San Rafael City Council
July 15, 2024

AGENDA
SAN RAFAEL CITY COUNCIL - MONDAY, JULY 15, 2024
REGULAR MEETING AT 6:00 P.M.

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-07-15 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:40 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:40 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Paragraph (2) of subdivision (d) of Government Code Section 54956.9): 1 potential case
b. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code Section 54956.9: 1 case

1. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)
CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

CONSENT CALENDAR:

The opportunity for public comment on consent calendar items will occur prior to the City Council’s vote on the Consent Calendar. The City Council may approve the entire consent calendar with one action. In the alternative, items on the Consent Calendar may be removed by any City Council or staff member, for separate discussion and vote.
2 4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of June 17, 2024 and the Special City Council Meeting of June 21, 2024 (CC)
Recommended Action - Approve minutes as submitted
b. Amendments to Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”
Final Adoption of Ordinance No. 2037: An Ordinance Amending Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”, to Meet or Exceed the Federal Emergency Management Agency’s Minimum Standards for Development in Flood Hazard Areas (CC)
Recommended Action – Final Adoption of Ordinance No. 2037 c. Stipend Compensation Program for Boards, Commissions and Committees; And City Council Compensation
Final Adoption of Ordinance No. 2038: An Ordinance Adjusting the Compensation for the Mayor and City Council (CC)
Recommended Action – Final Adoption of Ordinance No. 2038 d. Planning Commission and Design Review Board Consolidation Final Adoption 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 (CC)
Recommended Action – Final Adoption of Ordinance No. 2039 e. Planning Commission Bylaw Amendment
Resolution Amending the Planning Commission’s Bylaws (CC) Recommended Action – Adopt Resolution
f. Acceptance of Grant from Marin Community Foundation
Resolution Accepting the Grant of Funds from the Marin Community Foundation for a TwoYear Climate Justice and Engagement Manager and Appropriating Funds in the Amount of $297,960 (CM)
Recommended Action – Adopt Resolution
g. West End Block Party 2024 Temporary Street Closure
Resolution Authorizing the Temporary Closure of Streets in San Rafael for the West End Block Party 2024 (CED)
Recommended Action – Adopt Resolution
h. San Rafael Public Library Foundation Donation for Constructing a New Library Resolution Establishing a San Rafael Public Library Foundation Donation Account (LR) Recommended Action – Adopt Resolution
3 i. Third Street Rehabilitation Project
Accept Completion of the Third Street Rehabilitation Project, City Project No. 11315, and Authorize the City Clerk to File the Notice of Completion (PW) Recommended Action – Accept Completion and authorize the City Clerk to file the Notice of Completion
j. Third Street Safety Improvements Project
Accept Completion of the Third Street Safety Improvements Project, City Project No. 11362, and Authorize the City Clerk to File the Notice of Completion (PW) Recommended Action – Accept Completion and authorize the City Clerk to file the Notice of Completion
k. Pickleweed Park Enhancement Project
Authorize and Award Agreements for the Pickleweed Park Enhancement Project, Including (PW):
i. Construction Agreement to Bauman Landscape and Construction, Inc. and Authorize $7,120,000 for Project Construction
Recommended Action – Award the Construction Agreement to Bauman Landscape and Construction, Inc. in the amount of $6,031,641.50; And, authorize the City Manager to execute the construction agreement not to exceed the amount of $7,120,000 including contingency funds of $1,088,358.50
ii. Professional Services Agreement with Coastland Civil Engineering, Inc. for Construction Management, Inspection, and Testing Services in the Amount Not to Exceed $644,575
Recommended Action - Authorize the City Manager to enter into a Professional Services Agreement with Coastland Civil Engineering, Inc. for construction management, inspection, and testing services in the amount not to exceed $644,575 iii. Second Amendment to Professional Services Agreement with Gates + Associates for Construction Administration Services, in an Additional Amount of $19,450, Increasing the Total Not-To-Exceed Amount of the Agreement to $565,784 Recommended Action – Authorize the City Manager to enter into a second amendment to the Professional Services Agreement with Gates + Associates for construction administration services in an additional amount of $19,450, increasing the total not-to-exceed amount of the agreement to $565,784
iv. Approve the Plans and Specifications for the Pickleweed Park Enhancement Project, Deemed Reasonable by the City Engineer, for City Project No. 11376, on File in the Department of Public Works
Recommended Action - Approve the Plans and Specifications for the Pickleweed Park Enhancement Project, deemed reasonable by the City Engineer, for City Project No. 11376, on File in the Department of Public Works
l. Special Tax on Properties at Loch Lomond 10 - Mello-Roos District No. 1992-1 Resolution Setting the Special Tax for Community Facilities District No. 1992-1 (Loch Lomond #10) for Fiscal Year 2024-25 (PW)
Recommended Action – Adopt Resolution
4 m. The Village at Loch Lomond Marina – Mello-Roos District No. 2 Resolution Setting the Special Tax for City of San Rafael Community Facilities District No. 2 (The Village at Loch Lomond Marina) for Fiscal Year 2024-25 (PW) Recommended Action – Adopt Resolution

PUBLIC HEARINGS

5. Public Hearings:
a. Baypoint Lagoons Assessment District
Resolution Confirming the Engineer’s Annual Report for the Baypoint Lagoons Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25 (PW)
Recommended Action – Adopt Resolution
b. Point San Pedro Road Median Landscaping Assessment District Resolution Confirming the Engineer’s Annual Levy Report for the Point San Pedro Road Median Landscaping Assessment District and the Assessment Diagram Connected Therewith and Ordering the Levy and Collection of Assessments for FY 2024-25 (PW) Recommended Action – Adopt Resolution

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. Response to the Grand Jury Report on E-Bike Safety
Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Titled “With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk” (PD)
Recommended Action – Adopt Resolution
b. Response to Grand Jury Report – Cyber Preparedness – Are We There Yet? Resolution Approving and Authorizing the Mayor to Execute the Response to the Marin County Civil Grand Jury Report Entitled – Cyber Preparedness – Are We There Yet? (DS) Recommended Action – Adopt Resolution
c. Proposed Update to Master Fee Schedule – Childcare
Resolution Authorizing an Update to the Master Fee Schedule to Establish Childcare Program Rates for the 2024-25 School Year (LR)
Recommended Action – Adopt Resolution
d. Salary and Benefit Plans for Temporary Employees
Resolutions Regarding Salary and Benefit Plans for Temporary Employees (HR) i. Resolution Rescinding Resolution No. 15020 and Establishing a Salary and Benefit Plan for Temporary, Seasonal and Retiree Employees
Recommended Action – Adopt Resolution
ii. Resolution Establishing a Salary and Benefit Plan for Non-Exempt Fixed-Term Employees
Recommended Action – Adopt Resolution
iii. Resolution Establishing a Salary and Benefit Plan for Exempt Fixed-Term Employees Recommended Action – Adopt Resolution
5 e. Successor Memorandum of Understanding with the Service Employees International Union, Local 1021 (SEIU Local 1021)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for the Service Employees International Union, Local 1021 (July 1, 2024, Through June 30, 2027)
Recommended Action – Adopt Resolution
f. Salary Resolution for Unrepresented Executive Management Employees Resolution Establishing the Compensation and Working Conditions for Unrepresented Executive Management Employees (July 1, 2024 through June 30, 2027) and Authorizing the City Manager to Enter into Employment Agreements with the Unrepresented Executive Management Employees
Recommended Action – Adopt Resolution
g. Compensation For Elected City Clerk and Elected Part-Time City Attorney Compensation Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part-Time City Attorney (July 1, 2021 Through June 30, 2024) (HR) Recommended Action – Adopt Resolution

OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the City Council at this time on matters not on the agenda that are within its jurisdiction. Please be advised that pursuant to Government Code Section 54954.2, the City Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. Comments may be no longer than two minutes and should be respectful to the community.

ADJOURNMENT:

Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection online and at City Hall, 1400 Fifth Avenue, and placed with other agendarelated materials on the table in front of the Council Chamber prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing [email protected] or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request. To request Spanish language interpretation, please submit an online form at https://www.cityofsanrafael.org/request-for-interpretation/.

Minutes subject to approval at the July 15, 2024 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - MONDAY, JUNE 17, 2024
REGULAR MEETING AT 6:00 P.M.

