employee Information (Article 2.1.4), and shall have the option to request in writing to Human Resources that the City refrain from disclosing such personal information to the Association.

MMEA MOU 2024 - 2027 4

2.1.4 Employee Information
The City shall provide the Association with the name, hire date, job title, department, work location, work phone number, work email address, home and personal cell phone numbers, home address and personal email address on file with the City for all employees within the Association every 120 days. In addition, a report with similar information of each new employee hired or promoted into the unit will be provided to the Association within 30 days of the hire or promotion date. The City shall provide this information regardless of whether the newly hired employee was previously employed by the City. An employee may request that the City refrain from disclosing their home address, home telephone number, personal cellular telephone number, personal email address, or birth date to the Association upon written request to Human Resources.

2.2 DUES DEDUCTION

2.2.1 Collection of Dues
The City shall deduct dues each pay period from the pay of all Association members. Such deductions shall be authorized in writing. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues deductions. The City shall remit such funds to the Association within thirty (30) days following their deduction.

The City shall rely on a certification from an Association representative requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. The Association shall maintain individual employee authorizations and shall not be required to provide a copy of an individual authorizations to the City unless a dispute arises about the existence or terms of a particular authorization. The Association shall indemnify the City for any claims made by a bargaining unit member for deductions made in reliance on that certification.

2.2.2 Dues Collection during Separation from Employment Dues shall not be collected during periods of separation from the representation Unit by any such employee but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representation Unit. The term "separation" includes transfer out of the Unit, layoff, and leave without pay absences with a duration period of more than five (5) working days.

2.2.3 Indemnification
Moneys withheld by the City shall be transmitted to the Treasurer of the Association at the address specified. The Association shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of check off of employee organization dues or service fees. In addition, the Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence.

2.3 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and excessively, all rights of management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following rights:

1. To manage the City generally and to determine the issues of policy;

2. To determine the existence of facts which are the basis of the management decision; MMEA MOU 2024 - 2027 5

3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services;

4. To determine the nature, manner, means, technology and extent of services to be provided to the public;

5. Methods of financing;

6. Types of equipment or technology to be used;

7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted;

8. To determine and change the number of locations, re-locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right (subject to bargaining in accordance with the MMBA) to contract for or subcontract any work or operation of the City;

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;

10. To relieve employees from duties for lack of work or other legitimate reasons;

11. To establish and modify productivity and performance programs and standards

12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this MOU;

13. To determine job classifications and to reclassify employees;

14. To hire, transfer, promote and demote employees in accordance with this MOU and the City's Rules and Regulations;

15. To determine policies, procedures and standards for selection, training and promotion of employees;

16. To establish and modify employee and organizational performance and productivity standards and programs including but not limited to, quality and quantity standards; and to require compliance therewith;

17. To maintain order and efficiency in its facilities and operations;

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU;

19. To take any and all necessary action to carry out the mission of the City in emergencies.

The City and the Association agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said act, and/or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights.

2.4 COMMENCEMENT OF NEGOTIATIONS
It is mutually agreed to begin the Meet and Confer process no later than three (3) months before the expiration date of this MOU, regarding the terms and conditions applicable to successor MOUs. The process will be initiated by the Association through the submittal of a request to renegotiate.

MMEA MOU 2024 - 2027 6
3 COMPENSATION

3.1 GENERAL WAGES AND COMPENSATION

3.1.1 Pay Dates
City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a payday, the payday will be transferred to the following day of regular business unless Finance is able to complete the payroll by the previous workday. The method of distributing the payroll shall be established by the Finance Director.

The City calculates 1,950 hours as the annual number of work hours per year (37 .5 hours per work week times 52 weeks per year equals 1,950 hours). Each semi-monthly pay period is calculated at 81.25 hours (1,950 hours divided by 24 pay periods). The hourly rate of pay is calculated by multiplying the monthly rate of pay identified in Exhibit A times 12 months to equal the annual rate of pay, divided by 1,950 hours in a work year, to equal the hourly rate of pay.

The City will modify its pay scheduled to 26 pay periods effective when administratively feasible subject to addressing technical issues and reaching agreement with all bargaining groups.

3.1.2 General Wage Increase
The City shall provide the following salary and equity adjustment increases for the listed positions in each year of the MOU, with Year 1 salary increases to become effective July 1, 2024; or, on the first pay period after Council's approval - whichever occurs later in time as set forth in Exhibit C.

The parties also agree to reopen negotiations during the term of the MOU after January 1, 2025 unless a sooner date is mutually agreed upon to discuss reclassifications and/or equity adjustments for the following classifications: Data & Infrastructure Manager, Assistant Community Development Director, Deputy Building Official and Senior Project Manager.

The effective date of any compensation increases will be July 1, 2024 if the parties complete negotiations within 45 days of the City's initial presentation to the Association of the analysis on each classification. The effective date of any compensation decreases will follow completion of the negotiations on each classification.

3.1.3 Compensation Survey Agencies
When conducting total compensation surveys, the City will survey the following agencies:

Alameda, Fairfield, Hayward, Napa, Novato, San Leandro, Santa Rosa, South San Francisco, and Vallejo; Corte Madera, Larkspur, Marin County, Mill Valley, Novato, and San Anselmo.

Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer's retirement contribution, employer paid contributions towards insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts.

3.1.4 Compensation Surveys
The City and the Association will jointly survey the identified benchmark positions, which are identified in Exhibit A and included as part of this MOU, in January of the final year of this Agreement.

MMEA MOU 2024 - 2027 7
Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements.

Survey data will include all salary and benefit increases, as defined in "Total Compensation." The City and the Association shall review the benchmark and related survey data for accuracy and completeness.

3.1.5 Compensation Plan
The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, steps, and any other special circumstances or items related to the total compensation paid employees.

Each position within the classified services shall be allocated to its appropriate class in the classification plan on the basis of duties and responsibilities. Each class shall be assigned a salary range or a rate established in the salary plan. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect.

3.2 STEP INCREASES

3.2.1 Entry Level Step
All initial employment shall be at the first step of the salary range, provided that the Department Director may make an appointment to a position at an appropriate higher salary when, in their opinion, it is necessary to obtain qualified personnel, or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies a beginning salary in excess of the first step. City Manager approval is required for entry level appointment above Step C for any position.

3.2.2 Annual Performance Evaluations and Step Increases Employees shall receive an annual performance evaluation on or before their anniversary date.

If the employee's performance evaluation is not delivered on or before their anniversary date, and the employee is eligible for a step increase, that step increase will become effective on their anniversary date. If there is a delay in processing the step increase, a retroactive pay adjustment will be processed back to their anniversary date.

Employees shall be eligible for step increases based on the following criteria:
a. Satisfactory performance evaluations meeting or exceeding established performance standards;
b. Completion of one year of continuous service with the city; and c. Compliance with all applicable workplace policies and regulations.

3.2.3 Temporary Merit Increases
Temporary merit performance increases of five percent (5%) may be granted an employee based upon the recommendation of the Department Director and approval of the City Manager.

Employees at the maximum step of their salary range may be granted a merit performance increase of five percent (5%) above and beyond their salary range. A merit increase may be effective for up to one (1) year. A merit increase may be withdrawn and is not a disciplinary action and is not appealable.

MMEA MOU 2024 - 2027 8

3.2.4 Anniversary Date
When an employee is promoted or reclassified to a new position, the first pay date at the new position shall constitute the employee's new anniversary date for purposes of the annual Performance Evaluation.

3.2.5 Promotions
Employees promoted to higher-level positions shall be placed at the step in the new salary range that will provide, at a minimum, a five {5%) increase (unless that would exceed the top step in the salary range).

3.3 SALARY CHANGE ON RECLASSIFICATION
If an occupied position is reclassified the incumbent shall be affected as outlined below:

3.3.1 To a Lower Classification
When a position is re-allocated to a lower classification, the incumbent is either:

1. Transferred to a vacant position in the former classification; or

2. If the incumbent's current salary is greater than the top step of the lower classification, Yrated at the current salary until the salary of the lower classification is at or above the Yrate.

3.3.2 To a Different Classification with the Same Salary Range When a position is reallocated to a different classification with the same salary range, the incumbent shall be granted the same status in the new classification, in which they shall be paid at the same step of the range and shall maintain the same salary rights.

3.3.3 To a Higher Classification
When a position is reclassified to a classification with a higher salary range, the incumbent is moved into the higher classification with the position, except in the circumstances prescribed below. Placement in the salary range shall be in accordance with the appropriate salary pay plan but shall be no less than the employee's current pay rate.

If the duties upon which the reclassification are based could have been assigned to any of a number of employees in that classification within the division or department, then a promotional exam is held for the reclassified position. Such an exam is a departmental only recruitment limited to employees within that classification. If the incumbent is not successful in this competitive process, they are assigned to the position vacated by the promotion.

3.4 SPECIFIED WAGE ADJUSTMENTS / DIFFERENTIALS

3.4.1 Out of Class Compensation
Employees assigned in writing by their Department Director to perform additional duties of a higher paid classification shall be compensated at a rate not less than 5% greater than the employee's current base salary. Eligibility for out-of-class compensation requires a minimum assignment of ten (10) consecutive days.

The out-of-class pay becomes effective on the first day of the assignment. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater than 5% of the employee’s base pay. The Department Director is required to complete a Personnel Action Report (PAR), to initiate out-of-class compensation.

MMEA MOU 2024 - 2027 9

3.4.2 Bilingual Pay
Within the job classifications represented by the Union provisions are hereby established whereby an employee may receive bilingual pay for full fluency in a foreign language.

Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material.

An employee can petition their Department Director for this bilingual pay incentive. With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager the employee may begin to receive this bilingual pay incentive.

Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments.

Employees who have been approved for the bilingual pay incentive and are required in the performance of their duties to converse with the public in a language other than English shall receive an additional $200.00 per month above their base salary.

Employees who also translate official written documents to or from a language other than English shall receive an additional $50.00 for a total of $250.00 per month above their base salary.

This bilingual pay incentive shall be reviewed annually and as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments.

Removal of the bilingual pay incentive would be considered a non-disciplinary action however removal of bilingual pay is appealable to the Human Resources Director. The determination of the Human Resources Director is not subject to any appeal/grievance procedure.

3.4.3 Uniform Pay
Unit members who are required to wear a uniform which is not provided by the City, shall receive an annual uniform allowance of $545 per year, paid in two installments, in June and December.

3.4.4 Management Allowance
As of September 16, 2015, the Management Allowance of 4.54% was rolled into base pay for all Mid-Management employees.
4 BENEFITS
Health & Dental Insurance benefits are prorated for part-time employees in accordance with percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws.

MMEA MOU 2024 - 2027 10

4.1 HEALTH INSURANCE

4.1.1 Health Insurance for Active Employees
The City provides a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.

The monthly flex dollar allowance effective the paycheck of July 1, 2024 shall be:

For employee only: $ 735.86
For employee and one dependent: $1,471.71
For employee and two or more dependents: $1,913.24
The monthly flex dollar allowance effective the paycheck of December 15, 2024 shall be:

For employee only: $ 950.00
For employee and one dependent: $1,900.00
For employee and two or more dependents: $2,400.00
Effective December 15, 2025, and December 15, 2026, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the increase between 10- 15%. In the unlikely event that the Kaiser Bay Area premium rate increases for the upcoming calendar year in 2026 or 2027 to an amount exceeding fifteen percent (15%), the City and the Association agree to reopen the MOU to negotiate the employer’s contribution to healthcare. The parties agree that this provision will sunset upon the expiration of the MOU.

Upon expiration of the MOU, the flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

The City shall contribute to the cost of medical coverage for each eligible employee and their dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA. The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits.

Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy.

MMEA MOU 2024 - 2027 11
2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance.

Miscellaneous Allowance for Employees hired on or before January 1, 2009:

The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.

4.1.2 Health Insurance for Retirees
Mid-Managers Hired Prior to April 1, 2007
The following sections do not apply to temporary or fixed term classifications. a. Mid-Managers who retired on or after December 1, 2001, from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael MidManagement position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to receive upon retirement the PEMHCA minimum contribution as designated by PEMHCA on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of active Mid-Manager employees. The City‘s longevity contribution shall remain in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.

As described in this subsection, the City shall reimburse retired Mid-Managers and their spouses or registered domestic partners the Medicare Part B standard premium amount as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis. To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired Mid-Manager’s life and that of the retired Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.

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Mid-Managers Hired On Or After April 1, 2007:
b. Mid-Managers who are hired on or after April 1, 2007, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity contribution shall cease upon the retired Mid-Manager’s death.

The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse.

Mid-Manager Hired On Or After January 1, 2009
c. Mid-Managers who are hired on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.

The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse.

The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by the mandatory annual conversion of 80 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion.

