4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at alternate locations acceptable to the community development director.
In approving the application for an administrative permit for a temporary use, the community development director may impose conditions that are deemed necessary to ensure the permit will be in accordance with the required findings and standards.
E. Standards. The applicant shall provide information to show that the following standards have been satisfactorily addressed:
1. Temporary Parking Facilities. Appropriate traffic control measures and adequate temporary parking facilities, including vehicular ingress and egress, shall be provided to the satisfaction of the city public works department and the police department.
2. Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat shall be provided to the satisfaction of the community development department, planning division.
3. Site Issues. The placement, height and size of temporary buildings, structures and equipment shall be reviewed by the community development department, planning division for consistency with base district regulations and other zoning ordinance requirements.
4. Sanitary/Medical Facilities. Sanitary and medical facilities shall be provided to the satisfaction of the county health department.
5. Trash/Litter Control. Adequate measures shall be taken for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the community development department, planning division.
6. Signs. Any proposed signage for the temporary use shall comply with Chapter 14.19, Signs, to the satisfaction of the community development department, planning division.
7. Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses and neighborhood to the satisfaction of the community development department, planning division.
8. Performance Bonds. A performance bond or other security deposit shall be submitted to the city finance department to assure that any temporary facilities are removed from the site within a reasonable timeframe following the event and that the property is cleaned up and restored to its former condition.
9. Public Safety. Security and public safety measures shall be provided, including traffic control measures if needed, to the satisfaction of the police department.
10. Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with Marin County Health Department standards and permit requirements.
11. Other. Other conditions may be required as needed to ensure the proposed temporary use is managed and operated in an orderly and efficient manner and in accordance with the intent and purpose of this section.
(Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 62, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014) Title 14 - ZONING*
Division IV - REGULATIONS APPLYING IN ALL OR SEVERAL DISTRICTS Chapter 14.18 PARKING STANDARDS
4891-1508-9091 v1
San Rafael, California, Code of Ordinances Created: 2024-01-05 11:50:29 [EST] (Supp. No. 36, Update 2)
Chapter 14.18 PARKING STANDARDS
14.18.010 Specific purposes.
In addition to the general purposes listed in Section 14.01.030, the specific purposes of parking regulations are to:
A. Promote the safety and convenience of all land use and circulation systems within the city by providing standards and policies for the creation and maintenance of vehicular off-street parking and loading; B. Promote more efficient street systems by reducing to a minimum the congestion which may be created by uncontrolled parking;
C. Promote the continued health and vitality of all land uses by providing reasonable satisfaction for normal parking demands;
D. Promote compatibility among adjacent land uses and enhance the appearance of the city through appropriate design and aesthetic standards related to parking; E. Ensure that off-street parking and loading facilities are provided for new land uses and for major alterations and enlargements of existing uses in proportion to the need for such facilities created by each use;
F. Establish parking standards for commercial and industrial uses consistent with need and with the feasibility of providing parking on specific commercial and industrial sites; G. Ensure that off-street parking and loading facilities are designed in a manner that will ensure efficiency, protect the public safety and, where appropriate, insulate surrounding land uses from adverse impacts; H. Acknowledge the unique conditions in the downtown mixed use district, where there are a variety of land uses and parking facilities, including a downtown parking district. (Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). (Ord. No. 1964 , § 2(Exh. B) § 20, 11-19-2018; Ord. No. 1996 , div. 2(Exh. A, 8.1), 8-16-2021)
14.18.020 Applicability.
A. Off-street parking, loading and bicycle facilities shall be provided for any new building constructed and for any new use established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which the use is conducted that would result in additional spaces being required, subject to the provisions of this chapter.
B. Provisions of this chapter shall apply uniformly throughout the city according to specific land usage and shall be without regard to zoning district classification.