San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/cc-2024-06-17 Watch on YouTube: www.youtube.com/cityofsanrafael
Listen by phone: (669) 444-9171
ID: 860-6190-5675#
One Tap Mobile: +16694449171,,86061905675# US
This meeting will be held in-person. This meeting is being streamed to YouTube at www.youtube.com/cityofsanrafael.

How to participate in the meeting:
• You are welcome to come to the meeting and provide public comment in person. Each speaker will have 2-minutes to provide public comment per agenda item. • Submit your comments by email to [email protected] by 4:00 p.m. the day of the meeting.

If you experience technical difficulties during the meeting, please contact [email protected].

OPEN SESSION– THIRD FLOOR CONFERENCE ROOM – 4:30 PM

1. Mayor Kate to announce Closed Session items.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – 4:30 PM

2. Closed Session:
a. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Government Code Section 54956.9: 2 cases

1. Robin Casper v. City of San Rafael, et al. (Marin Superior Court, Case No. CIV2204042)

2. Shaleeta Boyd, et al. v. City of San Rafael, et al. (U.S. District Court, N.D. Cal., Case No. 23-cv-04085-EMC)
b. CONFERENCE WITH LABOR NEGOTIATORS – GOVERNMENT CODE SECTION 54957.6 Lead Negotiators: Timothy L. Davis and Allison B. Hernandez (Burke, Williams & Sorensen) Agency Designated Representatives: Cristine Alilovich, Paul Navazio, Marissa Sanchez, and Angela Robinson Piñon
Employee Organizations: San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association; San Rafael Mid-Management Employee Association; Unrepresented Executive Management

Present: Councilmember Bushey
Vice Mayor Hill
Mayor Kate

Absent: Councilmember Llorens Gulati
Councilmember Kertz
2 Also Present: City Manager Cristine Alilovich
City Attorney Robert Epstein
City Clerk Lindsay Lara
Mayor Kate called the meeting to order at 6:04 p.m. and invited City Clerk Lindsay Lara to call the roll. Councilmembers Llorens Gulati and Kertz were absent.

Legal Counsel Nira Doherty announced that no reportable action was taken in closed session.

Mayor Kate provided opening remarks which included gratitude to City Staff, the Employee Appreciation BBQ, recognition of City employees for their extended years of service and a land acknowledgment.

City Clerk Lindsay Lara informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

CITY MANAGER AND COUNCILMEMBER REPORTS:
(including AB 1234 Reports on Meetings and Conferences Attended at City Expense)

3. City Manager and Councilmember Reports:

City Manager Cristine Alilovich reported on:
• State of San Rafael Homelessness Update
• Terra Linda Park and Community Center Enhancement Plan Project - Community meetings and pop-up events set for June 18, June 22, June 23 and June 26 • Fire Station 57 Open House to celebrate the Fire Department’s 150th Anniversary to be held Sunday, June 23, 10 to noon
• Golden Gate Transportation District to host two events on the design progress for the new San Rafael Transit Center on Monday, June 24 and Tuesday, June 25 • PG&E to host a wildfire prevention work and safety resources webinar on Wednesday, June 26, 5:30-6:30 p.m.
• City Administrative Offices to be closed on Wednesday, June 19, in observance of Juneteenth Holiday
• City Council Special Meeting to be held Friday, June 21 at 4 p.m. • City Council Regular Meeting on Monday, July 1 is cancelled • Next Regular City Council Meeting to be held Monday, July 15 at 6 p.m. • City Council Regular Meeting on Monday, August 5 is cancelled City Councilmember Reports:
• Councilmember Bushey announced an Ice Cream Social to be held Saturday, June 22 at Peacock Gap Park (for design outreach), 1-3 p.m.
• Mayor Kate reported on a Sea Level Rise Community Workshop & Open House hosted by Canal Alliance and SF Bay Conservation and Development Commission (BCDC), a meeting with Supervisor Rodoni, a Bicycle & Pedestrian Advisory Committee (BPAC) meeting, the Chamber of Commerce Leadership Institute graduation, a Center for Domestic Peace event honoring Executive Director Donna Garske, a Dominican Black Canyon Neighborhood Association meeting, the City Employee Appreciation BBQ, a Chamber Mixer at East Bay Tire, the Homeward Bound Grand Opening for their veterans housing, a Juneteenth celebration at Christ Presbyterian Church and a City/County Pride event on the library’s lawn.

3 Mayor Kate invited public comment.

Speaker: Name withheld
CONSENT CALENDAR:

Mayor Kate invited public comment on the Consent Calendar items; however, there were none.

Councilmember Bushey moved and Vice Mayor Hill seconded to approve the Consent Calendar.

4. Consent Calendar Items:
a. Approval of Minutes
Approve Minutes of the Regular City Council Meeting of June 3, 2024 (CC) Approved minutes as submitted
b. Northgate Mall Redevelopment Project Environmental Consulting Services Authorize the City Manager to Execute the Second Amendment to the Professional Services Agreement with LSA Associates, Inc. for Environmental Consulting Services for the Northgate Mall Redevelopment Project in an Amount of $175,895, for a Total Contract Amount of $510,851 (CED)
Authorized the City Manager to execute the second amendment to the professional services agreement with LSA Associates, Inc. for environmental consulting services associated with the Northgate Mall Redevelopment Project, in the amount not to exceed $175,895, for a total not to exceed contract amount of $510,851
c. Agreement for On-Call Planning and Environmental Consulting Services Authorize the City Manager to Enter into a Professional Services Agreement with M-Group for On-Call Planning and Environmental Consulting Services in an Amount Not to Exceed $250,000 (CED)
Authorized the City Manager to enter into a professional services agreement with M-Group for on-call planning and environmental consulting services in an amount not to exceed $250,000 d. Agreement for Fiscal Impact Analysis and Real Estate Advisory Services Authorize the City Manager to Execute the First Amendment to the Agreement for Professional Services with Seifel Consulting for Continued Fiscal Impact Analysis and Real Estate Advisory Services Related to the Northgate Town Square Project in an Amount of $30,000, for a Total Not to Exceed Contract Amount of $104,900 (CED) Authorized the City Manager to execute the first amendment to the agreement for professional services with Seifel Consulting for continued fiscal impact analysis and real estate advisory services related to the Northgate Town Square Project in an amount of $30,000, for a total not to exceed contract amount of $104,900
e. Library Parcel Tax Rate for Fiscal Year 2024-25
Report Establishing the Annual Rate Adjustment for the Special Library Services Parcel Tax for the Fiscal Year 2024-25 as Authorized by San Rafael Municipal Code Chapter 3.36 (Voter-Approved Measure D) (Fin/Lib)
Accepted report
f. Paramedic Tax Rate for Fiscal Year 2024-25
Resolution Maintaining Paramedic Service Special Tax Rates at Their Current Levels for Fiscal Year 2024-25 (FD)
4 Resolution 15296 - Resolution Maintaining Paramedic Service Special Tax Rates at Their Current Levels for Fiscal Year 2024-25
g. Park and Recreation Month Proclamation
Proclamation Designating July 2024 as Park and Recreation Month Received and filed
h. Recreation Events Unarmed Security Guard Services Agreement with Barbier Security Group
Authorize the City Manager to Negotiate and Enter into a Professional Services Agreement with Barbier Security Group for Security Guard Services in an Amount Not to Exceed $600,000 for a Five-Year Term (LR)
Authorized the City Manager to negotiate and enter into a professional services agreement with Barbier Security Group for security guard services in an amount not to exceed $600,000 for a five-year term
i. Special Event Street Closures in San Rafael
Resolution Authorizing the Temporary Closure of Streets in San Rafael for Special Events (PD)
Resolution 15297 - Resolution Authorizing the Temporary Closure of Streets in San Rafael for Special Events
j. Baypoint Lagoons Assessment District
Baypoint Lagoons Landscaping and Lighting Assessment District Annual Assessment FY 2024-25 (PW):
i. Resolution Directing Filing of Engineer's Annual Report FY 2024-25 ii. Resolution Approving Engineer's Annual Report FY 2024-25 iii. Resolution Of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 15, 2024 Resolution 15298 - Resolution Directing Filing of Engineer's Annual Report FY 2024-25 Resolution 15299 - Resolution Approving Engineer's Annual Report FY 2024-25 Resolution 15300 - Resolution Of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 15, 2024 k. Point San Pedro Road Median Landscaping Assessment District Point San Pedro Road Median Landscaping Assessment District Annual Assessment FY 2024-25 (PW):
i. Resolution Directing Filing of Engineer's Annual Report FY 2024-25 ii. Resolution Approving Engineer's Annual Report FY 2024-25 iii. Resolution Of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 15, 2024 Resolution 15301 - Resolution Directing Filing of Engineer's Annual Report FY 2024-25 Resolution 15302 - Resolution Approving Engineer's Annual Report FY 2024-25 Resolution 15303 - Resolution Of Intention to Order Improvements and Setting a Public Hearing on the Annual Assessment for the City Council Meeting of July 15, 2024 l. FY 2024-25 Road Maintenance and Rehabilitation Account Projects, Funded by Senate Bill 1
Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1:

The Road Repair and Accountability Act of 2017 (PW)
5 Resolution 15304 - Resolution Adopting a List of Projects for Fiscal Year 2024-25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 m. PG&E Tower Easement Modification Agreement
Resolution Authorizing The City Manager to Execute an Easement Modification Agreement with Pacific Gas and Electric Company (PG&E) for the Tower Easement on APNs 009-032-06 and 009-032-07 (PW)
Resolution 15305 - Resolution Authorizing The City Manager to Execute an Easement Modification Agreement with Pacific Gas and Electric Company (PG&E) for the Tower Easement on APNs 009-032-06 and 009-032-07
n. Caltrans Maintenance Agreement
Resolution Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans (PW) Resolution 15306 - Resolution Approving and Authorizing the City Manager to Execute Amendment No. 1 to the Supplemental Freeway Maintenance Agreement with Caltrans AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz

SPECIAL PRESENTATIONS

5. Special Presentations:

Mayor Kate invited public comment; however, there was none. a. Presentation of Proclamation Supporting Juneteenth (HR) Mayor Kate presented the proclamation to Damien Oyobio, Diversity Equity Inclusion and Belonging (DEIB) Committee member who received the proclamation and made comments.

OTHER AGENDA ITEMS

6. Other Agenda Items:
a. General Fund Reserve Policy
Resolution Updating the City’s General Fund Reserve Policy (Fin) Finance Director Paul Navazio presented the Staff Report.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to adopt the resolution updating the City’s General Fund Reserve Policy.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15307 - Resolution Updating the City’s General Fund Reserve Policy 6 b. City Investment Policy
Resolution Approving the City of San Rafael Investment Policy (Fin) Finance Director Paul Navazio presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to adopt the resolution approving the City of San Rafael Investment Policy.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15308 - Approving the City of San Rafael Investment Policy c. Final Citywide Budget for Fiscal Year 2024-25, Gann Legal Spending Limit; Measure A Workplan, Capital Improvement Program, and Capital and Infrastructure Workplan i. Resolution Approving the Citywide Budget and Capital Improvement Program Budget for the Fiscal Year 2024-25; Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget in the Amount of $211,121,633, with Net Appropriations of $179,844,098
ii. Resolution Approving Fiscal Year 2024-25 Gann Appropriations Limit at $185,036,651
iii. Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2024-25
iv. Approval of the Capital Improvement Program – FY 2024-25 through FY 2026-27 and Related Capital and Transportation Infrastructure Workplan (Fin) Finance Director Paul Navazio presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to adopt the resolution approving the Citywide Budget and Capital Improvement Program Budget for the Fiscal Year 2024-25; Providing for the appropriations and expenditure of all sums set forth in the budget in the amount of $211,121,633, with net appropriations of $179,844,098.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
7 Resolution 15309 - Resolution Approving the Citywide Budget and Capital Improvement Program Budget for the Fiscal Year 2024-25; Providing for the Appropriations and Expenditure of All Sums Set Forth in the Budget in the Amount of $211,121,633, with Net Appropriations of $179,844,098
Councilmember Bushey moved and Vice Mayor Hill Bushey seconded to adopt the resolution approving Fiscal Year 2024-25 Gann Appropriations Limit at $185,036,651.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15310 - Resolution Approving Fiscal Year 2024-25 Gann Appropriations Limit at $185,036,651
Councilmember Bushey moved and Vice Mayor Hill seconded to adopt the resolution approving the Measure A Work Plan for proposed expenditure of Measure A Funds for FY 2024-25.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15311 - Resolution Approving the Measure A Work Plan for Proposed Expenditure of Measure A Funds for FY 2024-25
Councilmember Bushey moved and Vice Mayor Hill seconded to approve the Capital Improvement Program – FY 2024-25 through FY 2026-27 and related Capital and Transportation Infrastructure Workplan FY 2023-25.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Approved the Capital Improvement Program – FY 2024-25 through FY 2026-27 and related Capital and Transportation Infrastructure Workplan FY 2023-25 d. Successor Memorandum of Understanding with American Federation of State, County & Municipal Employees, Local 1 (AFSCME/Local 1)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for American Federation of State, County & Municipal Employees, Local 1 (AFSCME/Local 1), Beginning July 1, 2024 through June 30, 2027 (CM/HR)
Human Resources Director Marissa Sanchez presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment; however, there were none. 8 Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to adopt the resolution approving a Successor Memorandum of Understanding pertaining to compensation and working conditions for American Federation of State, County & Municipal Employees, Local 1 (AFSCME/Local 1), beginning July 1, 2024 through June 30, 2027.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15312 - Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for American Federation of State, County & Municipal Employees, Local 1 (AFSCME/Local 1), Beginning July 1, 2024 through June 30, 2027 e. Successor Memorandum of Understanding with Western Council of Engineers’ (WCE) Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for Western Council of Engineers’ (WCE), Beginning July 1, 2024 through June 30, 2027 (CM/HR)
Human Resources Director Marissa Sanchez presented the Staff Report.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Councilmember Bushey moved and Vice Mayor Hill seconded to adopt the resolution approving a Successor Memorandum of Understanding pertaining to compensation and working conditions for Western Council of Engineers’ (WCE), beginning July 1, 2024 through June 30, 2027.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15313 - Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for Western Council of Engineers’ (WCE), Beginning July 1, 2024 through June 30, 2027

PUBLIC HEARINGS

7. Public Hearings:
a. Amendments to Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”
Introduction of An Ordinance Amending Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”, to Meet or Exceed the Federal Emergency Management Agency’s Minimum Standards for Development in Flood Hazard Areas (PW) Assistant Director of Public Works Joanna Kwok presented the Staff Report. 9 Staff responded to questions from the City Council.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Vice Mayor Hill moved and Councilmember Bushey seconded to introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
The City Clerk read the title of the Ordinance:

An Ordinance Amending Title 18 of the San Rafael Municipal Code “Protection of Flood Hazard Areas”, to Meet or Exceed the Federal Emergency Management Agency’s Minimum Standards for Development in Flood Hazard Areas
Introduced the Ordinance, waived further reading of the ordinance, and referred to it by title only b. Stipend Compensation Program for Boards, Commissions and Committees; And City Council Compensation
Resolution Amending Bylaws for Boards, Commissions and Committees to Include Stipends and Introduction of an Ordinance Adjusting the Compensation for the Mayor and City Council (CM)
City Clerk Lindsay Lara and Assistant City Manager Angela Robinson Piñon presented the Staff Report.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speakers: Name withheld, Name withheld
Staff responded to questions from the community.

Councilmembers provided comments.

Vice Mayor Hill moved and Councilmember Bushey seconded to adopt the resolution amending bylaws for Boards, Commissions and Committees to include stipends.

AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 15314 - Resolution Amending Bylaws for Boards, Commissions and Committees to Include Stipends
Vice Mayor Hill moved and Councilmember Bushey seconded to introduce the Ordinance, waive further reading of the Ordinance, and refer to it by title only. 10 AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
The City Clerk read the title of the Ordinance:

An Ordinance of the City Council of the City of San Rafael to Adjust the Compensation for the Mayor and City Council
Introduced the Ordinance, waived further reading of the ordinance, and referred to it by title only

OPEN TIME FOR PUBLIC EXPRESSION
• Shinji Sakai-Egi addressed the City Council regarding sea level rise. • Eva Chrysanthe addressed the City Council regarding her California Public Records Act (CPRA).