4.1.3 Health and Dependent Care Spending Accounts
City will offer as part of its Section 125 Plan, for as long as such a plan is desired by the Association and available pursuant to the IRS Code. The Flexible Spending Accounts offered by the City include:
a. Healthcare Spending Account: Out-of-pocket medical expenses that qualify under the IRS Code up to the IRS Code limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. b. Dependent Care Spending Account: Dependent care expenses that qualify under the IRS Code up to the IRS Code Limit. Employees are responsible to pay the monthly administrative fee and any increase established by the third-party administrator. c. Premium Only Plan: Employee’s share of medical insurance premiums shall be deducted from employee’s pay with pre-tax dollars as long as such deduction is allowable under the applicable IRS Code.

The City shall establish an annual enrollment period and each employee must re-enroll annually for either plan noted in a. and/or b. above. City shall have the authority to implement changes to MMEA MOU 2024 - 2027 13
the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process; however, the City shall notify the Association of any changes as soon as practicable.

4.2 HEALTH INSURANCE PROVIDERS
The City shall have the option, after meeting and consulting with Association representatives, of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits from those benefits available under the PERS program.

4.3 DENTAL PLAN
The City shall make available to employees, an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents.

4.4 VISION CARE PLAN
The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.

4.5 LIFE INSURANCE
The City shall provide a basic group life insurance plan in the amount of $300,000 at no cost to the employee.

4.6 LONG TERM DISABILITY INSURANCE
The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7500 (reduced by any deductible benefits).

4.7 RETIREMENT CONTRIBUTION

4.7.1 Employer Paid Member Contribution (EPMC)
Each Mid-Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association.

Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Mid-Management employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA.

4.7.2 COLA
Mid-Managers participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act).

4.7.3 Retirement Plan
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Mid-Manager subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.

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Employees hired on or after July 1, 2011, will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA. The minimum retirement age is 55.

Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee.

4.7.4 Service Credit for Sick Leave (see section 5.1.5) Mid-Managers who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive, and they elect to receive in compensation for at the time of retirement, pursuant to Section 5.1 of this Resolution). This provision will no longer be available to Mid-Managers hired after June 30, 2009.

4.8 STATE DISABILITY INSURANCE (SDI)
Employees will have the full premium cost for SDI coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status, within HIPAA guidelines, and eligibility for SDI. With this notification, SDI benefits, as determined by the State, shall be integrated with accrued sick and vacation leave in the following manner:
a. Employee notifies supervisor of disability and need for time off. At the same time employee files for SDI through the State Office.
b. Supervisor verifies from leave records the employee's accrual balances and projects whether or not employee would, under normal circumstances, be placed in a leave without pay status during the time off period.
c. Personnel Action Report (PAR) is completed by the supervisor to document request and approval of extended leave.
d. Human Resources Department, on receipt of the PAR, contacts employee and supervisor to discuss availability of coordination of SDI with leave benefits. e. Employee's time off is recorded as sick leave and if necessary then vacation leave on timecards submitted by the supervisor to the Payroll Office. f. Upon receipt of the SDI payments, the employee must endorse the payments over to the City of San Rafael to receive credit for leave taken.
g. Based upon the employee's hourly rate of pay, the Payroll Office computes how much used sick and/or vacation leave time the employee will be credited and credits the employee with those hours. NOTE: The employee may not be credited more than accrued at or during the time of the disability.

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h. The Human Resources Department, after notification from Payroll, notifies the employee when they have used all accrued sick and/or vacation time and when leave without pay status (LWOP) begins. Once the employee is on LWOP they would keep any SDI payments received and would be fully responsible for the monthly health, dental and life insurance premiums if they chose to remain in the group plans. FMLA/CFRA provide an exception and are referenced under Section 5.4.8.

4.9 EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance.

4.10 DEFERRED COMPENSATION
The City will contribute one and six hundredths percent (1.06%) of base pay into a City-provided deferred compensation plan for each employee in the unit to be paid in installments on a pay period basis following agreement.

4.11 WELLNESS BENEFIT
Employees are eligible to receive up to $16.50 per month reimbursement for all eligible health and wellness expenses as follows: preventative medical examinations (minus any amount paid by a private insurance plan), paid health or gym club memberships, licensed weight loss facility memberships, physical therapy sessions, smoking cessation programs, wellness counseling, acupuncture, or meditation programs. Such reimbursement shall be reported as taxable income to the employee.
5 LEAVES

5.1 SICK LEAVE

5.1.1 Eligibility
Sick leave with pay shall be granted to each eligible employee. Sick leave may not be used at an employee's discretion but shall be allowed only in case of necessity and actual sickness or disability. The employee is required to notify employee's immediate supervisor or Department Director according to department Rules and Regulations or as soon as the employee is aware of the need for the absence and no later than at the beginning of their daily duties.

If an employee has documented sick leave abuse, the employee may be placed on an attendance management plan. The employee shall be taken off an attendance management plan after twelve (12) months unless the pattern of sick leave abuse has continued.

5.1.2 Sick Leave Accrual
Full-time mid-managers shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Unused sick leave may be accumulated to any amount. The sick leave accrual rate is prorated for eligible part time employees.

5.1.3 Use of Sick Leave
An employee eligible for sick leave with pay shall be granted such leave for the following reasons:

1. Personal illness of the employee or illness within the immediate family (family member means an employee’s spouse, registered domestic partner, child, including adopted child, a stepchild, or recognized natural child who lives with the employee in a regular MMEA MOU 2024 - 2027 16
parent-child relationship, parent, including in-laws, and grandparent, or designated person), or for any physical incapacity of the employee resulting from causes beyond the employee’s control; or

2. Medical appointments.

In recognition of Mid-Managers’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a Mid- Manager’s sick leave accrual, unless the employee is absent for the full workday.

Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary.

5.1.4 Advance of Sick Leave
Whenever circumstances require, and with the approval of the City Manager, sick leave may be taken in advance of accrual up to a maximum determined by the City Manager, provided that any employee separated from the service who has been granted sick leave that is un-accrued at the time of such separation shall reimburse the City of all salary paid in connection with such unaccrued leave.

5.1.5 Service Credit for Sick Leave (see section 4.7.4) Employees who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements) shall receive employment service credit for retirement purposes only for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement pursuant to Section 5.1.6 Compensation for Unused Portion (Sick Leave Payoff). Employees hired on or after July 1, 2009 are not eligible to receive employment service credit of any accrued, unused sick leave for retirement purposes.

5.1.6 Compensation for Unused Portion
Mid-Managers who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary.

Mid-Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation.

5.2 VACATION LEAVE

5.2.1 Eligibility
Annual vacation with pay shall be granted to each eligible employee. Vacation leave accrual shall be prorated for those employees working less than full time.

5.2.2 Rate of Accrual
Each regular full-time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service.

Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis.

Eligible employees accrue vacation at the following rate for continuous service performed in pay status:

Years of service Leave Accrual rate/yearly
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1-5 years 15 days
6 years 16 days
7 years 17 days
8 years 18 days
9 years 19 days
10 years 20 days
11 years 21 days
12 years 22 days
13 years 23 days
14 years 24 days
15 plus years 25 days
When an employee is on an approved leave without pay, vacation accrual is prorated based upon paid hours in the pay period. Upon the City’s modification of its pay schedule to 26 pay periods, the above accrual rates shall be adjusted to a pay period basis In recognition of Mid-Managers’ exempt status under F.LSA, time off for vacation leave purposes shall not be deducted from a Mid-Manager’s vacation accrual unless the employee is absent for the full workday.

5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Department Director, may advance Vacation leave to a Mid Manager; prior approval is required. No employee may accrue more than 250 Hours of vacation. Vacation accruals will resume once the employee’s accumulated vacation balance falls below the allowable cap limit.

Mid-Managers who terminate their employment shall be paid a lump sum for all accrued vacation leave earned prior to the date of termination. Mid-Managers may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service.

The time at which an employee may use their accrued vacation leave and the amount to be taken at any one time, shall be determined by employee's Department Director with particular regard for the needs of the City but also, insofar as possible, considering the wishes of the employee.

The Maximum amount of vacation leave that may be taken at any given time shall be that amount that has accrued to the employee concerned, subject to the Department Director’s approval. The minimum amount of vacation that may be taken at any given time shall be one-half (1/2) hour (except that as permitted by law, the City shall authorize the use of vacation time in smaller increments to coordinate disability or workers compensation leaves with employee accrued paid time). Vacation leave granted by the City and used by an employee shall be deducted from the employee’s vacation leave bank.

If one or more City holidays falls within an annual vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended accordingly. Employees may request a temporary waiver of their vacation cap, should a work-related injury prevent use of vacation time. Such requests would need to be in writing, submitted through the department, and receive the approval of the Department Director and the City Manager.

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5.3 HOLIDAYS

5.3.1 Paid Holidays
In order to be eligible for compensation for the paid holiday, the employee must both be in paid status on the day before the holiday and on the day after the holiday.

All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked.

When a holiday falls on Saturday or Sunday, the Friday preceding a Saturday holiday or the Monday following a Sunday holiday shall be deemed to be a holiday in lieu of the day observed.

By written agreement between any employee who works in the Library or Parking Division and their supervisor, an employee directed to work the observed holiday can bank the holiday time to be scheduled as paid time off at a later date. Holidays will be lost if not used within the same fiscal year, and will not be cashed out at any time during employment or upon separation.

The following paid holidays will be observed:

January 1st New Year’s Day
The third Monday in January Martin Luther King Jr. Day
The third Monday in February Washington’s Birthday
March 31st Cesar Chavez Day
The last Monday in May Memorial Day
June 19th Juneteenth
July 4th Independence Day
The first Monday in September Labor Day
November 11th Veteran’s Day
The fourth Thursday in November Thanksgiving Day
The fourth Friday in November Day after Thanksgiving
December 25th Christmas Day
In addition to designated holidays, employees in this Unit receive one (1) floating holiday. Floating holidays not used are added to the employee's vacation balance. Part-time employees will be paid for holidays on a pro-rated basis.

5.4 OTHER LEAVE

5.4.1 Paid Parental Leave
Eligibility:

Effective July 1, 2024, any full time or regular employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:

1. Birth of a child of the employee, the employee’s spouse, or the employee’s registered domestic partner.

2. Placement of a child with the employee for adoption.

For the purposes of PPL, the definition of “parent” and “child” are as defined by the California Family Rights Act.

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Benefit and Use:

1. Eligible employees shall be granted 300 PPL hours to use within 12 months of the qualifying event for the purposes of disability due to pregnancy and/or baby bonding.

Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.

2. PPL is based on a 12-month rolling calendar. No more than 300 PPL hours may be used in any 12- month period. PPL may not be used or extended beyond the 12-month time frame and any accrued and unused PPL will be forfeited at the end of the 12-month period for the qualifying event.

3. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused PPL for which they were eligible.

4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

5. PPL shall be used in a block of continuous time or on an intermittent or reduced schedule.

Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

6. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is not required to further reduce their balance once they have reached the initial threshold of 40 hours or less.

Coordination of Benefits & Leaves:
 PPL taken under this policy will run concurrently with leave under the FMLA, CFRA, and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less.  PPL will be fully integrated with any short-term disability or California Paid Family Leave program but shall not exceed one hundred percent (100%) of the employee’s normal gross salary rate.
 The use of Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce available hours under the PPL leave entitlement.
 For time covered by FMLA/CFRA job protected leave for baby bonding purposes, PPL must be used prior to other accrued leave or unpaid leave except as discussed in number 7 above.
 If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA protected PPL is subject to department approval.

An employee who is eligible for PPL but is on leave for other reasons cannot use PPL except as described in paragraph 7 above.

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5.4.2 End of Life Care Leave
Eligibility:

Effective July 1, 2024, any full time or regular employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for End of Life Care leave to provide end of life care for an immediate family member, which shall include an employee’s spouse, registered domestic partner, child, parent, sibling, parent, parent in-law(s), grandparent, or grandchild.

End of Life care may be used to provide support, assistance and care to an immediate family member, as defined above, who is receiving end of life services through hospice or a medical facility.

Benefit and Use:

1. Eligible employees shall receive 80 hours of End of Life Care leave to be used during their employment with the City for use to support an immediate family member near the end of life, as described above.

2. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused End of Life Care leave for which they were eligible. Further, if an employee leaves City employment and returns to City service later in their career, the employee shall receive any unused hours from their previous employment with the City but shall not be granted any additional hours of for End of Life Care Leave.

3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage.

It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections.

This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

An employee who is eligible for End of Life Care Leave but is on leave for other reasons cannot use PPL except as described in paragraph 5 above.

5.4.3 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, sibling, registered domestic partner, grandchild, grandparent, in-laws, relative who lives or has lived in the home of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to five (5) days may be granted for bereavement leave for each death of a family member. The five days may be taken intermittently but must be used within three (3) months of the date of the family member’s death.

In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Department Director as part of the request for bereavement leave. Unit members may make a request to the Human Resources Director, or their designee, to use bereavement leave for a relative other than those listed above.