C. Parking areas may be reconfigured in compliance with the provisions of this chapter only.
D. The provisions of this chapter are applicable to properties with the downtown mixed use district except for provisions specific to: 1) parking requirements; 2) the downtown parking district; and 3) parking lot screening and landscape standards. For these parking provisions, refer to the Downtown San Rafael Precise Plan FormBased Code, which adopted by separate ordinance and incorporated herein by reference. 4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
(Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, § 64, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 8.2), 8-16-2021)
14.18.030 Computation.
If, in the application of the requirements of this chapter, a fractional number is obtained, one (1) parking space or loading berth shall be required for a fraction of one-half (½) or more, and no space or berth shall be required for a fraction of less than one-half (½).
(Ord. 1625 § 1 (part), 1992).
14.18.040 Parking requirements.
A. Off-street parking shall be provided in accord with the following chart. Where the specific use in question is not listed, the community development director shall determine if another similar use exists which may be used to select an appropriate parking standard. In order to make this determination, the community development director may require the submission of survey data from the applicant or collected by the community development department, planning division at the applicant's expense. Parking surveys conducted for this purpose shall be subject to the review and recommendation by the department of public works.
B. Parking Modification. The parking requirement for any specific use listed may be modified so as to provide adequate parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification may also include reduction in parking ratios for businesses in the downtown zoning districts that allow the use of private parking facilities to be used for public parking during evening or weekend hours.
Parking modifications shall require an application for a use permit and shall be subject to review by the community development director and public works director, and approval by the zoning administrator.
C. For properties located within the downtown mixed use district and Downtown parking district, refer to the Downtown San Rafael Precise Plan Form-Based Code for off-street parking standards, which is adopted by separate ordinance and incorporated herein by reference.
D. In addition to the off-street parking requirements listed below, off-street loading and unloading shall be provided for certain uses in accord with Section 14.18.050, Off-street loading and unloading.
E. Off-street parking is not required for FAR increases up to ten percent (10%) of the building or seven hundred fifty (750) square feet, whichever is larger, as granted under Section 14.16.150(G)(1)(b).
F. Operation. As specified in the Downtown San Rafael Precise Plan Form-Based Code adopted by separate ordinance, parking in the downtown mixed use district may be operated to serve the uses for which the parking was approved, or may be shared with other uses in the downtown mixed use zoning district, and/or be made available to the public, subject to a use permit for parking modifications.
Table 14.18.040
Use Classification Off-Street Parking Required Additional Standards Residential See Section
14.16.282.C.2. for parking
requirements for SB 9
Housing Developments
Single-family residential 2 covered spaces per unit.
Single-family residential,
hillside
On streets less than 26 feet wide, a minimum of two
additional on-site parking spaces shall be provided
(not on the driveway apron) per unit. These spaces
should be conveniently placed relative to the dwelling
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
(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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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.
3. Parking facilities shall support bicycles in a stable position. 4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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:
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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′).
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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.
(Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). 4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
San Rafael, California, Code of Ordinances Created: 2024-01-05 11:50:30 [EST] (Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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.
7. Brightness Sensors: Electronic message signs shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim 4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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:
4891-1508-9091 v1
Created: 2024-01-05 11:50:29 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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:
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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,
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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;
M. Signs surfaced with or made of fluorescent paint or material; 4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
San Rafael, California, Code of Ordinances Created: 2024-01-05 11:50:33 [EST] (Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:30 [EST]
(Supp. No. 36, Update 2)
(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:
A. That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located; 4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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.
In approving a variance the zoning administrator or planning commission may impose reasonable conditions. 4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
(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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
(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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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.
2. Minimum aisle width may be reduced, subject to review by the traffic engineer. Aisle width exceptions shall only be allowed where such decrease will not create a hazardous traffic 4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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;
4891-1508-9091 v1
Created: 2024-01-05 11:50:31 [EST]
(Supp. No. 36, Update 2)
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:
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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)
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
* 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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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.
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
San Rafael, California, Code of Ordinances Created: 2024-01-05 11:50:32 [EST] (Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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)
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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).
4891-1508-9091 v1
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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
Created: 2024-01-05 11:50:32 [EST]
(Supp. No. 36, Update 2)
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:
4891-1508-9091 v1
Created: 2024-01-05 11:50:33 [EST]
(Supp. No. 36, Update 2)
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.