SAN RAFAEL SUCCESSOR AGENCY:

1. Consent Calendar:

Chair Kate invited public comment on the Consent Calendar items; however, there were none.

Vice Chair Hill moved and Member Bushey seconded to approve the Consent Calendar. a. Dissolution of the Successor Agency to the Former San Rafael Redevelopment Agency Resolution of the Successor Agency to the Redevelopment Agency of the City of San Rafael in the Matter of Approving a Request to Formally Dissolve the Successor Agency (Fin)
AYES: Councilmembers: Bushey, Hill & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati & Kertz
Resolution 2024-01 - Resolution of the Successor Agency to the Redevelopment Agency of the City of San Rafael in the Matter of Approving a Request to Formally Dissolve the Successor Agency ADJOURNMENT:

Mayor Kate adjourned the meeting at 7:49 p.m.
___________________________
LINDSAY LARA, City Clerk

APPROVED THIS _____DAY OF____________, 2024

_____________________________________
KATE COLIN, Mayor
Minutes subject to approval at the July 15, 2024 meeting

MINUTES
SAN RAFAEL CITY COUNCIL - FRIDAY, JUNE 21, 2024
SPECIAL MEETING AT 4:00 P.M.

SPECIAL CLOSED SESSION FOLLOWING ADJOURNMENT OF SPECIAL MEETING San Rafael City Council Chambers
1400 Fifth Avenue, San Rafael, CA 94901
Watch Online:

Watch on Zoom Webinar: https://tinyurl.com/ccsm-2024-06-21 Watch on YouTube: www.youtube.com/cityofsanrafael
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Members of the public may speak on Agenda Items.

Present: Councilmember Bushey
Vice Mayor Hill
Councilmember Kertz
Mayor Kate

Absent: Councilmember Llorens Gulati
Also Present: City Manager Cristine Alilovich (virtually) City Attorney Robert Epstein
Deputy City Clerk Brenna Nurmi
Mayor Kate called the meeting to order at 4:01 p.m. and invited Deputy City Clerk Brenna Nurmi to call the roll. All members of the City Council were present, except for Councilmember Llorens Gulati.

Deputy City Clerk Brenna Nurmi informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. She noted the two-minute timer for public comment and closed captioning on Zoom.

CONSENT CALENDAR:

Mayor Kate invited public comment on the Consent Calendar items; however, there were none.

Vice Mayor Hill moved and Councilmember Kertz seconded to approve the Consent Calendar.

1. Consent Calendar Items:
a. Liability Claims Administration Services
Authorize the City Manager to Execute an Agreement with George Hills Company for the Provision of Third-Party Liability Claims Administration Services for a Five-Year Period, In an Amount Not to Exceed $574,000 (CM)
Authorized the City Manager to approve a five-year agreement with George Hills Company to provide third-party liability claims administration services in an amount not to exceed $574,000 AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
2 PUBLIC HEARINGS

2. Public Hearings:
a. Planning Commission and Design Review Board Consolidation Introduction of 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 (CC/CED)
Director of Community and Economic Development, Micah Hinkle presented the Staff Report.

Jon Haveman, Planning Commission Chair and Stewart Summers, Design Review Board Member provided comments.

Staff responded to questions from the City Council.

Mayor Kate invited public comment.

Speaker: Kate Powers
Councilmembers provided comments.

Vice Mayor Hill moved and Councilmember Kertz seconded to introduce the ordinance, waive further reading of the ordinance, and refer to it by title only.

AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
The Deputy City Clerk read the title of the ordinance:

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
Introduced the ordinance, waived further reading of the ordinance, and referred to it by title only

OTHER AGENDA ITEMS

3. Other Agenda Items:
a. Memorandum of Understanding with the San Rafael Mid-Management Employee Association (SRMMEA)
Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for the San Rafael Mid-Management Employee Association (July 1, 2024, Through June 30, 2027) (CM/HR) 3 Assistant City Manager Angela Robinson Piñon presented the Staff Report.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Councilmember Bushey moved and Councilmember Kertz seconded to adopt the resolution approving a Successor Memorandum of Understanding pertaining to compensation and working conditions for the San Rafael Mid-Management Employee Association (July 1, 2024, Through June 30, 2027).

AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Resolution 15315 – Resolution Approving a Successor Memorandum of Understanding Pertaining to Compensation and Working Conditions for the San Rafael Mid-Management Employee Association (July 1, 2024, Through June 30, 2027)
b. Compensation for Unrepresented Mid-Management Employees Resolution Establishing the Compensation and Working Conditions for Unrepresented Mid-Management Employees (July 1, 2024, Through June 30, 2027 (HR) Assistant City Manager Angela Robinson Piñon presented the Staff Report.

Mayor Kate invited public comment; however, there were none.

Councilmembers provided comments.

Councilmember Kertz moved and Vice Mayor Hill seconded to adopt the resolution establishing the compensation and working conditions for Unrepresented Mid-Management Employees (July 1, 2024, Through June 30, 2027).

AYES: Councilmembers: Bushey, Hill, Kertz & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: Llorens Gulati
Resolution 15316 – Resolution Establishing the Compensation and Working Conditions for Unrepresented Mid-Management Employees (July 1, 2024, Through June 30, 2027) ADJOURNMENT:

Mayor Kate adjourned the meeting at 4:47 p.m.

OPEN SESSION – COUNCIL CHAMBERS – FOLLOWING ADJOURNMENT

4. Mayor Kate to announce Closed Session items.

Mayor Kate announced the Closed Session items and invited public comment; however, there were none.

CLOSED SESSION – THIRD FLOOR CONFERENCE ROOM – FOLLOWING ADJOURNMENT 4 5. Closed Session:
a. CONFERENCE WITH LABOR NEGOTIATORS – GOVERNMENT CODE SECTION 54957.6 Lead Negotiators: Timothy L. Davis and Allison B. Hernandez (Burke, Williams & Sorensen) Agency Designated Representatives: Cristine Alilovich, Paul Navazio, Marissa Sanchez, and Angela Robinson Piñon
Employee Organizations: San Rafael Police Mid-Management Association; Public Employee Union, Local 1; San Rafael Firefighters’ Association; San Rafael Police Association; SEIU Local 1021; Western Council of Engineers; San Rafael Fire Chief Officers’ Association; San Rafael Mid-Management Employee Association; Unrepresented Executive Management ___________________________
LINDSAY LARA, City Clerk
APPROVED THIS _____DAY OF____________, 2024
_____________________________________
KATE COLIN, Mayor
ORDINANCE NO. 2037

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “PROTECTION OF FLOOD HAZARD AREAS”, TO MEET OR EXCEED THE MINIMUM STANDARDS OF THE

FEDERAL EMERGENCY MANAGEMENT AGENCY FOR DEVELOPMENT WITHIN THE

FLOOD HAZARD AREAS OF THE CITY OF SAN RAFAEL
SECTION 1. FINDINGS
WHEREAS, development in the flood hazard areas of the City of San Rafael is regulated by Title 18 of the San Rafael Municipal Code; and
WHEREAS, the regulation of development in flood hazard areas is meant to promote the public health, safety, and general welfare; and
WHEREAS, the Federal Emergency Management Agency (FEMA) has established minimum standards for development in flood hazard areas; and
WHEREAS, the City’s ordinance must comply with the minimum standards required by FEMA for flood insurance to be available under the National Flood Insurance Program; and WHEREAS, FEMA has notified the City that it must update Title 18 of the Municipal Code to comply with FEMA’s minimum standards for development in flood hazard areas; and WHEREAS, modification to the City’s ordinance as provided in the subject ordinance amendment is intended to meet or exceed FEMA’s minimum standards.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

SECTION 2. AMENDMENTS TO SAN RAFAEL MUNICIPAL CODE TITLE 18 Sections 18.20.010, 18.30.020, 18.40.010, 18.40.020, 18.40.030, 18.50.010, 18.50.030,

18.50.040, and 18.50.050 of Title 18 of the San Rafael Municipal Code, entitled “Protection of Flood Hazard Areas”, are hereby amended to read as follows. Additions are shown in underline, and deletions are shown in strikethrough. All other provisions of Title 18 are unaffected by these amendments.