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The above bereavement clause shall also apply in the event of a reproductive loss for an employee. The City agrees to maintain employee confidentiality related to the reproductive loss leave.

5.4.4 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided that the employee provides advance notice to the Appointing Authority and remits to the City all per diem service fees except mileage or subsistence allowance within thirty days from the termination of such duty.

5.4.5 Military Leave
Military leave shall be granted in accordance with the State of California Military and Veteran's Code as amended from time to time. All employees entitled to military leave shall give the appointing authority and the Department Director an opportunity, within the limits of military regulations, to determine when such leave shall be taken.

5.4.6 Leave of Absence Without Pay
Leave of absence without pay may be granted by the City Manager upon the written request of the employee. Accrued vacation leave must be exhausted prior to the granting of leave without pay.

5.4.7 Industrial Injury Leave
For benefits under Workers Compensation, an employee should report any on the job injury to their supervisor as soon as possible, preferably within twenty-four (24) hours. The Human Resources department coordinates benefits for Worker's Compensation claims. For further information see the City’s Workers’ Compensation policy located on the website.

Employees of the City who have suffered any disability arising out of and in the course of their employment as defined by the Worker's Compensation Insurance and Safety Act of the State of California are entitled to all benefits allowed them by the Workers’ Compensation Insurance and Safety Act of the State of California.

Temporary disability payments (TD) are made to all employees (full and part-time) when a physician reports an employee is unable to perform their job duties due to an industrial injury and the City cannot accommodate the restrictions mandated by their physician. TD is set by State law and is approximately two-thirds of full salary with state-mandated minimums and maximums. For full-time, regular employees, however, the City augments TD payments with salary continuation as follows: Compensation leave payments shall not exceed the employee's regular full pay for the first three 3) calendar months and three-fourths (3/4) of the regular full pay for the following six (6) calendar months.

Sick Leave Usage Post Industrial Injury/Illness
The following rule applies to employees who have an accepted industrial injury/illness: Available accrued sick leave cannot be used for more than 60 calendar days after one of the following has been determined:
a. The employee has reached maximum medical improvement and/or has been determined “permanent and stationary.”
b. The employee has been determined to be unable to return to their usual and customary occupation, with or without reasonable accommodation.

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Given the above has occurred next steps would include:
a. The interactive process; attempt to locate other appropriate employment within the City. b. If none are available proceed with termination process, including disability retirement application and/or Skelly process, if appropriate.

5.4.8 Family Medical Leave
Association members agree to adhere to the provisions of the City’s Family Medical Leave Policy which is available on the City’s website.

5.4.9 Catastrophic Leave
Catastrophic leave shall be in accordance with the City Catastrophic Leave Policy which is available on the City’s website.

5.4.10 Absence Without Authorized Leave
An unauthorized absence of an employee for three consecutive workdays shall constitute grounds for termination.

5.4.11 Administrative Leave
Mid-Managers shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the Department Director and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department director and the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Mid-Manager upon their resignation.

In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Mid-Manager’s administrative leave accrual, unless the employee is absent for the full workday.
6 TERMS & CONDITIONS OF EMPLOYMENT

6.1 HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Mid-Managers shall be 7.5 hours per day.

6.2 TRANSFERS / REASSIGNMENTS

6.2.1 Types of Transfers
Transfers may be within the same department (intra-departmental) or between departments (inter-departmental). The requirements for each are as follows:
a. Intra-departmental transfers. The Appointing Authority shall have the authority to transfer an employee from a position in one division of a department to a position in the same or similar classification with the same salary range, in the same division or to another division of the same department (at any time and for any duration). b. Voluntary Transfers. An employee may make a written request for transfer to the Human Resources Director to a position in the same or similar classification with the same salary range. Such a transfer may be made on the recommendation of the affected Department Director(s) and the approval of the City Manager.

6.2.2 Minimum Qualifications & Probation
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Any persons transferred to a different position shall possess the minimum qualifications for the position.

6.2.3 Transfer Procedures
The City Manager may authorize the transfer of an employee from one position to another of the same or comparable class of work and where the same general type of examination is given for entrance to such a position. Transfers from one department to another department having a different jurisdiction or different function shall be done only with the consent of the Department Directors involved, unless such a transfer is ordered by the City Manager for purpose of economy or efficiency. Any person transferred to a different position shall possess the minimum qualifications for the position. Employees may seek voluntary transfers to positions within the same job class, and/or lower-level job classes as long as the employee meets the minimum qualifications for the position. Employees seeking transfer should submit a completed application to the Human Resources Department. As vacancies occur, transfer candidates may receive consideration along with those on the eligibility list.

6.3 PERSONNEL RULES & REGULATIONS
All represented employees shall follow the City’s Personnel Rules and Regulations located on the City’s website.

6.4 CITY POLICIES

6.4.1 Drug Free Workplace
All represented employees shall abide by the City’s Drug and Alcohol Policy.

6.4.2 Outside Employment Policy
All represented employees shall abide by the City’s Outside Employment Policy.

6.5 CITY VEHICLES
Under limited circumstances, a city vehicle may be provided to a represented employees if it is determined to be needed to complete their job duties and upon approval of the City Manager.

6.6 FURLOUGH PLAN
Both the City of San Rafael and the Mid-Management Group employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit the City of San Rafael and these employees have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO).

Voluntary Time Off (VTO).

The needs of the City and the respective departments (as determined by the Department Director and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO.

1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year.

MMEA MOU 2024 - 2027 24

2. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department.

Mandatory Time Off (MTO).

MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Director and City Manager). The City will attempt to schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to scheduled holidays and/or weekends.

1. Employees may not take paid vacation time in lieu of designated MTO time.

2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement Association changes it policy on this the City will, effective the first of the month following notice from the Marin County Retirement Association, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than 07/30/11 of their retirement date and retires from the Marin County Retirement System during FY 11-12 shall be exempted from the MTO requirements. If said employee did not retire during FY 11-12 as stated, said employee would be docked in pay an amount equivalent to the number of MTO hours taken by other represented employees.

3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit.

4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work hours/pay for the fiscal year. When the maximum MTO reduction (5%) is implemented, the involved employee shall be credited with three (3) days of float time.
b. Float Time accrued through the MTO Program must be taken in the fiscal year following the furlough, with supervisory approval, or the leave will be forfeited. The float days have no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced float time, said employee would be eligible to take the unused furlough induced float time during the thirty-day layoff notice period.
c. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re-open discussions on this Furlough Program.
d. The City agrees that it will attempt to distribute the dollar value of any MTO time implemented equally over the remaining number of pay periods in the fiscal year.

6.7 PERSONNEL FILES & RECORDS

6.7.1 Confidential Nature of Personnel Records
All personnel records and files and examination materials are confidential. The Human Resources Director shall take all necessary steps to protect the confidentiality of those materials. Disclosure of such records shall be governed by the Public Records Act, Government Code Sections 6250, et. seq.

MMEA MOU 2024 - 2027 25
Individual employees may review their official personnel file maintained by the Human Resources Department and/or respective appointing authority. With the written consent of the employee, the authorized representative of the recognized employee organization may also review that personnel file.

6.7.2 Confidential Nature of Medical Records
All medical records and files are the property of the City of San Rafael. These confidential records and files are to be maintained in a file separate from the employee's personnel file in the Human Resources Department. Disclosure of such records shall be governed by the Public Records Act, Government Code, Section 6250, et. seq.

6.8 MISCELLANEOUS

6.8.1 Gratuities / Solicitation of Contributions
Gratuities and/or solicitation of contributions are not allowed.

6.8.2 Return of City Equipment
Upon termination of employment, all tools, equipment, and other City property assigned to an employee shall be returned to the employee’s supervisor before leaving City employment.

6.8.3 Political Activity
The political activity of City employees shall comply with pertinent provisions of State and Federal Law.

6.8.4 Contract Orientation Work Sessions
The City and the Association agree that the individuals having responsibility for the enforcement of the MOU, Association Officers and Department Directors/Supervisors, shall participate in an Annual Contract Orientation Work Session for the purpose of obtaining a better understanding of the provisions of the contract. These work sessions shall be held on City time and facilities.

6.9 LABOR/MANAGEMENT MEETINGS
The City and the Association agree that consultation meetings may contribute to improved employer-employee relations.

The committee shall be comprised of three (3) representatives from the Association and representatives from City Management. The parties agree that committee members may change depending on the subject matter. Meetings may be requested by either party. The party requesting the meeting shall submit a proposed agenda and the receiving party shall acknowledge and confirm the date, time and location of the requested meeting. Unless there is mutual agreement between parties, the committee shall hold no more than 1 meeting each quarter. It is intended that the subject matter will not include issues subject to Article 7.2 Grievance Procedures.
7 REDUCTION IN FORCE

7.1 LAYOFFS

7.1.1 Authority
The City may lay off any represented employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organizational efficiency.

7.1.2 Notice
MMEA MOU 2024 - 2027 26
Employees designated for layoff or demotion shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of termination or demotion. The Association shall also be notified.

7.1.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Fixed term employees shall be laid off before permanent employees in the affected classification.

7.1.4 Seniority
When two or more employees within a classification will be laid off or reduced, it will be done on the following basis:
a. Seniority within the affected classification will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro rata basis to full-time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. b. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. c. If all of the above are equal, date of original hire with the City shall be determinative.

7.1.5 Transfer Rights
The City will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. If the vacancy is in the Department from which the employee is being laid off, and within their classification series, reassignment shall be made. An employee will retain their current salary rate upon their initial placement into the position, unless, the employee's salary rate exceeds the top of the salary schedule of any lower classification to which they may be reassigned. The length of eligibility for such transfer will be the period of notification as provided in Section 7.1.2, but no longer than the effective date of such layoff or reduction.

7.1.6 Layoff Impacts
Once the decision has been made to reduce the workforce per this MOU, the City will meet and confer with the Association overall all negotiable impacts of the City’s decision to layoff.

7.1.7 Re-Employment
Employees subject to layoff shall be placed on a reemployment list for two (2) years from the effective date of their layoff. Employees placed on a re-employment list must ensure that the City’s Human Resources Department is provided with current contact information (mobile phone number and current email) so the employee can be contacted about any reemployment opportunity.

During the two (2) years on the reemployment list, such employees shall be considered for any vacancies occurring in their job classification or classification series, if qualified. Such employees are entitled to be interviewed for such vacancies if they indicate they are interested in being considered for the vacancy. If the vacancy (in their job classification or classification series, if qualified) is in the Department from which the employee was laid off, reappointment shall be made.

Employees offered the right to reinstatement from a reemployment list shall be granted up to fourteen (14) calendar days from the date of notification to decide whether to accept reinstatement. If an employee refuses to be reemployed or does not respond within fourteen (14) MMEA MOU 2024 - 2027 27
calendar days of notification, the employee will be removed from the reemployment list.

Employees who retire from MCERA while on a re-employment list are removed from the reemployment list on the date of their retirement application.

If an employee is reinstated from a reemployment list, their seniority shall be restored. They will not accrue seniority for the time on the reemployment list. Employees reinstated from a reemployment list will have their sick leave balance (on the day of layoff) restored.

7.2 GRIEVANCE PROCEDURE

7.2.1 Definition
Grievance is a dispute which involves the interpretation or application of any provision of this Memorandum of Understanding. A dispute regarding the interpretation of the applicable City’s Personnel Rules and Regulations is subject to the grievance procedure up to Step 3 (Human Resources Director). All ordinances, resolutions, rules and regulations which are not specifically covered by the provisions of this Memorandum shall not be subject to the Grievance Procedure.

Grievant may be an individual employee or a group of employees or the Association on behalf of a group of employees or the Association on its own behalf on matters involving the City and Association relationship.

Time limits begin with the day following the event causing the grievance or the day following receipt of a grievance decision.

7.2.2 General Provisions
Employees who participate in the Grievance Procedure by filing a grievance or acting as a witness on the behalf of either party shall be free from discrimination by either the Association or the City.

A grievant has the right to be represented at each stage of the procedure and have access to information that is relevant and necessary to the grievance.

If the City management fails to respond within the specified time limits, the grievance shall, at the request of the Association, be moved to the next step of the procedure. If the Association or a grievant fails to process or appeal a grievance within the specified time limits, the matter shall be deemed withdrawn with prejudice. The parties may by mutual agreement waive the steps in the procedure or agree that a grievance may be filed initially at a higher step.

The Human Resources Department shall act as the central repository for all grievances.

Time limits contained herein may be extended by mutual agreement of the parties. Absence for bona fide reasons by a grievant, the Association representative or any management official involved in responding to the grievance shall automatically extend the time limits by the same number of days of absence.

7.2.3 Procedure
Step 1.

Within ten (10) calendar days of when the grievant knew or should have known of the act or omission causing the grievance, the grievant shall present either in writing or verbally a clear and concise statement of the grievance to the immediate supervisor. Within fifteen (15) calendar days thereafter, the immediate supervisor shall investigate and respond to the allegations of the grievant.