SUMMARY OF ORDINANCE NO. 2039
AN ORDINANCE AMENDING TITLE 2 – ADMINISTRATION OF THE SAN
RAFAEL MUNICIPAL CODE TO ADD DESIGN PROFESSIONALS TO THE
PLANNING COMMISSION MEMBERSHIP COMPOSITION, AND AMEND TITLES 14 – ZONING, AND 15 - SUBDIVISIONS OF THE SAN RAFAEL MUNICIPAL
CODE, TO DISSOLVE THE DESIGN REVIEW BOARD AND TRANSFER
EXISTING DUTIES OF THE DESIGN REVIEW BOARD TO THE PLANNING
COMMISSION, OR ZONING ADMINISTRATOR, OR DIRECTOR OF COMMUNITY
AND ECONOMIC DEVELOPMENT
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2039 which will amend Titles 2, 14, and 15 of the City of San Rafael Municipal Code to dissolve the Design Review Board and transfer existing duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development. Ordinance No. 2039 is scheduled for adoption by the San Rafael City Council at its regular meeting of July 15, 2024. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would amend the San Rafael Municipal Code by amending Titles 2, 14, and 15 to dissolve the Design Review Board and transfer existing duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development.
This Ordinance would modify Title 2 to dissolve the Design Review Board and modify the composition of the Planning Commission by adding two (2) alternate members (who both must reside within City limits and be licensed architects) eligible to vote when serving in the absence of the Planning Commission’s regular members.
Additionally, the Ordinance would require that at least one (1) at-large Planning Commission member must be a licensed architect and at least one (1) at-large member must be a design professional, as defined.
The Ordinance would modify Title 14 to address 37 references to the Design Review Board and reassign the Design Review Board’s authorities to the Director of Economic and Community Development (the “Director”), the Zoning Administrator, or the Planning Commission. Lower-level minor review authorities would be reassigned to the Director or Zoning Administrator, while major, higher-level review authority would be reassigned to the Planning Commission. The Environmental Design Review procedures in Chapter 14.25 would be modified in that the Conceptual Review portion of the Major Environmental Design Review permit and the Streamlined Review of Certain Residential Projects, currently handled by the Design Review Board, would both be removed in their entirety, as these matters would instead be considered by the Planning Commission.
The Ordinance would modify Title 15 to remove three references to the Design Review Boad.
For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk’s Office at [email protected] or by phone at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays by appointment only.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: 07/05/24
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.e
Meeting Date: July 15, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: PLANNING COMMISSION BYLAW AMENDMENT
SUBJECT: RESOLUTION AMENDING THE PLANNING COMMISSION’S BYLAWS RECOMMENDATION:
Adopt a resolution amending the Planning Commission’s Bylaws.
BACKGROUND:
On June 21, 2024, the City Council introduced an Ordinance Amending Titles 2 – Administration of the San Rafael Municipal Code to Add Design Professionals to the Planning Commission Membership Composition, and Amend Titles 14 – Zoning, and 15 - Subdivisions of the San Rafael Municipal Code, to Dissolve the Design Review Board and Transfer Existing Duties of the Design Review Board to the Planning Commission, or Zoning Administrator, or Director of Community and Economic Development.
The second reading of this ordinance is also on the agenda for the July 15th City Council meeting. If approved, the bylaws need to be amended to incorporate the changes reflected in the ordinance.