18.20.010 Definitions.

Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage and to give this title its most reasonable application.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this title.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.
“Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the FIRM.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.
"Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and

2. The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. "Building" - see "Structure".
“Building code” means the family of building codes in Title 12 of this code specifically adopted and amended by the city council.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, VE, or V. “Design flood” means the flood associated with:

1. Area with a flood plain subject to a 1-percent or greater chance of flooding in any year.

2. Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or manufactured housing subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or manufactured housing subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. “Flood control project” means a dam or barrier designed and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
"Flood Hazard Boundary Map" means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration has delineated the areas of flood hazards.
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency FEMA or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map FIRM, the Flood Boundary and Floodway Map FBFM, and the water surface elevation of the base flood.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding".
"Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this title and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents (Refer to FEMA Technical Bulletin 1, Openings in Foundation Walls and Walls of Enclosures; Technical Bulletin 3, Non-Residential Floodproofing Requirements and Certifications; and Technical Bulletin 7, Wet Floodproofing Requirements and Limitations FEMA Technical Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and wet floodproofing.) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway".
"Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Chapter 18.60, Variances, of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the community governing body will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. city council of the City of San Rafael, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Chapter 18.60, Variances, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

2. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
"Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective FIRM or FIS. Letters of Map Change include:

1. Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective FIRM and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

2. Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

3. Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.

4. Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum National Flood Insurance Program requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective FIRM or FIS; upon submission and approval of certified as-built documentation, a LOMR may be issued by FEMA to revise the effective FIRM. "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
"Light-duty truck” means any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:

1. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

2. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or

3. Available with special features enabling off-street or off-highway operation and use. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see "Basement" definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The wet floodproofing standard in Chapter 18.50.010 C.3; b. The anchoring standards in Chapter 18.50.010 A;
c. The construction materials and methods standards in Chapter 18.50.010 B; and
d. The standards for utilities in Chapter 18.50.020.

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map FIRM are referenced. "Mudslide" describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
"New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. "One-hundred-year flood" or "one hundred 100-year flood" - see "Base flood." "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
"Public safety and nuisance" as related to Chapter 18.60, Variances, of this title means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
"Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. Four hundred (400) square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this title or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
"Sheet flow area" - see "Area of shallow flooding".
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure". "V zone" - see "Coastal high hazard area".
"Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title. "Violation" means the failure of a structure or other development to be fully compliant with this title. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this title is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

18.30.020 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in the current version of the Flood Insurance Study (FIS) for Marin County and Incorporated Areas revised August 15, 2017, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) revised August 15, 2017, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated June 28, 1983 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated May 1,1984, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this title. This FIS and attendant mapping is the minimum area of applicability of this title and may be supplemented by studies for other areas which allow implementation of this title and which are recommended to the city by the floodplain administrator. The study, FIRMs and FBFMs are electronically on file at the1400 Fifth Avenue, City Hall, Department of Public Works.

18.40.010 Establishment of floodplain development permit.

A floodplain development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 18.30.020.

Application for a floodplain development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A. Site plan, including but not limited to:

1. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals, along the foundation footprint, or one foot contour elevations throughout the building site; and

2. Proposed locations of water supply, sanitary sewer, and utilities; and

3. If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and

4. If applicable, the location of the regulatory floodway; and B. Foundation design detail, including but not limited to:

1. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; and

2. For a crawl-space foundation, location and total net area of foundation openings as required in Section 5.1.C.318.50.010.C.3 of this ordinance title and Federal Emergency Management Agency (FEMA) Technical Bulletins 1-931 and 7-937; and

3. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety-five percent (95%) using the Standard Proctor Test method); and
C. Proposed elevation in relation to mean sea level to which any nonresidential structure will be flood proofed, as required in Section 18.50.010 C.2 of this title and FEMA Technical Bulletin TB 3-933; and
D. All appropriate certifications listed in Section 18.40.030 D of this ordinance; and E. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

18.40.020 Designation of the floodplain administrator.

The director of public works, is hereby appointed to administer, implement, and enforce this ordinance by granting or denying floodplain development permits in accord with its provisions.

18.40.030 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:

A. Permit Review. Review all floodplain development permits to determine that:

1. Permit requirements of this title have been satisfied,

2. All other required state and federal permits have been obtained,

3. The site is reasonably safe from flooding, and

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this title, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B. Review, use and development of other base flood data.

1. When base flood elevation data has not been provided in accordance with Section 18.30.020, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Chapter 18.50.

Any such information shall be submitted to the city for adoption; or

2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA Federal Emergency Management Agency (FEMA) publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (one hundred 100-year) Flood Elevations" dated July 1995 in order to administer Section 5:
a. Simplified method
i. One hundred (100) year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and
ii. Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detailed method
i. One hundred (100) year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and
ii. Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program.

C. Notification of Other Agencies. In alteration or relocation of a watercourse:

1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

3. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

D. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 18.50.010 C.1 and 18.50.040 (lowest floor elevations),

2. Certification required by Section 18.50.010 C.2 (elevation or floodproofing of nonresidential structures),

3. Certification required by Sections 18.50.010 C.3 (wet floodproofing standard),

4. Certification of elevation required by Section 18.50.030 B (subdivision standards),

5. Certification required by Section 18.50.060 A (floodway encroachments),

6. Information required by Section 18.50.070 F (coastal construction standards), and
E. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Chapter 18.60.

F. Remedial Action. Take action to remedy violations of this ordinance as specified in Section 18.30.030.

G. Base Flood Elevation Changes Due to Physical Alterations. Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator or their designee, shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

18.50.010 Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring

1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. All manufactured homes shall meet the anchoring standards of Section

18.50.040.

B. Construction materials and methods. All new construction and substantial improvement shall be constructed:

1. With flood resistant materials as specified in Federal Emergency Management Agency (FEMA) Technical Bulletin 2TB 2-93, and utility equipment resistant to flood damage;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and floodproofing. (See Chapter 18.20 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".)

1. Residential construction, new or substantial improvement, shall have the lowest floor, including basement,
a. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM plus predicted thirty (30) years settlement, or elevated at least two feet above the highest adjacent grade if no depth number is specified. ab. In an AE or AH zone, elevated to a height equal to or exceeding one (1) foot above the base flood elevation plus predicted thirty (30) years settlement; said base flood elevation shall be determined by one of the methods on Section 18.40.030 B of this ordinance.
bc. In all other zones a V or VE zone, elevated to a height equal to or exceeding one (1) foot above the base flood elevation plus predicted thirty (30) years settlement.
c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with Section 18.50.010 C.1 or together with attendant utility and sanitary facilities:
a. Be flood proofed below the elevation recommended under Section

18.50.010 C.1 so that the structure is watertight with walls substantially impermeable to the passage of water;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered professional engineer or architect that the standards of this section (18.50.010 C.2) are satisfied. Such certification shall be provided to the floodplain administrator.

3. All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-931 and TB 7-937, and must exceed the following minimum criteria:
a. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

The bottom of all openings shall be no higher than one foot above grade.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or
b. Be certified by a registered professional engineer or architect.

4. Manufactured homes shall also meet the standards in Section 18.50.040.

18.50.030 Standards for subdivisions and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser.

A. All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

B. All subdivision plans will provide the elevation of the lowest floor of all proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided as part of an application for a Letter of Map Revision Based on Fill (LOMR-F) to the floodplain administrator.

C. All subdivision proposals shall be consistent with the need to minimize flood damage.

D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

18.50.040 Standards for manufactured homes.

A. All manufactured homes that are placed or substantially improved, within Zones A1- 30, AH, and AE on the community's Flood Insurance Rate Map (FIRM), on sites located:

1. Outside of a manufactured home park or subdivision,

2. In a new manufactured home park or subdivision,

3. In an expansion to an existing manufactured home park or subdivision, or

4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

B. All manufactured homes that are placed or substantially improved on sites located within Zones V1-30, V, and VE on the community's Flood Insurance Rate MapFIRM will meet the requirements of Section 18.50.040 A and Section 18.50.070.

C. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1- 30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 18.50.040 A will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

1. Lowest floor of the manufactured home is at or above the base flood elevation, or

2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirtysix inches (36") in height above grade.

D. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

18.50.050 Standards for recreational vehicles.

A. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map (FIRM) will either:

1. Be on the site for fewer than one hundred eighty (180) consecutive days, and be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

2. Meet the permit requirements of Section 418.40.010 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section

18.50.040 A.

B. Recreation vehicles placed on sites within Zones V1-30, V, and VE on the community's Flood Insurance Rate MapFIRM will meet the requirements of Section

18.50.050 A and Section 18.50.070.

SECTION 3. SEVERABILITY
Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this Ordinance shall continue in full force and effect unless amended or modified by the city.

SECTION 4. COMPLIANCE WITH CEQA
The California Environmental Quality Act (CEQA) Guidelines, Section 15308, categorically exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The City Council hereby finds that under Section 15308, the subject ordinance amendment is exempt from CEQA because it is an update of public safety regulations enacted to avoid environmental impacts.

SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect thirty (30) days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of June 2024, and was passed and adopted at a regular meeting of the San Rafael City Council on the 15th of July 2024 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2037

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “PROTECTION OF FLOOD HAZARD AREAS”, TO MEET OR EXCEED THE MINIMUM STANDARDS OF

THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR DEVELOPMENT

WITHIN THE FLOOD HAZARD AREAS OF THE CITY OF SAN RAFAEL This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2037 which will amend Title 18 of the City of San Rafael Municipal Code concerning Sections 18.20.010, 18.30.020, 18.40.010,

18.40.020, 18.40.030, 18.50.010, 18.50.030, 18.50.040, and 18.50.050. Ordinance No. 2037 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 Title 18, which regulates development within the flood hazard areas of the City of San Rafael.

The amendments would modify Title 18 to meet or exceed the Federal Emergency Management Agency’s minimum standards for development in flood hazard areas.

Compliance with the minimum standards is required for flood insurance to be available in the City of San Rafael under the National Flood Insurance Program.

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
1 ORDINANCE NO. 2038

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO

ADJUST THE COMPENSATION FOR THE MAYOR AND CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 1. FINDINGS.

WHEREAS, pursuant to Article VI, Section 9 of the City of San Rafael Charter, Council compensation may be adjusted by ordinance in an amount not to exceed that allowed for by general state law. The last salary adjustment was adopted in April 1990.

WHEREAS, on June 29, 2023, the Governor approved Senate Bill No. 329 (Dodd) (“SB 329”), amending Government Code Section 36516, which permits a city council to set by ordinance their salaries up to a maximum amount, based upon the population of the city.

The increases authorized by SB 329 are designed to address recent inflationary increases and economic realities, “enable city councilmembers to balance their careers and personal obligations with the calling to serve their community,” and “also make it easier for members of marginalized communities to serve.”
WHEREAS, in articles about the bill Senator Dodd said the following, "By allowing councils to adjust their maximum pay to reflect inflation, my bill will remove barriers to achieving more equitable representation in local government." The California Chapter of the NAACP also supported the bill.

WHEREAS, in accordance with Government Code Section 36516.1, and elected mayor may be provided compensation in addition to which they receive as a council member and that additional compensation may be provided by city council ordinance.

WHEREAS, in accordance with Government Code Section 36516.5, a change in compensation does not apply to a council member during the council member's term of office, but may take effect for all members of a council serving staggered terms whenever one or more members of the city council begins a new term of office. Additional compensation for an elected mayor may take effect during the mayor’s current term.

WHEREAS, as part of its analysis, staff also looked at the compensation of mayors and city councilmembers in those jurisdictions considered “comparable” as defined in the labor agreements for the non-safety bargaining groups. It was determined that the “market” average for city council members was $1,516 per month and $2,357 per month for mayors.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

DIVISION 2. ADJUSTMENT TO COMPENSATION.

1. The salary for each Councilmember shall be increased from $468 to $1,516 per month. This salary increase shall become effective the first pay period after one or more members of the City Council begins a new term of office.
2 2. The compensation of the Mayor shall increase from $702 per month to $2,357 per month. This salary increase shall become effective the first pay period after one or more members of the City Council begins a new term of office.

3. The City shall continue to offer a full flex cafeteria program for Councilmembers and the Mayor.

This compensation shall be paid in the same manner as paid to other officers and employees of the City of San Rafael.

4. Thereafter, the salaries shall be adjusted by ordinance of the City Council in amounts not to exceed that allowed by general state law.

DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment (14 Cal.

Code Regs. Section 15061(b)(3)).

DIVISION 4. SEVERABILITY.

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

DIVISION 5. EFFECTIVE DATE; PUBLICATION.

A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.

This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 17th day of June 2024, and was passed and adopted at a regular meeting of the San Rafael City Council on the 15th of July 2024 by the following vote, to wit:
3 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

KATE COLIN, Mayor
ATTEST:

LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 2038

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO

ADJUST THE COMPENSATION FOR THE MAYOR AND CITY COUNCIL
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2038 which will adjust the compensation of the Mayor and City Council. Ordinance No. 2038 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 the San Rafael City Charter and California Government Code section 36933(c)(1).

For a complete copy of the text of the Ordinance, 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: 07/05/2024
1 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
Section 1. Findings.

WHEREAS, The Design Review Advisory Committee was created in 1977 by the San Rafael Redevelopment Agency as an informal committee to respond to the high volume of development applications, delays in the processing of applications, and the quality of design review in response to the Downtown Beautification Project and the rapid development of East San Rafael, and
WHEREAS, The Design Review Board was officially established in May 1980 by Ordinance 1502 to formalize the Design Review Advisory Committee, and WHEREAS, The purpose of the Design Review Board was to serve as an advisory body to the City Council to review and formulate recommendations on development projects requiring environmental and design review permits and on other design matters referred to the Design Review Board by the City Council, Planning Commission, or Community and Economic Development Director, and WHEREAS, over the last several years, new state legislation, (including Senate Bill 35, the Housing Crisis Act of 2019 and others) has required the City’s Municipal Code to support a streamlined reviews of projects, often using only objective design standards and limiting the number of hearings, and
WHEREAS, the Community Development Department presented a staff report in 2019, which included suggestions from several developers to dissolve the Design Review Board and received input from the City Council, and
WHEREAS, in 2020, the City Council approved a staff report recommending that staff pursue an amendment to the San Rafael Municipal Code to streamline development review and created a Design Review Advisory Committee as a one-year pilot program. The following year the pilot program the program was ended, and WHEREAS, in April 2022 the City Council approved a staff report recommending support for a new one-year pilot program and a zoning text amendment to create a new process entitled, “Streamlined Review for Certain Residential Projects.” The outcome of 2 the pilot program resulted in fifteen canceled Design Review Board meetings in both calendar year 2022 and 2023, and
WHEREAS, on December 18, 2023 the City Council received a report and provided feedback to staff regarding the possible consolidation the DRB and the PC, and WHEREAS, City Councilmembers provided feedback to staff to return at a future City Council meeting after completing three related tasks: 1) adoption of revised Objective Design Standards, 2) hiring of the permanent Community Development Director, 3) allow more time for the community to provide feedback to staff. Each of these tasks have now been completed, and
WHEREAS, on June 11, 2024, staff brought a draft ordinance amending Title 2, Title 14, and Title 15 before the Planning Commission for review. As the Planning Commission does not have authority over Title 2, the proposed amendments to Title 2 were presented to provide a comprehensive overview of the scope of the proposed changes. The Planning Commission was asked to review the proposed ordinance and forward a recommendation to City Council. After review, public comment, and deliberations, the Planning Commission voted to continue the item to June 18, 2024 to a Special Planning Commission meeting to provide additional time for commissioners and the public to review the proposed amendments, and
WHEREAS, on June 18, the Planning Commission held the continued public hearing and resumed deliberations on dissolution of the Design Review Board. The Planning Commission unanimously voted to forward a recommendation to City Council to introduce the ordinance and recommended modifications to Title 2 to ensure all responsibilities of the Design Review Board are clearly delegated to the Planning Commission and that a definition is included for “design professional, and directed staff to review Title 14 to ensure the amendments clearly identify the review body and any required recommendations, and
WHEREAS, the City Council conducted a noticed public hearing on June 21, 2024, for the purpose of considering the proposed amendments to the Ordinance; and WHEREAS, the City Council has duly considered all testimony presented at the public hearings, and the evaluation and recommendations from staff; and WHEREAS, the proposed amendments to the San Rafael Municipal Code set forth herein below are consistent with state law.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:

Section 2: Amendments to Title 2 of the San Rafael Municipal Code.