Step 2.

If the grievant is not satisfied with the resolution at Step 1, the grievant must reduce the grievance to writing and present it to the Department Director within ten (10) calendar days. The written MMEA MOU 2024 - 2027 28
grievance shall contain a statement of facts about the nature of the grievance and shall identify the specific provisions of this Memorandum of Understanding (or applicable City Personnel Rule or Regulation) alleged to be violated, applicable times, places and names of those involved, the remedy or relief requested, and shall be signed by the grievant. The Department Director shall confer with the grievant and within fifteen (15) calendar days respond to the allegations in writing.

Step 3.

If the grievant is not satisfied with the resolution at Step 2, the grievant shall within ten (10) calendar days appeal the matter to the Human Resources Director. The Human Resources Director shall investigate the matter, conduct a hearing if the Human Resources Director deems it appropriate and within fifteen (15) calendar days thereafter, respond to the allegations in writing.

Step 4.

If the grievance remains unresolved after Step 3, the Association may, by written notice to the City’s Human Resources Department within ten (10) calendar days after the receipt of the response in Step 3, notify the City that the Association wishes to appeal the Step 3 decision to the City Manager or their designee.

The Association shall submit in writing a written statement of the grievance and deliver a copy to the City Manager or their designee. The written statement shall include the following information:
• The factual basis for the grievance.
• Allegations of the specific wrongful act and harm done. • The specific portion of the MOU or applicable City Personnel Rule or Regulation that was violated.
• The remedy being sought.
• Copies of Step 1-3 responses.

Within ten (10) calendar days thereafter, the City Manager or their designee may, at their direction, schedule a meeting with the grievant to discuss the matter. After consideration of the facts and an investigation, the City Manager or their designee shall respond to the employee within fifteen (15) calendar days. The City Manager may extend the deadline by fifteen (15) calendar days if further investigation is required. The response shall be in writing. The decision of the City Manager will be final and binding.

The City Manager’s decision will be limited as follows:

1. The decision shall neither add to, detract from, nor modify any of the language of the MOU.

2. The decision shall be confined to the precise issues(s) the grievance has raised and that the grievant has submitted.

3. Any monetary award in favor of the grievant may not exceed wages or benefits that the grievant has actually lost as a result of the matters alleged in the grievance. In no event shall any grievance award include any compensatory damages or attorney’s fees.

7.3 EMPLOYMENT SEPARATION
Represented employees are at-will employees of the City.

7.3.1 Separations Requiring Severance
MMEA MOU 2024 - 2027 29
Except employees who have committed an abuse of office or position as defined by Government Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, a midmanagement unit employee who is involuntarily separated shall receive severance pay in a lump sum equal to the following provided they sign a settlement and general release provided by the City:
• 1 year of service = two-months of salary and two month of COBRA health insurance. • 2 years of service = three-months of salary and three months of COBRA health insurance. • 3 years of service = four-months of salary and four months of COBRA health insurance. • 4 years of service = five-months of salary and five months of COBRA health insurance. • 5 years of service = six-months of salary and six months of COBRA health insurance.

7.3.2 Separations Not Requiring Severance
For employees who have committed an abuse of office or position as defined by Government Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, the City shall provide the employee with a notice of intent to terminate prior to imposition. This document shall set forth the grounds for termination, the facts supporting the grounds, and all evidence upon which the termination is taken. In addition, the notice will advise the employee of their right to respond to the proposed termination either in writing or orally at a meeting and identify who from the City to contact if the employee decides to respond to the termination.

Any response must be received by the City within fifteen (15) calendar days of the employee receiving the notice of intent to terminate. The meeting, if requested by the employee, shall take place at a mutually agreeable time within fifteen (15) days (unless mutually agreed to be extended by the parties) of the employee’s request at a location determined by the City. If the employee does not provide a written response or request a meeting within the time limits, termination will be imposed. The employee has the right to be represented at all stages of this process.

If termination is imposed, the City shall issue a final notice of termination. The notice shall include the same information as what is required for a notice of intent. The notice shall also set forth the employee’s appeal rights advising the employee that if they wish to appeal the termination, they must do so in writing by serving a notice of appeal to the Human Resources Director within fifteen (15) calendar days. The notice of termination will set forth the effective date of the termination.

The City’s Human Resources Director or their designee shall contact either the employee or their identified representative within ten (10) calendar days (unless the date is extended by mutual agreement of the parties) of receipt of the notice of appeal to determine whether the parties can agree on an advisory arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the Public Employment Relations Board requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name, and proceed until one (1) name remains, and that person shall be the arbitrator. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. During the hearing, the formal rules of evidence do not apply. The arbitration may be conducted virtually based on mutual agreement of the parties.

The cost of the list of arbitrators, and the arbitrator themselves, shall be split between the City and the Association if the Association is financially supporting the appeal. Any arbitration expenses incurred as the result of a postponement or cancellation of a hearing shall be borne by the postponing or cancelling party. If either party wishes to have a transcript of the arbitration MMEA MOU 2024 - 2027 30
proceedings, the requesting party will be solely responsible for all costs associated with the transcript. If both parties request a transcript, the cost will be shared equally. Each party shall arrange for and pay expenses of witnesses that are called by such party, except that any City employee called as a witness shall be released from work without loss of compensation or other benefits for the time needed to testify at the arbitration hearing. Arrangements for employee witnesses shall be made through the Human Resources Director, or designee at least three (3) calendar days in advance of the hearing date.

The arbitrator’s decision will be limited to whether the employee committed an abuse of office or position as defined by Government Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, which the City must prove by a preponderance of the evidence.

The arbitrator shall issue their advisory recommendation within thirty (30) calendar days from the conclusion of the hearing unless the period has been mutually extended in writing by the parties.

Once the arbitrator issues their advisory recommendation, they will submit it to the City Manager as well as both parties’ representatives.

Within thirty (30) days of receipt of the advisory arbitrator’s recommendation, the City Manager shall issue and send their final written decision to the parties. The City Manager may accept, reject or modify the advisory arbitrator's recommendation or any part thereof. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the advisory arbitrator's recommendation and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator. The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.5 that provides a 90-day statute of limitations.

7.4 DISCIPLINE
The City retains the management right to discipline unit members. However, the City agrees that the Association has the right to represent members should the City decide to issue discipline.

Discipline may be initiated for reasons, including, but not limited to, employee misconduct, violations of law and/or City or Department rule, policy, or procedure.

The City shall provide timely notice in writing to the employee and the Association of any disciplinary action being taken. This document shall set forth the grounds for discipline, the facts supporting the grounds, and all evidence upon which the discipline is taken.

For discipline that does not result in loss of pay or title, represented employees may submit a written response to the discipline and the City shall include it with the discipline if the City puts the discipline in the employee’s personnel file.

For any discipline that results in loss of pay or title, the City shall allow the employee and an Association representative to respond to the proposed discipline orally or in writing prior to the discipline being imposed. Any response must be received by the City within fifteen (15) calendar days of the employee receiving the notice of intent to discipline. If the City imposes discipline, and the employee submitted a written response to the proposed discipline, the City shall include it with the discipline in the employee’s personnel file

MMEA MOU 2024 - 2027 31
MID-MANAGEMENT EMPLOYEE ASSOCIATION: CITY OF SAN RAFAEL:

Jeffrey Natke, Chief Negotiator
City Employee Associates, LLC
Tim Davis, Chief Negotiator
Burke Williams Sorensen

Thomas Wong, Senior Management Analyst II Nick Biss, Principal HR Analyst

Date Date
Grade Position A B C D E
2303 Assistant Community Development Director $ 13,025 $ 13,676 $ 14,360 $ 15,078 $ 15,832 2304
Assistant Community & Economic Development
Director $ 13,676 $ 14,360 $ 15,078 $ 15,832 $ 16,624
2400 Assistant Library and Recreation Director $ 12,036 $ 12,638 $ 13,270 $ 13,933 $ 14,630 2202 Assistant Public Works Director $ 13,530 $ 14,207 $ 14,917 $ 15,663 $ 16,446 2302 Chief Building Official $ 12,574 $ 13,202 $ 13,863 $ 14,556 $ 15,284 4203 Civic Engagement Manager $ 10,843 $ 11,385 $ 11,955 $ 12,552 $ 13,180 2122 Code Enforcement Supervisor $ 8,186 $ 8,595 $ 9,025 $ 9,477 $ 9,950 4204 Data & Infrastructure Manager $ 11,667 $ 12,251 $ 12,863 $ 13,506 $ 14,182 4213 Deputy Building Official $ 11,101 $ 11,656 $ 12,239 $ 12,851 $ 13,493 7125 Deputy Director of Emergency Management $ 13,531 $ 14,207 $ 14,918 $ 15,663 $ 16,447 2120 Deputy Fire Marshall $ 10,702 $ 11,237 $ 11,799 $ 12,389 $ 13,009 TBD Deputy PW Administrative Services Director $ 12,292 $ 12,907 $ 13,552 $ 14,230 $ 14,941 2135 Deputy Public Works Director $ 12,292 $ 12,907 $ 13,552 $ 14,230 $ 14,941 7117 Emergency Services Manager $ 9,883 $ 10,377 $ 10,896 $ 11,441 $ 12,013 2137 Housing Manager $ 11,844 $ 12,436 $ 13,058 $ 13,710 $ 14,396 2208 Operations and Maintenance Manager $ 11,300 $ 11,865 $ 12,459 $ 13,082 $ 13,736 2208 Operations and Maintenance Manager (SRSD) $ 11,300 $ 11,865 $ 12,459 $ 13,082 $ 13,736 TBD Operations & Maintenance Superintendent $ 10,124 $ 10,631 $ 11,162 $ 11,720 $ 12,306 2703 Parking Services Manager $ 10,326 $ 10,842 $ 11,385 $ 11,954 $ 12,551 7312 Parks Superintendent $ 10,124 $ 10,631 $ 11,162 $ 11,720 $ 12,306 2116 Planning Manager $ 11,844 $ 12,436 $ 13,058 $ 13,710 $ 14,396 2206 Principal Civil Engineer (SRSD) $ 13,806 $ 14,497 $ 15,222 $ 15,983 $ 16,782 4206 Product Manager $ 10,843 $ 11,385 $ 11,955 $ 12,552 $ 13,180 8103 Recreation Supervisor $ 8,531 $ 8,957 $ 9,405 $ 9,875 $ 10,369 9511 Risk Manager $ 11,508 $ 12,084 $ 12,688 $ 13,322 $ 13,988 7317 Senior Code Enforcement Supervisor $ 9,036 $ 9,487 $ 9,962 $ 10,460 $ 10,983 2101 Senior Management Analyst I $ 8,384 $ 8,803 $ 9,243 $ 9,705 $ 10,191 2105 Senior Management Analyst II $ 9,982 $ 10,481 $ 11,005 $ 11,555 $ 12,133 2203 Senior Project Manager $ 10,021 $ 10,522 $ 11,048 $ 11,600 $ 12,181 8102 Senior Recreation Supervisor $ 9,643 $ 10,125 $ 10,631 $ 11,163 $ 11,721 7310 Sewer Maintenance Superintendent $ 10,124 $ 10,631 $ 11,162 $ 11,720 $ 12,306 7311 Street Maintenance Superintendent $ 10,124 $ 10,631 $ 11,162 $ 11,720 $ 12,306 7245 Supervising Librarian $ 8,737 $ 9,174 $ 9,632 $ 10,114 $ 10,620 2150 Sustainability Program Manager $ 8,573 $ 9,002 $ 9,452 $ 9,925 $ 10,421