ANALYSIS:
Staff recommends adoption of the attached resolution amending the Planning Commission Bylaws to incorporate the changes reflected throughout the ordinance that was introduced by the City Council at their meeting on June 21, 2024, and subsequently added to the agenda to be considered for adoption on July 15, 2024. The only proposed changes to the bylaws (highlighted in the Bylaws) are those that have been previously introduced to the City Council through the proposed ordinance amending Titles 2, 14 and 15, which effectively consolidate the Design Review Board functions into the Planning Commission; thereby adding two new Alternate Member seats to the Planning Commission.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENTS:
1. Resolution with Amended Bylaws
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING BYLAWS OF THE PLANNING COMMISSION
WHEREAS, amendments to the Planning Commission bylaws shown in Exhibit A attached hereto are recommended by staff and incorporate the recent changes made to the Planning Commission’s scope and responsibilities with regard to the consolidation of the design review board and the planning commission.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby amends the Planning Commission Bylaws as more particularly set forth in Exhibit A (additions in underline.) 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 City Council of the City of San Rafael, held on Monday, the 15th day of July 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
LINDSAY LARA, City Clerk
EXHIBIT A: PLANNING COMMISSION BYLAWS
Planning Commission Bylaws
PLANNING COMMISSION BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Planning Commission, hereinafter referred to as the “Commission.” Section 1.2. Purpose. The purpose of the Commission to make decisions or advise the Council on land use and property development issues. The Commission assures that new development is consistent with our long-range General Plan, State laws and other public policies that advance the interests of our community.
Section 1.3. Committee Responsibility. The Commission’s authority is decisionmaking.
It shall be the function and duty of the planning commission to act as a decision-making body on matters including, but not limited to:
• Major subdivisions as delegated to the planning commission under Title 15 of this Code.
• Conditional use permits delegated to the planning commission. • Environmental and design review permits delegated to the planning commission. • Appeals made by a lower body and appealed to the planning commission. • Other matters including physical improvements, or environmental and design permits referred by the community development direction to the planning commission pursuant to powers and duties set forth in the Municipal Code.
It shall be the function and duty of the planning commission to act as an advisory body to the city council on legislative matters related to but not limited to the following:
• General plan updates and amendments.
• Zoning text and zoning map amendments.
• Other land use matters requiring city council action.
It shall be the duty of the members of the planning commission to inform themselves on matters affecting the functions and duties of the commission and all planning matters, and, to that end, they may attend training and planning conferences and the reasonable traveling expenses incidental to the attendance shall be charged upon the funds allocated to the commission.
The planning commission shall provide professional design analysis, evaluation and judgment as to the appropriateness of development proposals for the use and setting and to recommend approval, approval with conditions, redesign or denial based on design standards and findings of approval adopted by the city council.
Planning Commission Bylaws
The planning commission shall endeavor to promote public interest and understanding of plans developed, and the regulations relating thereto. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be a public record.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Commission shall consist of a total of nine (9) members. Seven (7) regular voting members and two (2) alternate members as follows:
- District 1 Representative
- District 2 Representative
- District 3 Representative
- District 4 Representative
- At-large Member
- At-large Member (Design Professional)
- At-large Member (Licensed Architect)
- At-large Alternate Member (Licensed Architect)
- At-large Alternate Member (Licensed Architect)
Section 2.2. Eligibility. The commission shall be composed of seven (7) regular voting members, comprised of one (1) commissioner from each of the city's four (4) city council electoral districts, and three (3) at-large commissioners.
Requirements for eligibility:
1. District representatives: Each district representative must reside in the district they represent.
2. At-large members: Must reside in city limits. At least one (1) at-large member shall be a licensed architect and at least one (1) at-large member shall be a design professional.
”Design professional” means an architect, engineer, landscape architect, building designer, urban designer, urban planner, or other similar design specialist. They may, but are not required to, be licensed or registered in their related field.
In addition, the commission shall include two (2) alternate members who shall be eligible to vote when serving in the absence of any of the commission’s regular voting members.
Both alternate members shall reside in city limits and be licensed architects.
Section 2.3. Term Limits. Members of the Committee shall be limited to three (3) consecutive four-year terms. Additional terms may be served if there is a break between terms.
Planning Commission Bylaws
Section 2.4. Absence and Removal. An unexcused absence from two (2) consecutive Commission meetings without notification to the Staff Liaison shall be considered a voluntary resignation from the Commission. Previously dismissed Commission members may be eligible for reappointment to the Commission.
Section 2.5. Compensation. Commissioners may apply for stipends through the Stipend Program at $50 per month, not to exceed $600 per year per member.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website.