Title 2 – Administration, of the San Rafael Municipal Code, is amended as set forth in Exhibit A, attached hereto and incorporated herein by this reference (additions in 3 underline, deletions in strikethrough).

Section 3: Amendments to Title 14 of the San Rafael Municipal Code.

Title 14 – Zoning, of the San Rafael Municipal Code, is amended as set forth in Exhibit B, attached hereto and incorporated herein by this reference (additions in underline, deletions in strikethrough).

Section 4: Amendments to Title 15 of the San Rafael Municipal Code.

Title 15 – Subdivisions, of the San Rafael Municipal Code, is amended as set forth in Exhibit C, attached hereto and incorporated herein by this reference (additions in underline, deletions in strikethrough).

Section 5. Severability. If any section, subsection, phrase or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied.

Section 6. Findings of the Zoning Code.

Pursuant to Section 14.27.060 (Findings) of the San Rafael Municipal Code, the proposed amendments of the zoning regulations code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan.

B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; Section 7. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment, and pursuant to CEQA Guidelines section 15378(b)(5) because the dissolution of the Design Review Board and reassignment of its responsibilities to other City boards and staff members is an organizational/administrative activity that will not result in direct or indirect physical changes in the environment.

Section 8. Effective Date and Publication. This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect 30 days after its adoption. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California.

Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the 4 City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance.

THE FOREGOING ORDINANCE was first read and introduced at a Special Meeting of the City Council of the City of San Rafael, held on the 21st day of June 2024, and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 15th day of July 2024.

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

KATE COLIN, Mayor
Attest:

LINDSAY LARA, City Clerk
Exhibit A: Modifications to Title 2

Section 2.16.040 - Planning commission—Creation—Membership.

There is created a planning commission for the city, consisting of seven (7) members and two (2) alternate members, not officials of the city, appointed by the mayor with the approval of the city council. Eligibility requirements for members of the planning commission are as follows:

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 2.16.110 - Powers and duties of planning commission.

It shall be the function and duty of the planning commission to act as a decision-making body on quasi-legislative 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, conditional use permits, or environmental and design permits referred by the community development direction to the planning Exhibit A: Modifications to Title 2

commission pursuant to powers and duties set forth in the Municipal Code at the discretion of the community development director.

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.

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.

2.16.120 Design review board—Creation.

A design review board is created.

2.16.121 Design review board membership—Compensation.

The design review board shall consist of a total of five (5) regular members and may include one (1) alternate member appointed by the city council. The design review board members shall be qualified as follows:

1. At least two (2) members shall be licensed architects or licensed building designers;

2. At least one (1) member shall be a licensed landscape architect;

3. At least one of the five (5) members shall have background or experience in urban design;

4. The alternate member may have qualifications in any of the above fields of expertise;

5. All board members shall reside in the city of San Rafael; and

6. In addition to the five (5) council-appointed board members and one (1) alternate member, one (1) planning commissioner shall attend board meetings. This liaison planning commissioner shall be appointed by the commission chairperson. An additional commissioner shall be appointed to serve as an "alternate liaison" in case of absence. The planning commission liaison should be present at all design review board meetings to offer advice and direction to the board on matters of commission concern.

Alternate Member. The alternate member may temporarily fill a vacancy created when a regular member: (1) leaves office prior to completion of the member's term; (2) cannot attend a meeting; or (3) cannot participate on a particular matter due to a conflict of interest.

The city council may establish compensation for members of the design review board by resolution.

2.16.122 Design review board powers and duties.

Subject to the direction and control of the city council, as provided in Section 2.04.030 of this Code, the powers and duties of the design review board shall be:

To serve as an advisory body to the city for the purpose of reviewing and formulating recommendations on all major physical improvements requiring environmental and design review permits, except that an alternate streamlined review process may be allowed for certain eligible projects by ordinance or resolution of the city council.

To serve as an advisory body on other design matters, including minor physical improvements or administrative design permits, referred to the board by the community development director, planning commission or city council.

To provide professional design analysis, evaluation and judgment as to the completeness, competence and appropriateness of development proposals for the use and

setting and to recommend approval, approval with conditions, redesign or denial based on design standards adopted by the city council.
( Ord. No. 2018 , div. 2, 10-3-2022)
Exhibit B: Title 14
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Title 14
ZONING*
Division I GENERAL PROVISIONS
Chapter 14.01 TITLE, COMPONENTS AND PURPOSES

14.01.010 Title.

This title, Title 14 of the San Rafael Municipal Code, shall be known and cited as "the San Rafael Zoning Ordinance," or, "the zoning ordinance."
(Ord. 1625 § 1 (part), 1992).

14.01.020 Components.

A. The zoning ordinance shall consist of the following components:

1. A map, or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the city of San Rafael;

2. Regulations, known as zoning regulations, governing the use of land, and placement of buildings and improvements within the various classes of districts. Such regulations shall include, but not be limited to, property development standards for each district, parking standards, performance standards, and procedural rules for administering the ordinance.

B. A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be kept on file with the city clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect shall also be kept on file in the planning department.

3. The Downtown San Rafael Precise Plan, Form-Based Code and downtown zoning map adopted by separate ordinance and incorporated herein by reference. The Downtown San Rafael Precise Plan and Form-Based Code include certain zoning regulations, governing the land use and placement of building and improvements for those properties within the boundaries of the downtown area, defined by the downtown mixed use district. Where the Downtown San Rafael Form-Based Code is silent on regulations and provisions, the regulations and provisions presented in this Title 14 shall apply.

B. A copy of the zoning regulations and the zoning map, Downtown San Rafael Precise Plan Form-Based code and downtown zoning map, together with a record of all amendments, shall be kept on file with the city clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect shall also be kept on file in the community development department and office of the city clerk (Ord. 1625 § 1 (part), 1992).
( Ord. No. 1996 , div. 2(Exh. A, 1.1), 8-16-2021)
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14.01.030 Purposes.

The San Rafael Zoning Ordinance is adopted to promote and protect the public health, safety, peace, comfort and general welfare. The zoning ordinance is also intended to promote the following more specific purposes:

A. To implement and promote the goals and policies of the San Rafael general plan, so as to guide and manage future development in the city in accordance with such plan; B. To foster harmonious and workable relationships among land uses; C. To reduce or remove negative impacts caused by inappropriate location, use or design of buildings and improvements;
D. To protect, strengthen and diversify the economic base of the city; E. To promote viable commercial and industrial enterprises that provide diverse employment opportunities for city residents;
F. To ensure the adequate provision of light, air, space, fire safety and privacy between buildings; G. To provide adequate, safe and effective off-street parking and loading facilities; H. To promote a safe, effective traffic circulation system, and maintain acceptable local circulation system operating conditions;
I. To promote design quality in all development and to preserve and enhance the city's existing historic, architectural, and cultural resources;
J. To preserve and enhance natural resources and key visual features in the community, including the bay shoreline, canal, wetlands, and hillsides;
K. To protect and conserve the city's existing housing stock; L. To promote housing development to meet housing needs, including affordable housing and special housing needs;
M. To coordinate the service demands of new development with the capacities of existing streets, utilities and public services;
N. To provide for effective citizen participation in decision-making. (Ord. 1625 § 1 (part), 1992).

Chapter 14.02 ORGANIZATION, APPLICABILITY AND INTERPRETATION

14.02.010 Organization.

A. The Zoning Ordinance is divided into five divisions:

I. General Provisions
II. Base District Regulations
III. Overlay District Regulations
IV. Regulations Applying in All or Several Districts
V. Administrative Regulations
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B. Three types of zoning regulations control use and development of property:

1. Land use regulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are contained in Division II of the zoning ordinance. Land use regulations for overlay districts are contained in Division III of the zoning ordinance. Certain regulations applicable in all or several districts are included in Division IV.

2. Development regulations control the height, bulk, and location of structures on development sites and establish other development standards. Development regulations for each base zoning district are in Division II of the zoning ordinance; development regulations for overlay districts are contained in Division III. Certain development regulations, applicable in more than one base or overlay district, are contained in Division IV. These include site and use regulations, performance standards for certain uses, and parking and sign regulations.