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2024
Grade Position A B C D E
2303 Assistant Community Development Director $ 13,416 $ 14,086 $ 14,791 $ 15,530 $ 16,307 2304
Assistant Community & Economic Development
Director $ 14,086 $ 14,791 $ 15,530 $ 16,307 $ 17,122
2400 Assistant Library and Recreation Director $ 12,698 $ 13,333 $ 14,000 $ 14,700 $ 15,435 2202 Assistant Public Works Director $ 14,139 $ 14,846 $ 15,588 $ 16,368 $ 17,186 2302 Chief Building Official $ 13,140 $ 13,797 $ 14,486 $ 15,211 $ 15,971 4203 Civic Engagement Manager $ 11,440 $ 12,012 $ 12,612 $ 13,243 $ 13,905 2122 Code Enforcement Supervisor $ 8,555 $ 8,982 $ 9,431 $ 9,903 $ 10,398 4204 Data & Infrastructure Manager $ 12,017 $ 12,618 $ 13,249 $ 13,912 $ 14,607 4213 Deputy Building Official $ 11,434 $ 12,006 $ 12,606 $ 13,236 $ 13,898 7125 Deputy Director of Emergency Management $ 14,139 $ 14,846 $ 15,589 $ 16,368 $ 17,187 2120 Deputy Fire Marshall $ 11,184 $ 11,743 $ 12,330 $ 12,947 $ 13,594 TBD Deputy PW Administrative Services Director $ 12,845 $ 13,488 $ 14,162 $ 14,870 $ 15,614 2135 Deputy Public Works Director $ 12,845 $ 13,488 $ 14,162 $ 14,870 $ 15,614 7117 Emergency Services Manager $ 10,180 $ 10,688 $ 11,223 $ 11,784 $ 12,373 2137 Housing Manager $ 12,495 $ 13,120 $ 13,776 $ 14,465 $ 15,188 2208 Operations and Maintenance Manager $ 11,922 $ 12,518 $ 13,144 $ 13,801 $ 14,491 2208 Operations and Maintenance Manager (SRSD) $ 11,922 $ 12,518 $ 13,144 $ 13,801 $ 14,491 TBD Operations & Maintenance Superintendent $ 12,784 $ 13,423 $ 14,094 $ 14,799 $ 15,539 2703 Parking Services Manager $ 10,791 $ 11,330 $ 11,897 $ 12,492 $ 13,116 7312 Parks Superintendent $ 10,529 $ 11,056 $ 11,609 $ 12,189 $ 12,798 2116 Planning Manager $ 12,495 $ 13,120 $ 13,776 $ 14,465 $ 15,188 2206 Principal Civil Engineer (SRSD) $ 14,221 $ 14,932 $ 15,678 $ 16,462 $ 17,285 4206 Product Manager $ 11,440 $ 12,012 $ 12,612 $ 13,243 $ 13,905 8103 Recreation Supervisor $ 8,829 $ 9,271 $ 9,734 $ 10,221 $ 10,732 9511 Risk Manager $ 11,854 $ 12,446 $ 13,069 $ 13,722 $ 14,408 7317 Senior Code Enforcement Supervisor $ 9,442 $ 9,914 $ 10,410 $ 10,931 $ 11,477 2101 Senior Management Analyst I $ 8,761 $ 9,199 $ 9,659 $ 10,142 $ 10,649 2105 Senior Management Analyst II $ 10,431 $ 10,953 $ 11,500 $ 12,075 $ 12,679 2203 Senior Project Manager $ 10,322 $ 10,838 $ 11,380 $ 11,949 $ 12,546 8102 Senior Recreation Supervisor $ 10,173 $ 10,682 $ 11,216 $ 11,777 $ 12,366 7310 Sewer Maintenance Superintendent $ 10,529 $ 11,056 $ 11,609 $ 12,189 $ 12,798 7311 Street Maintenance Superintendent $ 10,529 $ 11,056 $ 11,609 $ 12,189 $ 12,798 7245 Supervising Librarian $ 9,261 $ 9,724 $ 10,210 $ 10,721 $ 11,257 2150 Sustainability Program Manager $ 9,174 $ 9,632 $ 10,114 $ 10,620 $ 11,150

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2025
Grade Position A B C D E
2303 Assistant Community Development Director $ 13,818 $ 14,509 $ 15,235 $ 15,996 $ 16,796 2304
Assistant Community & Economic Development
Director $ 14,509 $ 15,235 $ 15,996 $ 16,796 $ 17,636
2400 Assistant Library and Recreation Director $ 13,333 $ 14,000 $ 14,700 $ 15,435 $ 16,206 2202 Assistant Public Works Director $ 14,705 $ 15,440 $ 16,212 $ 17,022 $ 17,874 2302 Chief Building Official $ 13,665 $ 14,348 $ 15,066 $ 15,819 $ 16,610 4203 Civic Engagement Manager $ 12,012 $ 12,612 $ 13,243 $ 13,905 $ 14,600 2122 Code Enforcement Supervisor $ 8,897 $ 9,342 $ 9,809 $ 10,299 $ 10,814 4204 Data & Infrastructure Manager $ 12,378 $ 12,997 $ 13,647 $ 14,329 $ 15,045 4213 Deputy Building Official $ 11,777 $ 12,366 $ 12,984 $ 13,633 $ 14,315 7125 Deputy Director of Emergency Management $ 14,705 $ 15,440 $ 16,212 $ 17,023 $ 17,874 2120 Deputy Fire Marshall $ 11,631 $ 12,213 $ 12,824 $ 13,465 $ 14,138 TBD Deputy PW Administrative Services Director $ 13,359 $ 14,027 $ 14,729 $ 15,465 $ 16,238 2135 Deputy Public Works Director $ 13,359 $ 14,027 $ 14,729 $ 15,465 $ 16,238 7117 Emergency Services Manager $ 10,485 $ 11,009 $ 11,560 $ 12,138 $ 12,744 2137 Housing Manager $ 13,120 $ 13,776 $ 14,465 $ 15,188 $ 15,947 2208 Operations and Maintenance Manager $ 12,518 $ 13,144 $ 13,801 $ 14,491 $ 15,216 2208 Operations and Maintenance Manager (SRSD) $ 12,518 $ 13,144 $ 13,801 $ 14,491 $ 15,216 TBD Operations & Maintenance Superintendent $ 13,359 $ 14,027 $ 14,729 $ 15,465 $ 16,238 2703 Parking Services Manager $ 11,222 $ 11,784 $ 12,373 $ 12,991 $ 13,641 7312 Parks Superintendent $ 10,950 $ 11,498 $ 12,073 $ 12,676 $ 13,310 2116 Planning Manager $ 13,120 $ 13,776 $ 14,465 $ 15,188 $ 15,947 2206 Principal Civil Engineer (SRSD) $ 14,647 $ 15,380 $ 16,149 $ 16,956 $ 17,804 4206 Product Manager $ 12,012 $ 12,612 $ 13,243 $ 13,905 $ 14,600 8103 Recreation Supervisor $ 9,138 $ 9,595 $ 10,075 $ 10,579 $ 11,108 9511 Risk Manager $ 12,209 $ 12,820 $ 13,461 $ 14,134 $ 14,840 7317 Senior Code Enforcement Supervisor $ 9,820 $ 10,311 $ 10,827 $ 11,368 $ 11,936 2101 Senior Management Analyst I $ 9,112 $ 9,567 $ 10,045 $ 10,548 $ 11,075 2105 Senior Management Analyst II $ 10,848 $ 11,391 $ 11,960 $ 12,558 $ 13,186 2203 Senior Project Manager $ 10,631 $ 11,163 $ 11,721 $ 12,307 $ 12,922 8102 Senior Recreation Supervisor $ 10,682 $ 11,216 $ 11,777 $ 12,366 $ 12,984 7310 Sewer Maintenance Superintendent $ 10,950 $ 11,498 $ 12,073 $ 12,676 $ 13,310 7311 Street Maintenance Superintendent $ 10,950 $ 11,498 $ 12,073 $ 12,676 $ 13,310 7245 Supervising Librarian $ 9,817 $ 10,308 $ 10,823 $ 11,364 $ 11,932 2150 Sustainability Program Manager $ 9,816 $ 10,306 $ 10,822 $ 11,363 $ 11,931

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2026
SRMMEA MOU – Exhibit B
San Rafael Mid-Management Association
Represented Classifications
1 Assistant Community Development Director
Assistant Director of Community and Economic Development Assistant Library and Recreation Director
Assistant Public Works Director
Chief Building Official
Civic Engagement Manager
Code Enforcement Supervisor
Data & Infrastructure Manager
Deputy Building Official
Deputy Director of Emergency Management
Deputy Fire Marshal
Deputy Public Works Administrative Director
Deputy Public Works Director
Emergency Services Manager
Housing Manager
Operations and Maintenance Manager
Operations and Maintenance Superintendent
Parking Services Manager
Parks Superintendent
Planning Manager
Principal Civil Engineer (SRSD)
Product Manager
SRMMEA MOU – Exhibit B
San Rafael Mid-Management Association
Represented Classifications
2 Recreation Supervisor
Risk Manager
Senior Code Enforcement Supervisor
Senior Management Analyst I
Senior Management Analyst II
Senior Project Manager
Senior Recreation Supervisor
Sewer Maintenance Superintendent
Street Maintenance Superintendent
Supervising Librarian
Sustainability Program Manager
Climate Adaptation and Resilience Planner (Advanced Professional Temp Fixed Term) Wildfire Prevention Program Manager (Advanced Professional Temp Fixed Term) Enterprise Applications Manager (Advanced Professional Temp Fixed Term) Police Senior Project Manager (Advanced Professional Temp Fixed Term) All Fixed Term positions in any of the classifications above SRMMEA MOU – Exhibit C
San Rafael Mid-Management Association
Salary & Equity Adjustments (2024-2027)
The City shall provide the following salary and equity adjustments increases for the listed positions in each year of the MOU, with Year 1 salary increases to become effective July 1, 2024; or, on the first pay period after Council’s approval – whichever occurs later in time:

RESOLUTION NO. 14955

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING THE

COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MID-MANAGEMENT EMPLOYEES (July 1, 2021 through June 30, 2024)
WHEREAS, the Salary Resolution establishing the terms of compensation for the Unrepresented Mid-Management group expired on June 30, 2021; and WHEREAS, Unrepresented Mid-Management employees were subject to a 5% furlough reduction for Fiscal Year 2020-21; and
WHEREAS, year-end review of the FY 20-21 budget shows that the City’s projected revenue losses anticipated due to the pandemic did not materialize as expected and the City is in a financial position to issue repayment of the furlough reduction; and WHEREAS, the circumstances that make it possible for the City to reimburse employees for the furlough are extremely unique in nature and this one-time reimbursement for FY 20-21 is nonprecedential; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Rafael hereby approve the following compensation and working conditions for Unrepresented Mid-Management employees and repayment of the furlough reduction taken for FY 20-21.

1. MID-MANAGEMENT EMPLOYEES
The Mid-Management Employees of the City of San Rafael are the Mid-Management Job Class Titles (“Mid-Managers”) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for the Mid-Managers for the period from July 1, 2021 through June 30, 2024.

2. SALARY AND COMPENSATION GOALS
A. GOALS AND COMPENSATION DEFINITIONS
It is the goal of the City Council to try to achieve a total compensation package for all Mid-Managers that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa. The Council’s goal is to attract and retain the most qualified Mid-Managers in accordance with the City’s ability to pay.

Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, management allowance, and employer paid cafeteria/flexible spending accounts.

B. COMPENSATION SURVEYS
In order to measure progress towards the above-stated goal, the City shall survey the identified Management benchmark positions (Exhibit B) to assess the related Mid-Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution.

Identified benchmark positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the benchmark position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as 2 benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements.

The City shall review the benchmark and related survey data for accuracy and completeness. The City shall provide the survey data to all Mid-Managers. During the term of this Resolution, MidManagers agree to work with the City to identify and implement a new benchmark strategy such as an alignment of Mid-Manager salaries with the respective department director.

C. SALARY INCREASES
Prior year contract extension – restoration of 3% base wage: For FY 20-21, all bargaining groups (except WCE, Local 1, Mid-Management and Executive Management) received a 3% base wage increase for the 1-year contract extension which was implemented for FY 20/21. The timing of the COVID-19 pandemic and the associated financial losses which were projected at that time, resulted in an unintended disparate treatment of the bargaining groups. WCE, Local 1, Mid-Management and Executive Management did not receive this same 3% base wage increase for FY 20-21. However, the City is now in a financial position to “restore” the 3% base wage increase to those groups. The 3% base wage increase will apply to all mid-management positions and is reflected in the salaries listed in the attached salary schedule.

Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The salary schedule included with this salary resolution authorizes the proposed new salary for each position.

3. INSURANCE
Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws.

A. HEALTH INSURANCE

1. Health Insurance for Active Employees. Effective January 1, 2009, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.

The monthly flex dollar allowance effective the paycheck of December 15, 2020 shall be:

For employee only: $ 673.42
For employee and one dependent: $1,346.82
For employee and two or more dependents: $1,750.88
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year by up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA.

The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits or may be converted to taxable income.
3 Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance.

Miscellaneous Allowance for Employees hired on or before January 1, 2009:

The City shall pay to employees hired on or before January 1, 2009 a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.

2. Health Insurance for Retirees
MID-MANAGERS HIRED PRIOR TO APRIL 1, 2007
a. For Mid-Managers who retired before December 1, 2001, the City’s contribution to retiree medical premiums shall be the PEMHCA minimum contribution as designated by PEMHCA on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) up to $442 per month. The City‘s longevity contribution shall remain in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner. b. Mid-Managers who retired on or after December 1, 2001 from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Mid-Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to receive upon retirement the PEMHCA minimum contribution as designated by PEMHCA on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of active Mid-Manager employees. The City‘s longevity contribution shall remain 4 in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.

As described in this subsection, the City shall reimburse retired Mid-Managers and their spouses or registered domestic partners the Medicare Part B standard premium amount as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis.

To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired Mid-Manager’s life and that of the retired Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.

MID-MANAGERS HIRED ON OR AFTER APRIL 1, 2007
Mid-Managers who are hired on or after April 1, 2007, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.b.) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity contribution shall cease upon the retired Mid-Manager’s death.