Regularly scheduled Commission meetings shall be the second and fourth Tuesday of each month, but these dates may be impacted by holidays. A schedule shall be approved annually by the Commission. The Commission shall meet once per month and shall be scheduled annually. The schedule for the upcoming year will be set by December of the previous year.
____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager, Sustainability Division
Prepared by: Cory Bytof
Sustainability Program Manager
City Manager Approval: ___
TOPIC: ACCEPTANCE OF GRANT FROM MARIN COMMUNITY FOUNDATION SUBJECT: RESOLUTION ACCEPTING THE GRANT OF FUNDS FROM THE MARIN
COMMUNITY FOUNDATION FOR A TWO-YEAR CLIMATE JUSTICE AND
ENGAGEMENT MANAGER AND APPROPRIATING FUNDS IN THE AMOUNT OF $297,960
RECOMMENDATION: Adopt a resolution accepting the grant of funds from the Marin Community Foundation for a two-year Climate Justice and Engagement Manager and appropriating funds in the amount of $297,960.
BACKGROUND:
The City of San Rafael is committed to fostering a vibrant, equitable, and sustainable community for all residents. This is reflected in City Goals and Objectives, specifically in the Policy Focus Areas, which include: 1. Economic Growth, 2. Sustainability, Climate Change, and Disasters, 3. Diversity, Equity, Inclusion, and Belonging, and 4. Housing and Homelessness. Funding for these initiatives comes from a variety of sources, including the General Fund, State and Federal sources, and grants.
City staff are continually researching and applying for funding to achieve these bold initiatives.
ANALYSIS:
Earlier this year the Marin Community Foundation launched a Climate Justice Initiative grant program.
The purpose of these grant funds is to advance equitable and just climate resilience in Marin County.
This is a primary focus of the work being conducted in the City’s Sustainability division, particularly as it applies to sea level rise adaptation planning efforts in the Canal neighborhood. Numerous other projects are being conducted in the Canal neighborhood simultaneously by several City departments and other agencies as well. These include work related to housing, broadband access, lighting and public safety, and the Priority Development Area planning, among many others. Local communitybased organizations have been requesting that the City approach the work and requisite community engagement in a strategic and efficient manner so as not to create confusion, engagement fatigue, or inadvertently create an extractive process that does not center the needs and desires of local residents.
After conferring with the City Manager’s Office and other departments to confirm needs and scope, Agenda Item No: 4.f
Meeting Date: July 15, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
the City applied for the spring cycle of Marin Community Foundation’s Climate Justice Initiative and was recently awarded the grant. The grant would be used to hire or contract with an individual for a two-year term to coordinate the various departments and ensure that engagements are coordinated and conducted in the most equitable and efficient way possible. In addition, this position would be able to identify core climate justice principles and ensure they were “baked in” to all major projects in the Canal neighborhood as they are implemented, as opposed to “sprinkled on” after the fact. These include commitments to social and economic equity, sustainability, climate resilience, and local workforce development.
If accepted, the work should be completed by October 2026. See Attachment 2 for the grant application, narrative, timeline and budget, and Attachment 3 for the draft grant agreement. The Climate Justice and Engagement Manager would work closely with the City’s Civic Engagement Manager and would coordinate with community partners and outside agencies.
FISCAL IMPACT: If the grant is accepted, funds would be appropriated in the City’s Grant Fund (283) Project #21173 in the amount of $297,960.
OPTIONS:
The City Council has the following options to consider relating to this item:
1. Adopt the resolution as presented.
2. Adopt the resolution as amended.
3. Direct staff to return with additional information.
RECOMMENDED ACTION:
Adopt a resolution accepting the grant of funds from the Marin Community Foundation for a two-year Climate Justice and Engagement Manager and appropriating funds in the amount of $297,960.
ATTACHMENTS:
1. Resolution
2. Grant Application for MCF Climate Justice
3. Grant Agreement
RESOLUTION NO.
RESOLUTION ACCEPTING THE GRANT OF FUNDS FROM THE MARIN COMMUNITY
FOUNDATION FOR A TWO-YEAR CLIMATE JUSTICE AND ENGAGEMENT MANAGER AND APPROPRIATING FUNDS IN THE AMOUNT OF $297,960
WHEREAS, the Marin Community Foundation is providing grant funding to local jurisdictions and nonprofit entities through their Climate Justice Initiative Spring 2024 Cycle for Advancing Equitable and Just Climate Resilience in Marin County; and WHEREAS, the City of San Rafael applied for and was notified on May 29, 2024 that it had been selected to receive grant funds in the amount of $297,960; and WHEREAS, the City of San Rafael has numerous projects in and around the Canal neighborhood that require extensive community engagement and planning; and WHEREAS, this grant funding will allow the City to hire a two-year Climate Justice and Engagement Manager to coordinate the various projects and ensure cross-departmental collaboration and prioritization of climate justice needs related to sustainability, social equity, community resilience, workforce development, and adaptive infrastructure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby:
1. Accepts the award of grant funding from the Marin Community Foundation to hire a twoyear Climate Justice and Engagement Manager to coordinate across departments.
2. Agrees to be bound by all terms and conditions of the grant agreement as may be required by the Marin Community Foundation and as may be necessary to fulfill the terms of the grant agreement and to complete the project.
3. Authorizes the City Manager or their designee to act as a representative of the City, to negotiate and execute on behalf of the City all agreements and instruments necessary to complete the project and to comply with the Marin Community Foundation grant requirements, including, without limitation, the grant agreement.
4. Appropriates funds in the amount of $297,960 from Project # 21173 to be spent on the grant work plan agreed upon with the funder.
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 San Rafael City Council held on the 15th day of July 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
LINDSAY LARA, City Clerk
Marin Community Foundation Climate Justice Initiative Spring 2024 Cycle City of San Rafael Grant Application, March 20, 2024
The Canal
Located south of the San Rafael Canal, the Canal neighborhood is a vibrant community boasting a population of 12,000 residents, with a density surpassing that of San Francisco's Mission District. Primarily inhabited by Latinx immigrants from Guatemala, El Salvador, Mexico, and Honduras, also including a Vietnamese-American community, this community is rich in cultural traditions, fostering strong networks and a drive for economic self-sufficiency. Over 82 percent of employed Canal workers commute to jobs within Marin County, playing a significant role in the local economy.
However, alongside its vibrancy, the neighborhood grapples with significant social and economic challenges. Despite relatively high employment rates, nearly one-third of residents live below the federal poverty line. Over two-thirds of occupied housing units are deemed "overcrowded" by Census standards. Housing affordability has become a pressing issue, heightening the risk of displacement with limited relocation options. Compounding these challenges is the vulnerability to sea-level rise due to the area's low elevation, further exacerbating existing concerns.
Narrative for Grant Proposal: Climate Justice and Engagement Manager The City of San Rafael is committed to fostering a vibrant, equitable, and sustainable community for all residents. This is reflected in City Goals and Objectives, specifically in the Policy Focus Areas, which include: 1. Economic Growth, 2. Sustainability, Climate Change, and Disasters, 3. Diversity, Equity, Inclusion, and Belonging, and 4. Housing and Homelessness.
Currently, numerous projects in and around the Canal Neighborhood require community engagement and effective planning across departments, but the City lacks the resources to conduct this coordination. These projects include a Priority Development Area, utility and infrastructure upgrades, parking policies, various projects related to waste management, Pickleweed Park Improvement Project, various transportation projects, a community-led sea level rise study, a broadband project, and community initiatives such as the Marin Climate Justice Collaborative and neighborhood plan development. To effectively address the complex challenges faced by our diverse population, including the Canal Neighborhood, we seek funding to establish a new, two-year fixed-term position, a Climate Justice and Engagement Manager.
This position will be pivotal in coordinating department efforts to ensure that the many current and ongoing projects focused in and around the Canal Neighborhood prioritize community engagement, equity, resilience, and sustainability as they are planned and implemented.