The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse.

MID-MANAGER HIRED ON OR AFTER JANUARY 1, 2009
Mid-Managers who are hired on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.

The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse.

The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by the mandatory annual conversion of 50 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion.

B. LIFE INSURANCE
The City shall provide a basic group life insurance plan in the amount of $150,000 at no cost to the employee.
5 C. LONG-TERM DISABILITY INSURANCE
The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7500 (reduced by any deductible benefits).

D. DENTAL INSURANCE
The City shall make available to employees, an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents.

E. VISION PLAN
The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.

F. EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance.

4. RETIREMENT
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Mid-Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association.

Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Mid-Management employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA.

The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System.

B. COLA
Mid-Managers participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act.

Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act).

C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Mid-Manager subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.

Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA.

Minimum retirement age is 55.

Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, 6 through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately preceding the effective date of his or her retirement or some other period designated by the retiring employee.

D. SERVICE CREDIT FOR SICK LEAVE
Mid-Managers who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 5 A. of this Resolution). This provision will no longer be available to Mid-Managers hired after June 30, 2009.

E. MANAGEMENT ALLOWANCE
As of September 16, 2015, the Management Allowance of 4.54% was rolled into base pay for all Unrepresented Mid-Management employees.

5. LEAVES OF ABSENCE
A. SICK LEAVE
Mid-Managers shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period.

Mid-Managers who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary.

Mid-Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation.

Mid-Managers may use sick leave prior to completion of probation. In recognition of Mid-Managers’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a MidManager’s sick leave accrual, unless the employee is absent for the full work day.

Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary.

B. VACATION LEAVE

1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status:

Years of service Leave Accrual rate/yearly
1-5 years 15 days
6 years 16 days
7 years 17 days
8 years 18 days
9 years 19 days
10 years 20 days
11 years 21 days
7 12 years 22 days
13 years 23 days
14 years 24 days
15 plus years 25 days
In recognition of Mid-Managers’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Mid-Manager’s vacation accrual unless the employee is absent for the full work day.

2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Mid-Manager; prior approval is required.

Mid-Managers may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee’s accumulated vacation leave balance falls below the accrual limit of 250 hours. Mid-Managers who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Mid-Managers may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. The vacation accrual may be increased to a maximum of 300 hours at the discretion of the City Manager.

3. Annual Option for Payment of Accrued Vacation Leave
A Mid-Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that his/her accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to him/her in cash. The request may be granted at the discretion of the City Manager.

Mid-Managers may not cash-in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period.

C. ADMINISTRATIVE LEAVE
Mid-Managers shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the Department Director and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department director and the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Mid-Manager upon his/her resignation.

In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Mid-Manager’s administrative leave accrual, unless the employee is absent for the full work day.

D. HOLIDAYS
City shall provide eleven designated holidays and two floating holidays per calendar year to MidManagers. The hours for the floating holidays are automatically added to an employees’ vacation accrual on a semi-annual basis.

E. BEREAVEMENT LEAVE
In the event of the death of a Mid-Manager’s spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the home of the employee, and/or another individual who has a legal familial relationship to the employee and resided in the employee’s household, the City shall provide bereavement leave up to a maximum of three (3) days within the state and five (5) days out-of-state.

F. CATASTROPHIC LEAVE
All Mid-Managers shall abide by the City’s Catastrophic Leave Policy. 8 6. EMPLOYMENT TERMS
A. HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Mid-Managers shall be 7.5 hours per day.

B. DRUG FREE WORK PLACE
All Mid-Managers shall abide by the City’s Drug and Alcohol Policy.

C. FURLOUGH PLAN
Mid-Managers endorse the Furlough Program described in Exhibit C attached to this Resolution.

D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Mid-Managers shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein.

E. OUTSIDE EMPLOYMENT
All Mid-Managers shall abide by the City’s Outside Employment Policy.

F. CITY VEHICLE
Under limited circumstances, a city vehicle may be provided to a Mid-Manager if it is determined to be needed to complete his/her job duties and upon approval of the City Manager.

G. UNIFORM ALLOWANCE
If required to wear a uniform which is not provided by the City, employee shall receive an annual uniform allowance of $445 per year, paid in two installments, in June and December.

H. GYM REIMBURSEMENT
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym memberships.

Such reimbursement shall be reported as taxable income to the employee.

I. Professional Development
The City Manager commits to working with each department’s management team to establish dedicated professional development time throughout the year I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 19th day of July 2021 by the following vote, to wit:

AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati

LINDSAY LARA, CITY CLERK
____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: SM 3.b
Meeting Date: June 21, 2024

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Human Resources
Prepared by: Angela Robinson Piñon,
Assistant City Manager
Marissa Sanchez, Human Resources Director
City Manager Approval: ________
TOPIC: COMPENSATION FOR UNRESPRESENTED MID-MANAGEMENT EMPLOYEES SUBJECT: RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MID-MANAGEMENT EMPLOYEES (JULY 1, 2024, THROUGH JUNE 30, 2027)
RECOMMENDATION: Staff recommends that the City Council adopt the resolution establishing the compensation and working conditions for unrepresented mid-management employees (July 1, 2024, through June 30, 2027).

BACKGROUND:

The unrepresented Mid-Management employee group (“Mid-Managers”) includes five (5) positions assigned to various City departments. These Mid-Managers support ongoing services and operations around the City. The Unrepresented Mid-Management Salary Resolution expires on June 30, 2024. In keeping with the equity adjustment approach for represented employees, salary increases for each position depend on the extent to which each position is behind the labor market average. The recommended base wage increase of three percent (3.0%) and the proposed adjustments to the City’s contributions to the flex cafeteria plan for the Unrepresented Mid-Management Employee Management group is consistent with proposals and agreements for represented employees over the same threeyear period.

ANALYSIS:

The following reflects highlights of the salary resolution and is consistent with the economic guidelines authorized by the City Council. The attached resolution includes all the recommended changes.

1. Term of the Resolution: July 1, 2024, through June 30, 2027

2. Salary Increase: Individual classification salary increase percentages may be lower or higher than the percentages listed below, based on the amount of labor market adjustment recommended for each position in the unit. The salary schedule included in the attached resolution authorizes the proposed new salary for each position.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
a. Year 1: A 3.0% cost of living increase and a 3.0% or 4.0% equity adjustment (dependent upon position) for a total increase of 6.0% to 7.0%
b. Year 2: A 3.0% cost of living increase and a 2.5% to 4.0% equity adjustment (dependent upon position) for a total increase of 5.5% to 7.0%
c. Year 3: A 3.0% cost of living increase and a 2.0% to 4.0% equity adjustment (dependent upon position) for a total increase of 5.0% to 7.0%

3. Full Flex Cafeteria Plan: To address rising healthcare costs and improve the City’s ability to recruit and retain employees and to improve the market position among comparator agencies, employees will receive an increase in their monthly Flex Dollar Allowance as noted below:

Health Tier Current Increase Effective
Dec 2024
Employee Only $ 735.86 $ 214.14 $ 950.00
Employee +1 dependent $ 1,471.71 $ 428.29 $ 1,900.00
Employee + Family $ 1,913.24 $ 486.76 $ 2,400.00
For the term of this resolution, on December 15, 2025, and December 15, 2026, the flex dollar amount shall increase up to a maximum of 5%, based on the Kaiser Bay Area premium rate increase. If the Kaiser Bay Area premium rate increase is between 10%-15%, the City and employee will split the cost of the increase above ten percent (10%) evenly. Upon expiration of the resolution, the flex dollar amount increase shall revert back to a maximum of 3%, based on the Kaiser Bay Area premium rate increase.

4. Life Insurance: Increases life insurance coverage benefits from $150,000 to $300,000.

5. Deferred Compensation: The City will contribute one and six hundredths’ percent (1.06%) of pensionable compensation toward a City-provided deferred compensation plan.

6. Uniform Pay: Increases the uniform pay for those employees required to wear a uniform from $445 to $545 per year.

7. Out of Class Compensation: Establishes “out of class” compensation for employees working in a higher job classification for ten (10) or more days. Employees would receive a five percent (5%) increase in wages for taking on the other duties. If the assignment goes beyond four (4) weeks, the employee shall be compensated at a step within the salary range for the classification that is “greater than 5% of the employee’s base pay.”

8. Bilingual Pay: Employees who demonstrate proficiency in speaking and writing a language and provide translation and interpretation services to the City may receive up to an additional $250 monthly.

9. Severance Pay: The severance amount is tied to years of service up to a maximum of six (6) months’ severance pay. Severance pay is contingent upon an employee’s release of claims against the City and only applies for terminations that are “not for cause.”

10. Non-Economic Items: The attached resolution also includes the following changes:
• Gender Neutral Language: Replaces references to “he,” “she,” “his,” and “hers” with “they,” SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
“them,” and “their.”
• Contributions to Retiree Health Savings Account: Changed the voluntary employee contribution from 50 hours to 80 hours of sick time.
• Holidays: Adds Juneteenth to the list of City holidays and reduces the number of floating holidays from two to one.
• Bereavement Leave: Updates existing bereavement language to comply with changes in state law.
• Paid Parental Leave: Provides 300 hours of paid parent leave for employees following the birth or adoption of a child.
• End of Life Care Leave: Provides up to 80 hours of paid leave for an employee who is providing care for a family member at the end of their life. • Wellness Benefit: Broadens use of the exiting benefit to include reimbursement for health and wellness expenses such as wellness counseling, physical therapy, and smoking cessation programs.
• At-Will Status: Adds language clarifying the at-will status of unrepresented Mid-Managers.

FISCAL IMPACT:

The current total annual salary and benefit cost to the City for the five (5) unrepresented MidManagement employees is $1,344,356. The additional ongoing incremental cost of the recommended salary resolution beyond the FY 24/25 budget is:

Incremental
FY 2024-25
Incremental
FY 2025-26
Incremental
FY 2026-27
Wages:

Salary $30,077 $27,585 $29,240
Other Costs:

Pension* $13,842 $12,695 $13,457
Taxes (Medicare, WC) $1,149 $1,054 $1,117
Benefits $22,985 $4,596 $4,828
Total Annual Incremental Costs: $68,053 $45,930 $48,642 Total Over Term of Contract $204,158 $91,859 $48,642
$344,660
**This incremental pension cost results only from the negotiated wage increase and does not include the cost of associated MCERA rate changes. The terms and conditions of the pension benefit plan remain unchanged.

While the incremental cost is $68,053 for fiscal year 2024-2025, $45,930 for fiscal year 2025-2026, and $48,642 for fiscal year 2026-2027, the increases are compounding and therefore the projected cumulative wages and other costs total $344,660 for the three-year term. The increase in compensation included in this resolution is in line with the City’s current budget projections. Funding for these positions is provided for in the City’s General Fund.

OPTIONS:

The City Council has the following options to consider in this matter:
• Accept staff’s recommendation to adopt the resolution. • Adopt resolution with modifications.
• Direct staff to return with more information.
• Take no action.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
RECOMMENDED ACTION:

Staff recommends that the City Council adopt the resolution establishing the compensation and working conditions for Unrepresented Mid-Management Employees (July 1, 2024, through June 30, 2027).

ATTACHMENTS:

1. Resolution Establishing the Compensation and Working Conditions for Unrepresented MidManagement Employees (July 1, 2024, through June 30, 2027), with attachments

2. Resolution with tracked changes
RESOLUTION NO.

AMENDED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL

ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED

MID-MANAGEMENT EMPLOYEES
(July 1, 2024 through June 30, 2027)

1. MID-MANAGEMENT EMPLOYEES
The Mid-Management Employees of the City of San Rafael are the Mid-Management Job Class Titles (“Mid-Managers”) enumerated in Exhibit A, attached hereto and incorporated herein. This Resolution shall constitute the compensation and conditions of employment for Unrepresented Mid-Managers for the period from July 1, 2024 through June 30, 2027.

2. SALARY AND COMPENSATION GOALS
A. GOALS AND COMPENSATION DEFINITIONS
It is the goal of the City Council to try to achieve a total compensation package for all Mid-Managers that is competitive compared to similar cities in our labor market. The survey cities are Fairfield, Hayward, San Leandro, South San Francisco, Alameda, Napa, Novato and Santa Rosa. The Council’s goal is to attract and retain the most qualified Mid-Managers in accordance with the City’s ability to pay.

Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer’s contribution towards employees’ share of retirement, employer’s retirement contribution, employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, management allowance, and employer paid cafeteria/flexible spending accounts.

B. COMPENSATION SURVEYS
In order to measure progress towards the above-stated goal, the City shall survey Mid-Management positions in the final year of the Resolution in advance of discussions regarding a successor Resolution.

Identified positions from other agencies include positions that are filled as well as those that may be unfilled, so long as the position is identified by the survey agency as being on the salary schedule and having a job class description. Other city/agency positions are established as benchmark positions in San Rafael's compensation survey based upon similar work and similar job requirements.

The City shall review the survey data for accuracy and completeness. The City shall provide the survey data to all Mid-Managers. During the term of this Resolution, Mid-Managers agree to work with the City to identify and implement a new benchmark strategy such as an alignment of MidManager salaries with the respective department director.

C. SALARY INCREASES
Individual classification salary increase percentages depend on the labor market adjustment applied to each position. The salary schedule included with this salary resolution authorizes the proposed new salary for each position.

3. INSURANCE
Health & Dental Insurance benefits are prorated for part-time employees in accordance with the percentage of full-time work schedule. Domestic partners who are registered with the Secretary of State and same-sex spouses are considered dependents under these benefits. Pertinent taxes will be 2 applied to coverage provided to registered domestic partners and same sex spouses as required by federal and state laws.

A. HEALTH INSURANCE

1. Health Insurance for Active Employees. Effective January 1, 2009, the City implemented a full flex cafeteria plan for active employees, in accordance with IRS Code Section 125. Active employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.

The monthly flex dollar allowance effective the paycheck of July 1, 2024 shall be:

For employee only: $ 735.86
For employee and one dependent: $1,471.71
For employee and two or more dependents: $1,913.24
The monthly flex dollar allowance effective the paycheck of December 15, 2024, shall be:

For employee only: $ 950.00
For employee and one dependent: $ 1,900.00
For employee and two or more dependents: $ 2,400.00
Effective December 15, 2025, and December 15, 2026, the flex dollar allowances shall increase on the December 15th paycheck up to a maximum of five percent (5.0%) on an annual basis. If the Kaiser Bay Area premium rate increase is less than five percent (5.0%), the flex dollar allowance shall only increase the amount of the Kaiser Bay Area premium increase. In the event that the Kaiser Bay Area premium rate increase for the upcoming calendar year exceeds ten percent (10%) and is less than fifteen percent (15%), the City and the employee will split the cost of the increase above ten percent (10%) evenly; each paying 50% of the dollar value of the increase between 10-15%.

Upon the expiration of this resolution, the flex dollar allowances shall increase on the December 15th paycheck of each subsequent year up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the Kaiser Bay Area premium rate increase for the upcoming calendar year.

The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. This portion of the monthly flex dollar allowance is identified as the City’s contribution towards PEMHCA.

The balance of the monthly flex dollar allowance (after the PEMHCA minimum contribution) may be used in accordance with the terms of the cafeteria plan to purchase health benefits.

Conditional Opt-Out Payment: An employee may elect to waive the City’s health insurance coverage and receive the value of the Employee Only contribution as a monthly Opt-Out payment in accordance with the terms of the cafeteria plan, and the Affordable Care Act, if the employee complies with the following conditions:
1) The employee certifies that the employee and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a federal marketplace, a state exchange, or an individual policy. 2) During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the 3 employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal and/or California agency guidance.

Miscellaneous Allowance for Employees hired on or before January 1, 2009:

The City shall pay to employees hired on or before January 1, 2009, a miscellaneous allowance in an amount equivalent to the difference between the employee’s benefit election for coverage under PEMHCA and their flex dollar allowance, if their benefit election under PEMHCA exceeds their flex dollar allowance. The miscellaneous allowance shall be treated as income. An employee may use the miscellaneous allowance to pay for health coverage on a pre-tax basis as defined under the City’s Cafeteria plan.

2. Health Insurance for Retirees
MID-MANAGERS HIRED PRIOR TO APRIL 1, 2007
a. For Mid-Managers who retired before December 1, 2001, the City’s contribution to retiree medical premiums shall be the PEMHCA minimum contribution as designated by PEMHCA on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) up to $442 per month. The City‘s longevity contribution shall remain in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner. b. Mid-Managers who retired on or after December 1, 2001 from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael Mid-Management position (and who comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to receive upon retirement the PEMHCA minimum contribution as designated by PEMHCA on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage for the retiree, the retiree’s spouse/registered domestic partner and/or qualified dependent children (as defined by PEMHCA) capped at the contribution the City makes towards the health coverage of active Mid-Manager employees. The City‘s longevity contribution shall remain in effect during the lifetime of the Mid-Manager and Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.

As described in this subsection, the City shall reimburse retired Mid-Managers and their spouses or registered domestic partners the Medicare Part B standard premium amount as determined by the Centers of Medicare and Medicaid Services (CMS) on an annual basis.

To initiate reimbursement, retirees must submit proof of payment of the Medicare Part B premiums to the Human Resources Department. If the Medicare Part B is deducted from social security, the retiree/spouse/domestic partner may submit a copy of the social security check, the Medicare Part B bill, or other relevant documentation. Reimbursements will be processed on a quarterly basis. This reimbursement shall remain in effect for the retired 4 Mid-Manager’s life and that of the retired Mid-Manager’s spouse/registered domestic partner or surviving spouse/registered domestic partner.

MID-MANAGERS HIRED ON OR AFTER APRIL 1, 2007
Mid-Managers who are hired on or after April 1, 2007, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERA laws and regulations) are eligible to continue in the City’s group health insurance program.

The City’s contribution towards the coverage of retirees under this subsection (3.A.2.b.) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.

Longevity Payments: The City shall make a longevity payment equivalent to the difference between the PEMHCA minimum contribution and the premium cost of coverage, up to $600, for the retiree. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree’s spouse, registered domestic partner or dependents. The City‘s longevity contribution shall cease upon the retired Mid-Manager’s death.

The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse.

MID-MANAGER HIRED ON OR AFTER JANUARY 1, 2009
Mid-Managers who are hired on or after January 1, 2009, and who retire from the Marin County Employees Retirement Association (MCERA) within 120 days of leaving their City of San Rafael position (and comply with the appropriate retirement provisions under the MCERS laws and regulations) are eligible to continue in the City’s group health insurance program. The City’s contribution towards the coverage of retirees under this subsection (3.A.2.c) shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis.

The City shall not be responsible for reimbursing retired Mid-Managers and/or their spouses for any Medicare premiums paid by the retired Mid-Manager and/or the retired Mid-Manager’s spouse or surviving spouse.

The City shall additionally make available a retiree health care trust to enable these employees to prefund retiree health care premiums while employed by the City. The retiree health care trust shall be funded by the mandatory annual conversion of 80 hours of sick time in service on July 1 of each year, provided an employee has a remaining balance of 75 hours of sick leave after the conversion.

B. LIFE INSURANCE
The City shall provide a basic group life insurance plan in the amount of $300,000 at no cost to the employee.

C. LONG-TERM DISABILITY INSURANCE
The City shall provide long term disability (LTD) insurance, at no cost to the employee, with a benefit of two-thirds (2/3) of the employee’s monthly salary, up to a maximum benefit of $7,500 (reduced by any deductible benefits).

D. DENTAL INSURANCE
The City shall make available to employees, an additional flex dollar allowance equal to $113 per month to purchase dental coverage under the City’s dental plan. The City shall pay dental premiums on behalf of the employee and eligible dependents.
5 E. VISION PLAN
The City will contract for and pay for a vision plan for “employee plus dependent” vision benefits.

F. EMPLOYEE ASSISTANCE PLAN
The City provides an Employee Assistance Program (EAP) with confidential personal counseling on work and family related issues such as eldercare, substance abuse, etc. Supervisors may also utilize the EAP to refer employees to counselors for work related assistance.

G. STATE DISABILITY INSURANCE
Employees will have the full premium cost for State Disability Insurance (SDI) coverage automatically deducted from their paycheck and no City contribution will be made toward participation in the plan. It is incumbent upon the employee to keep the City advised of their medical status, within Health Insurance Portability and Accountability Act (HIPAA) guidelines, regarding their eligibility for SDI.

4. RETIREMENT
A. EMPLOYER PAID MEMBER CONTRIBUTION (EPMC)
Each Mid-Manager is responsible for paying the full cost of their employee contribution rate as established by the Marin County Employee Retirement Association.

Effective September 1, 2013, in accordance with MCERA and City administrative requirements, all Mid-Management employees will pay an additional contribution of one percent (1%) of pensionable compensation toward the normal cost of pension provided by the Marin County Employees Retirement Association, in addition to the current employee contribution towards pension as determined by MCERA.

The only employees excluded from this payment are long-term City employees with thirty or more years of City service who no longer have to pay any employee contribution to the Marin County Retirement System.

B. COLA
Mid-Managers participating in the Marin County Employee Retirement Association will pay their full share of members’ cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act.

Miscellaneous and safety member contribution rates include both the basic and COLA portions (currently 50% of the COLA is charged to members as defined in the 1937 Act).

C. RETIREMENT PLAN
The City shall provide the Marin County Employee Retirement Association 2.7% @55 retirement program to all miscellaneous Mid-Manager subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws. This is based on an employee’s single highest year of compensation.

Employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at the formula 2% at 55, calculated based on the average of their highest three years of compensation, in accordance with MCERA regulations. The annual pension adjustment shall be a maximum of 2% COLA.

Minimum retirement age is 55.

Employees hired by the City on or after January 1, 2013 who are defined as “new members” of MCERA in accordance with the Public Employees’ Pension Reform Act (PEPRA) of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The employee is responsible for paying the employee contribution of half of the total normal cost of the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based upon the highest annual average compensation earnable during the thirty-six (36) consecutive months of employment immediately 6 preceding the effective date of their retirement or some other period designated by the retiring employee.

D. SERVICE CREDIT FOR SICK LEAVE
Mid-Managers who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after 07/01/95 and within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit (incorporated from Resolution #9414, dated July 17, 1995), for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 5 A. of this Resolution). This provision will no longer be available to Mid-Managers hired after June 30, 2009.

E. MANAGEMENT ALLOWANCE
As of September 16, 2015, the Management Allowance of 4.54% was rolled into base pay for all Unrepresented Mid-Management employees.

F. DEFERRED COMPENSATION
The City will contribute one and six hundredths percent (1.06%) of pensionable compensation toward a City-provided deferred compensation plan.

5. LEAVES OF ABSENCE
A. SICK LEAVE
Mid-Managers shall earn sick leave credits at the rate of one (1) working day per month commencing with the date of employment. Accrued sick leave may be used during their probationary period.

Mid-Managers who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee, payment for unused sick leave (based upon the previously stated formula) shall be paid to the employee's designated beneficiary.

Mid-Managers may accrue unlimited sick leave for usage purposes. However, a maximum of one thousand, two hundred hours (1,200) accrual applies for cash-in purposes at the time of City separation.

Mid-Managers may use sick leave prior to completion of probation. In recognition of Mid-Managers’ exempt status under FLSA, time off for sick leave purposes shall not be deducted from a MidManager’s sick leave accrual, unless the employee is absent for the full work day.

Use of sick leave for work-related injuries or illnesses shall not be required when it is determined by the treating physician that this status is permanent and stationary.

B. VACATION LEAVE

1. Vacation Accrual - Vacation is accrued when an employee is on pay status and is credited on a semi-monthly basis. Eligible employees accrue vacation at the following rate for continuous service performed in pay status:

Years of service Leave Accrual rate/yearly
1-5 years 15 days
6 years 16 days
7 years 17 days
8 years 18 days
7 9 years 19 days
10 years 20 days
11 years 21 days
12 years 22 days
13 years 23 days
14 years 24 days
15 plus years 25 days
In recognition of Mid-Managers’ exempt status under FLSA, time off for vacation leave purposes shall not be deducted from a Mid-Manager’s vacation accrual unless the employee is absent for the full work day.

2. Administration of Vacation Leave
The City Manager may advance vacation leave to a Mid-Manager; prior approval is required.

Mid-Managers may accrue a maximum of 250 hours of vacation. Vacation leave accrual shall resume once the employee’s accumulated vacation leave balance falls below the accrual limit of 250 hours. Mid-Managers who terminate their employment shall be paid in a lump sum for all accrued vacation leave earned prior to the date of termination. Mid-Managers may not utilize accrued vacation, administrative leave time, or personal leave time to extend their retirement date and service credit at the end of their city service. The vacation accrual may be increased to a maximum of 300 hours at the discretion of the City Manager.

3. Annual Option for Payment of Accrued Vacation Leave
A Mid-Manager who has taken at least ten (10) days of vacation in the preceding twelve (12) months, may request that their accrued vacation, not to exceed fifty-two and 1/2 (52.5) hours, be paid to them in cash. The request may be granted at the discretion of the City Manager. MidManagers may not cash-in more than fifty-two and 1/2 (52.5) hours within any twelve (12) month period.

C. ADMINISTRATIVE LEAVE
Mid-Managers shall receive ten (10) Administrative Leave days (75 hours) each calendar year subject to the approval of the Department Director and the City Manager. An additional three (3) days may be granted at the discretion and with approval of the department director and the City Manager. Unused Administrative Leave shall not carry over from one calendar year to the next, nor shall unused Administrative Leave balances be paid to a Mid-Manager upon their resignation.