1. Community Engagement and Equity:
One of the core responsibilities of the Climate Justice and Engagement Manager is to facilitate coordinated, robust, and meaningful engagement with community members. This will ensure community opinions and concerns are heard and actively incorporated into projects and deliverables for the many projects focused on the Canal neighborhood and priority equity community members citywide. The Manager will help ensure accessibility for language, content, ADA compliance and will conduct meetings at times and locations that are accessible to most residents as possible. They will also work to reduce community fatigue by combining meeting topics where appropriate and utilizing various means of engagement informed by community preferences.
The Manager will be a primary liaison between community members, groups, and the City.
They will work to foster relationships, find new ways of sharing power, and include community voices in decision-making processes using the Spectrum of Community Engagement to Ownership while ensuring City project managers understand and utilize the process. By fostering these and other equity-based frameworks and metrics in City project management, the Manager will work to ensure that projects are inclusive and responsive to the needs of all residents, particularly those from historically marginalized communities.
Although this position is short-term, the Manager will work to identify opportunities for longterm systemic change within City operations. This includes exploring ways to make processes more democratic and inclusive. The Manager's responsibilities will involve engaging with the community, advocates, non-profits, and policymakers to democratize existing systems and structures.
2. Coordination, Collaboration and Community Planning:
Effective project coordination is essential to maximize resources and capitalize on collaborative opportunities. The Climate Justice and Engagement Manager will serve as the linchpin, bringing together departmental teams, local non-profits, and other interested parties to identify synergies, share resources, and avoid duplication of efforts. This proactive approach ensures that projects are integrated and contribute to broader City and community priorities.
The Climate Justice and Engagement Manager will be housed within the Sustainability Division of the City Manager's office, ensuring cross-departmental coordination and cooperation. This centralized approach will streamline communication and decision-making processes, enhancing efficiency and effectiveness. Furthermore, the Manager will ensure that community input is codified into plans and procedures, such as the Priority Development Area (PDA), to ensure transparency and accountability in the planning process.
By serving as a central coordinator, the Manager will support local CBOs with capacity building and serve as a liaison between CBO staff, community members, City staff, and project managers. The Manager will ensure that all project managers understand and implement the concept and application of targeted universalism. This approach will maximize resources and ensure that projects are aligned with community priorities, echoing the emphasis on collaboration and partnerships in MCF's Climate Justice initiative.
3. Resilience and Sustainability:
Considering increasing climate challenges such as rising sea levels and extreme weather events, projects must prioritize resilience and sustainability. The Manager will spearhead efforts to integrate climate mitigation, adaptation, and future-proofing strategies into project planning and implementation. By incorporating these principles from the outset, we can support the development of a more resilient and sustainable community that can withstand future shocks and stresses. Importantly, the Manager will ensure that community priorities are at the forefront of planning and other efforts to increase resiliency citywide.
The Manager will actively seek opportunities and partners to realize sustainability goals and ensure broader participation in the green economy and climate-friendly innovations. For example, utility providers should be included in conversations to identify opportunities for electrifying buildings, appliances, and vehicles when planning for underground utility lines.
This directly addresses the goal of distributing resources for equitable climate resilience and aligns with the broader aim of building community-led resilience processes.
4. Housing Impact Mitigation and Workforce Development:
As San Rafael experiences growth and development, it is essential to mitigate the potential for housing impacts and displacement while identifying opportunities for affordable housing.
The Climate Justice and Engagement Manager will work closely with stakeholders to identify housing opportunities and implement strategies to ensure projects benefit all residents.
Additionally, the Manager will identify local workforce development opportunities across projects, ensuring residents can access meaningful employment opportunities within their community. This aligns with the City’s Equitable Low Carbon Economy project and other economic development goals. Applying an equity lens to housing development and job creation aligns with the City's mission to foster community retention and enhance residents' quality of life.
Establishing a Climate Justice and Engagement Manager position is vital to advancing the City of San Rafael's commitment to community engagement, equity, resilience, and sustainability.
Having this position in the City Manager’s office will ensure that these goals and opportunities are not seen as optional but are considered essential aspects of project development and outcomes. By coordinating efforts across departments and prioritizing the needs of our diverse communities, we can create a more inclusive, resilient, and sustainable future for all residents.