In recognition of exempt status under FLSA time off for Administrative leave purposes shall not be deducted from a Mid-Manager’s administrative leave accrual, unless the employee is absent for the full work day.

D. HOLIDAYS
City shall provide twelve designated holidays and one (1) floating holiday per calendar year to MidManagers. The hours for the floating holidays are automatically added to an employees’ vacation accrual on a semi-annual basis.

In order to be eligible for compensation for the paid holiday, the employee must both be in paid status on the day before the holiday and on the day after the holiday.

All employees who are required to work on a day designated as an authorized holiday, other than a day on which an election is held throughout the state, shall be paid at the applicable rate of pay for the number of hours actually worked.

City paid holidays, and the days on which holidays are observed, are outlined in the annual holiday schedule.
8 E. BEREAVEMENT LEAVE
In the event of the death of a Mid-Manager’s spouse, registered domestic partner, child, parent, sibling, parent in-law(s), grandchild, grandparent, relative who lives or has lived in the home of the employee, to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee’s household, up to a maximum of five (5) days may be granted for paid bereavement leave. All bereavement leave must be exhausted within 3 months of the date of the death of the family member and may be taken intermittently.

In those cases where the death involves an individual who had such a relationship with the employee, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the City Manager as part of the request for bereavement leave. Directors may make a request to the City Manager, to use bereavement leave for a relative other than those listed above.

The above bereavement clause shall also apply in the event of a reproductive loss for an employee. The City agrees to maintain employee confidentiality related to the reproductive loss leave.

F. CATASTROPHIC LEAVE
All Mid-Managers shall abide by the City’s Catastrophic Leave Policy.

G. PAID PARENTAL LEAVE
Effective July 1, 2024, any employee who has been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for Paid Parental Leave (PPL) to use within 12 months of the following eligible events:

1. Birth of a child of the employee, the employee’s spouse, or the employee’s registered domestic partner.

2. Placement of a child with the employee for adoption.

For the purposes of PPL, the definition of “parent” and “child” are as defined by the California Family Rights Act.

Benefit and Use:

1. Eligible employees shall be granted 300 PPL hours to use within 12 months of the qualifying event for the purposes of disability due to pregnancy and/or baby bonding. Regular part-time employees shall be eligible for a prorated number of PPL hours, based on scheduled and budgeted FTE.

2. PPL is based on a 12-month rolling calendar. No more than 300 PPL hours may be used in any 12- month period. PPL may not be used or extended beyond the 12-month time frame and any accrued and unused PPL will be forfeited at the end of the 12-month period for the qualifying event.

3. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused PPL for which they were eligible.

4. PPL is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.

5. PPL shall be used in a block of continuous time or on an intermittent or reduced schedule.

Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

6. PPL shall run concurrently with FMLA/CFRA and with PDL as set forth in paragraph 7, below.

Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule. 9 7. Pregnancy Disability Leave (PDL): An eligible employee on PDL must reduce their sick leave balance to 40 hours or less to use PPL concurrently with PDL. An eligible employee is not required to further reduce their balance once they have reached the initial threshold of 40 hours or less.

Coordination of Benefits & Leaves:
• PPL taken under this policy will run concurrently with leave under the FMLA, CFRA, and PDL once the eligible employee’s sick leave balance is reduced to 40 hours or less. • PPL will be fully integrated with any short-term disability or California Paid Family Leave program but shall not exceed one hundred percent (100%) of the employee’s normal gross salary rate.
• The use of Short-Term Disability (STD) and Paid Family Leave (PFL) will not reduce available hours under the PPL leave entitlement.
• For time covered by FMLA/CFRA job protected leave for baby bonding purposes, PPL must be used prior to other accrued leave or unpaid leave except as discussed in number 7 above. • If an employee has exhausted FMLA/CFRA entitlements for reasons other than baby bonding, PPL must be used prior to other accrued leaves or Leave Without Pay for arranged leaves for the purpose of baby bonding. Scheduling of non-FMLA/CFRA protected PPL is subject to department approval.
• An employee who is eligible for PPL but is on leave for other reasons cannot use PPL except as described in paragraph 7 above.

F. END OF LIFE CARE LEAVE
Eligibility:

Effective July 1, 2024, employees who have been continuously employed by the City for at least 12 months prior to the start of the leave shall be eligible for End of Life Care leave to provide end of life care for an immediate family member, which shall include an employee’s spouse, registered domestic partner, child, parent, sibling, parent, parent in-law(s), grandparent, or grandchild.

End of Life care may be used to provide support, assistance and care to an immediate family member, as defined above, who is receiving end of life services through hospice or a medical facility.

Benefit and Use:

1. Eligible employees shall receive 80 hours of End of Life Care leave to be used during their employment with the City for use to support an immediate family member near the end of life, as described above.

2. Upon termination of the employee’s employment at the City, they will not be paid for any accrued and unused End of Life Care leave for which they were eligible. Further, if an employee leaves City employment and returns to City service later in their career, the employee shall receive any unused hours from their previous employment with the City but shall not be granted any additional hours of for End of Life Care Leave.

3. End of Life Care leave is based on the employee’s regularly scheduled hourly base wage. It is considered “paid status” for the purpose of merit, seniority, benefit premium contributions, retirement service credit, vacation and sick leave accrual, and City benefit eligibility and contributions.
10 4. End of Life Care leave shall be used in a block of continuous time or on an intermittent or reduced schedule. Intermittent leaves or reduced schedules must be arranged and approved by the employee’s supervisor in advance.

5. End of Life Care shall run concurrently with FMLA/CFRA. Eligible employees will be reinstated to the same or equivalent position in accordance with FMLA/CFRA protections. This may include altered assignments to accommodate the department’s operational needs when the employee is working a reduced work schedule.

6. An employee who is eligible for End of Life Care Leave but is on leave for other reasons cannot use PPL except as described in paragraph 5 above.

6. EMPLOYMENT TERMS
A. HOURS OF WORK
The WORK WEEK will reflect thirty-seven and one-half (37.5) hours for all job classes. Unless otherwise designated, the normal business hours for vacation, sick and administrative leave deduction and sick and administrative leave accrual purposes for Mid-Managers shall be 7.5 hours per day.

B. DRUG FREE WORK PLACE
All Mid-Managers shall abide by the City’s Drug and Alcohol Policy.

C. FURLOUGH PLAN
Mid-Managers endorse the Furlough Program described in Exhibit B attached to this Resolution.

D. PAY FOR PERFORMANCE EVALUATION SYSTEM
Mid-Managers shall be evaluated annually based upon the evaluation program adopted by the City Council in October of 1996 and incorporated by reference herein.

E. OUTSIDE EMPLOYMENT
All Mid-Managers shall abide by the City’s Outside Employment Policy.

F. CITY VEHICLE
Under limited circumstances, a city vehicle may be provided to a Mid-Manager if it is determined to be needed to complete his/her job duties and upon approval of the City Manager.

G. UNIFORM ALLOWANCE
If required to wear a uniform which is not provided by the City, employee shall receive an annual uniform allowance of $545 per year, paid in two installments, in June and December.

H. GYM REIMBURSEMENT
Employees are eligible to receive up to $16.50 per month reimbursement for all eligible health and wellness expenses as follows: preventative medical examinations (minus any amount paid by a private insurance plan), paid health or gym club memberships, licensed weight loss facility memberships, physical therapy sessions, smoking cessation programs, wellness counseling, acupuncture, or meditation programs. Such reimbursement shall be reported as taxable income to the employee.

I. PROFESSIONAL DEVELOPMENT
The City Manager commits to working with each department’s management team to establish dedicated professional development time throughout the year.

J. OUT OF CLASS COMPENSATION
Employees assigned in writing by their Department Director to perform additional duties of a higher paid classification shall be compensated at a rate not less than 5% greater than the employee's 11 current base salary. Eligibility for out-of-class compensation requires a minimum assignment of ten (10) consecutive days.

The out-of-class pay becomes effective on the first day of the assignment. If the assignment extends beyond four consecutive weeks, then the employee shall be compensated at the lower step of the classification within which the duties fall if that is greater than 5% of the employee’s base pay. The Department Director is required to complete a Personnel Action Report (PAR), to initiate out-of-class compensation.

K. BILINGUAL PAY
Within the job classifications specified in this resolution an employee may receive bilingual pay for full fluency in a foreign language.

Full fluency is defined as a skill level that will allow the employee to fully assist someone else who does not speak English in coping with situations or problems by translating for, conversing with and/or reading or writing written material.

An employee can petition their Department Director for this bilingual pay incentive. With the Department Director’s recommendation and on review by the Human Resources Director and approval of the City Manager the employee may begin to receive this bilingual pay incentive.

Criteria for approval of the bilingual pay incentive by the City Manager includes:
a. Certification by a recognized school of the appropriate skill level; and/or b. Demonstrated ability of the proficiency level on the job; and c. Department Director’s recommendation and statement that the bilingual skill of the employee can be of value to the department and the employee in the completion of their regular work assignments.

Employees who have been approved for the bilingual pay incentive and are required in the performance of their duties to converse with the public in a language other than English shall receive an additional $200.00 per month above their base salary.

Employees who also translate official written documents to or from a language other than English shall receive an additional $50.00 for a total of $250.00 per month above their base salary.

This bilingual pay incentive shall be reviewed annually and as long as the employee demonstrates (by work experience or re-testing, as determined by the City of San Rafael) the full fluency skill level; and as long as the Department Director indicates the value of this skill to the department and the employee in the completion of their regular work assignments.

Removal of the bilingual pay incentive would be considered a non-disciplinary action however removal of bilingual pay is appealable to the Human Resources Director. The determination of the Human Resources Director is not subject to any appeal/grievance procedure.

L. AT WILL STATUS
All positions covered by this resolution are at-will and as such serve at the pleasure of the appointing authority and may be removed at any time without cause and without right of appeal.

M. SEVERANCE
Except employees who have committed an abuse of office or position as defined by Government Code Section 53243.4 or committed a violation of the Fair Employment and Housing Act, an Unrepresented Executive Management employee who is involuntarily separated shall receive severance pay in a lump sum equal to the following, provided they sign a settlement and general release provided by the City:
12 • 1 year of service = two months of salary and two months of COBRA health insurance. • 2 years of service = three months of salary and three months of COBRA health insurance.
• 3 years of service = four months of salary and four months of COBRA health insurance. • 4 years of service = five months of salary and five months of COBRA health insurance. • 5 or more years of service = six months of salary and six months of COBRA health insurance.

I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 21st day of June 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________

LINDSAY LARA, CITY CLERK

EXHIBIT A
Grade Position A B C D E
7315 Accounting Manager $ 10,785 $ 11,324 $ 11,891 $ 12,485 $ 13,109 1105 Deputy City Attorney I $ 11,504 $ 12,079 $ 12,683 $ 13,317 $ 13,983 1109 Deputy City Attorney II $ 12,683 $ 13,318 $ 13,983 $ 14,683 $ 15,417 7127 Deputy Fire Chief $ 15,689 $ 16,474 $ 17,298 $ 18,162 $ 19,071 2107 Human Resources Operations Manager $ 10,463 $ 10,986 $ 11,536 $ 12,113 $ 12,718 2143 Principal Human Resources Analyst $ 10,463 $ 10,986 $ 11,536 $ 12,113 $ 12,718

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2024

EXHIBIT A
Grade Position A B C D E
7315 Accounting Manager $ 11,432 $ 12,004 $ 12,604 $ 13,234 $ 13,896 1105 Deputy City Attorney I $ 12,136 $ 12,743 $ 13,380 $ 14,049 $ 14,752 1109 Deputy City Attorney II $ 13,381 $ 14,050 $ 14,753 $ 15,490 $ 16,265 7127 Deputy Fire Chief $ 16,788 $ 17,627 $ 18,508 $ 19,434 $ 20,406 2107 Human Resources Operations Manager $ 11,091 $ 11,646 $ 12,228 $ 12,839 $ 13,481 2143 Principal Human Resources Analyst $ 11,091 $ 11,646 $ 12,228 $ 12,839 $ 13,481

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2025

EXHIBIT A
Grade Position A B C D E
7315 Accounting Manager 12,118$ 12,724$ 13,360$ $ 14,028 $ 14,730 1105 Deputy City Attorney I 12,743$ 13,380$ 14,049$ $ 14,752 $ 15,489 1109 Deputy City Attorney II 14,050$ 14,753$ 15,490$ $ 16,265 $ 17,078 7127 Deputy Fire Chief 17,963$ 18,861$ 19,804$ $ 20,794 $ 21,834 2107 Human Resources Operations Manager 11,757$ 12,344$ 12,962$ $ 13,610 $ 14,290 2143 Principal Human Resources Analyst 11,757$ 12,344$ 12,962$ $ 13,610 $ 14,290

SAN RAFAEL UNREPRESENTED MID-MANAGEMENT

SALARY SCHEDULE
Effective July 1, 2026

MID-MANAGEMENT SALARY
RESOLUTION EXHIBIT "B"