Tasks and Deliverables:
Task 1: Hire and Train Manager
Deliverables: job description, name, and contact information Task 2: Convene internal City stakeholders and develop a project coordination roadmap Deliverables: List of projects with project timelines, strategies, and task lists for accomplishing coordination and climate justice goals
Task 3: Convene external stakeholders and collect input to guide the projects and engagements
Deliverables: record of digital and in-person engagements, list of common community suggestions and ways they will be integrated into projects.
Task 4: Review outcomes and compile recommendations for ongoing coordination Deliverables: Final report of outcomes, successes and failures, and recommendations for ongoing success and coordination
Timeline:
December 2024 Complete the hiring and training process and begin stakeholder engagements.
June 2025 Complete initial internal and external stakeholder engagements, develop and distribute the roadmap.
June 2026 Complete report and recommendations
Budget:
DESCRIPTION COST Per Unit COST TOTAL
– 2 Years
Two-year fixed-term management position $9,550* / month $229,200 Benefits at 30% $2,865 / month $68,760
Total Staffing Costs / Grant Request $297,960
June 26, 2024
Cristine Alilovich
City Manager
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Re: Grant # 2024-06085 (Buck Family Fund of MCF)
Dear Cristine:
I am pleased to inform you that a grant in the amount of $297,960 to City of San Rafael has been approved to create a fixed term Climate Justice and Engagement Manager position to manage community projects involving the Canal neighborhood and other priority areas. The period of this grant is 24 months, from June 1, 2024 through October 31, 2026.
Initiation of payment(s) is contingent on applicable terms and conditions as stated in this agreement.
To confirm your formal acceptance, please accept the terms and requirements listed below by checking the box at the base of this page and clicking the Submit button.
If you have any questions about the implementation of this grant or about MCF procedures, please feel free to contact Patricia Juachon, the Director for the Environment Community Engagement responsible for overseeing this grant, or Renee Lazzareschi, Assistant for the Environment Community Engagement.
We greatly value your partnership in helping to create equity of opportunity for every resident of Marin.
Sincerely,
Rhea Suh,
President & CEO
5 Hamilton Landing, Ste. 200 | Novato CA 94949 | ph: 415.464.2500 | fax: 415.464.2555 | www.marincf.org Terms
1. As a condition of the grant, you are committing to report on the specified dates regarding your organization's progress relative to the metrics listed in this agreement. (Please note that any payments scheduled for release after the due date of a progress report will be held by the Foundation until the report has been submitted.)
2. It is important to note that funding from this grant and any accrued interest may be used only to carry out activities in and/or for the benefit of Marin County residents, and only for the charitable purposes and activities set forth in this document.
3. Funds not used for the charitable purposes of the grant, including any unspent balance of greater than $5,000 at the conclusion of the grant period, must be returned to the Foundation.
4. If you would like assistance when referencing this grant from the Foundation in any of your publications or releases, please feel free to call upon our Director of Communications.
5. In accepting this grant, you are agreeing that your organization will maintain accurate financial and operational records regarding your use of grant funds and that you will make those records available to the Foundation promptly upon request for the Foundation's review, except to the extent prohibited by applicable law.
6. In accepting this grant, you are agreeing that your organization does not discriminate against employees, volunteers, vendors, or any members, clients or students it serves, on the basis of race, color, religion, gender, national origin, age, medical condition, veteran status, economic status, disability, ancestry, sexual orientation, gender identity/expression, and beyond these, any other characteristic protected by law.
7. Finally, you are agreeing to make any publications, media presentations, studies, or research funded by this grant available to the public in a manner acceptable to the Foundation. Any tangible or intangible property, including copyrights obtained or created by your organization with funding from this grant, shall remain the property of your organization, but your organization agrees to grant the Foundation a royalty-free license to use, reprint, or distribute any such copyrighted materials for informational or promotional purposes that do not conflict with your organization's charitable purposes.
8. The terms of this Agreement may be revised or modified only with the prior written consent of both the Foundation and your organization.
Reporting Requirements & Due Dates