3. Administrative regulations contain detailed procedures for the administration of zoning regulations, including requirements for administrative permits, use permits, variances, exceptions, design review permits, zoning ordinance amendments, appeals and enforcement. Administrative regulations are contained in Division V of the zoning ordinance.
(Ord. 1625 § 1 (part), 1992).

14.02.020 General rules for applicability of zoning regulations.

A. Applicability to Property. Zoning regulations shall apply to all land within the city of San Rafael, including land owned by the city of San Rafael and other local, state or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.

B. Applicability to Streets and Rights-of-Way. Public streets, utility and other right-of-ways are the boundaries of the zoning districts. In cases where right-of-ways are abandoned, the centerline shall be used as the district boundary.

C. Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this title.

D. Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance, as defined in Chapter 1.16, Nuisance Abatement, and Chapter 1.20, Nuisances.

E. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.

F. Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other city code, ordinance, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this title.

G. Relation to Private Agreements. This title shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this title imposes greater restriction than imposed by an easement, covenant, or agreement, this title shall control.

H. Application During Local Emergency. The city council may authorize deviations from any provision of this title during a local emergency. Such deviations shall be authorized by resolution of the city council, without notice or public hearing.
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I. Severability. If any section, subsection, sentence or phrase of this title is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this title shall not be affected. It is expressly declared that this title and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one (1) or more other portions of this title would be declared invalid or unconstitutional.

J. Multiple Development Permit Applications. Where a single development project seeks multiple development permit approvals, some of which require planning commission approval and others of which may only be approved by the city council, the following procedure shall obtain. The planning commission shall conduct a public hearing(s) on all such multiple permit applications, together with appropriate environmental documents and shall recommend action to the city council, which shall have exclusive and final approval authority over such multiple permit applications, and which shall pass on the sufficiency of the appropriate environmental documents related to the applications. The provisions of this section shall supersede any zoning ordinance, subdivision ordinance, development application policy and/or provision of the city's environmental assessment procedures manual to the contrary; provided, however, that nothing contained in this section shall modify or affect in any way the public notice and public hearing requirements related to processing of general plan amendments, environmental and design review permit applications, trip permit applications, use permit applications, subdivision applications, zoning ordinance amendment applications, and/or any other discretionary development application, and any findings requirements applicable to the planning commission in connection with such matters shall be requirements of the city council and not the planning commission.
(Ord. 1647 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).

14.02.030 Applicability of land use and development regulations.

A. Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of initial letters from the name of each zoning district.

B. Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:

Base
District
Designator
Base District Name Chapter
R2a Single-family Residential District
Minimum lot size: 2 acres

14.04 R1a Single-family Residential District
Minimum lot size: 1 acre

14.04 R20 Single-family Residential District
Minimum lot size: 20,000 sq. ft.

14.04 R10 Single-family Residential District
Minimum lot size: 10,000 sq. ft.

14.04 R7.5 Single-family Residential District
Minimum lot size: 7,500 sq. ft.

14.04 R5 Single-family Residential District
Minimum lot size: 5,000 sq. ft.

14.04 DR Duplex Residential District
2,500 sq. ft. per dwelling unit

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MR5 Multifamily Residential District
(Medium Density)
5,000 sq. ft. per dwelling unit

14.04 MR3 Multifamily Residential District
(Medium Density)
3,000 sq. ft. per dwelling unit

14.04 MR2.5 Multifamily Residential District
(Medium Density)
2,500 sq. ft. per dwelling unit

14.04 MR2 Multifamily Residential District
(Medium Density)
2,000 sq. ft. per dwelling unit

14.04 HR1.8 Multifamily Residential District
(High Density)
1,800 sq. ft. per dwelling unit

14.04 HR1.5 Multifamily Residential District
(High Density)
1,500 sq. ft. per dwelling unit

14.04 HR1 Multifamily Residential District
(High Density)
1,000 sq. ft. per dwelling unit

14.04 GC General Commercial District 14.04
NC Neighborhood Commercial District
1,800 sq. ft. per dwelling unit

14.04 O Office District 14.05
C/O Commercial/Office District
1,000 sq. ft. per dwelling unit

14.05 R/O Residential/Office District
1,000 sq. ft. per dwelling unit

14.05 FBWC Francisco Boulevard West
Commercial District

14.05 DMU Downtown Mixed Use District. See Downtown San Rafael Precise Plan Form-Based Code and Downtown Zoning map adopted by separate ordinance.

14.05 I Industrial District
LI/O Light Industrial/Office District
CCI/O Core Canal Industrial/Office District
LMU Lindaro Mixed Use District
PD Planned Development District
M Marine District
P/QP Public/Quasi-Public District
P/OS Parks/Open Space District 14.10
W Water District 14.11
C. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

Overlay District Designator Overlay District Name Chapter 4891-1508-9091 v1
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-H Hillside Development Overlay
District

14.12 -WO Wetland Overlay District 14.13
-E/A Eichler/Alliance Overlay District 14.14
-C Canalfront Review Overlay
District

14.15 (Ord. 1838 § 15, 2005; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 2, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 2.1), 8-16-2021)

14.02.040 Rules for interpretation—Recordkeeping.

A. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

1. District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2. On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3. Any parcels inadvertently not zoned shall be rezoned consistent with the general plan land use designation and surrounding zoning classifications.

B. Land Use Categories. Land use categories include uses having similar characteristics, but do not specify every use or activity that may appropriately be within the category. The planning director shall determine whether a specific use shall be deemed to be within one or more use category or not within any use in this title. The planning director may determine that a specific use shall not be deemed to be within a use category, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of a specific use. Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment, as provided in Chapter 14.27, Amendments.

C. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this title or its application to a specific site, the planning director shall determine the intent of the provision. Where general plan policy indicates a site-specific use not otherwise allowed by the zoning district, that use may be allowed with a use permit, subject to the approval of the planning commission.

D. Appeals. An interpretation of the zoning map, use classifications, or zoning regulations by the planning director may be appealed to the planning commission, as provided in Chapter 14.28, Appeals. (Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

14.02.050 Effect of this title on approved projects and projects in process.

A. Use permits, variances, design permits, and tentative subdivision maps which are valid on the effective date of the ordinance codified in this title shall remain valid until their expiration date. These projects can be built in accord with the development standards in effect at the time of approval, provided that the use permit or design approval is valid at the time building permits are issued and that such permit is subject to any time limits imposed pursuant to Title 12, Building Regulations. 4891-1508-9091 v1
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B. No provision of this title shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title, or any subsequent amendment of this title.

C. Any reapplication for an expired permit must meet the standards in effect at the time of reapplication.

D. Any modification of a use permit or variance, or any major modification of an environmental and design review permit or building permit issued prior to the date of the ordinance codified in this title must conform to the standards in effect at the time of the revised application.

E. Any minor modification of an environmental and design review permit or building permit issued prior to the date of the ordinance codified in this title may be subject to the standards in effect at the time of the revised application, as determined by the planning director.

F. Any extension of a use permit must meet the standards in effect at the time of reapplication.

G. An environmental and design review permit, or of a variance which has been approved as part of an environmental and design review permit, may be extended under the standards in effect at the time of approval up to two (2) years after the effective date of the ordinance codified in this title. Extensions of such permits after two (2) years of the effective date must meet the standards in effect at the time of reapplication.

H. Projects for which public hearings are not complete prior to the effective date of the ordinance codified in this title shall be subject to the use regulations, development standards, and all other requirements of this title.
(Ord. 1625 § 1 (part), 1992).

Chapter 14.03 DEFINITIONS

14.03.010 Purpose and applicability.

The purpose of this chapter is to promote consistency and precision in the application and interpretation of zoning regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout Title 14, except where the context or use of such words or phrases clearly indicates a different meaning or construction intended in that particular case. (Ord. 1625 § 1 (part), 1992).

14.03.020 Rules for construction of language.

A. The particular shall control the general.

B. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1. "And" indicates that all connected words or provisions shall apply.

2. "Or" indicates that the connected words or provisions may apply singly or in any combination.

3. "Either...or" indicates that the connected words or provisions shall apply singly but not in combination.

C. In case of conflict between the text and any illustration, the text shall control.

D. The word "shall" is mandatory and not discretionary. The words "may" and "should" are permissive and discretionary.
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E. References in the masculine and feminine genders are interchangeable.

F. "Including, but not limited to" means that the definition is applicable to the examples that are cited, and to other examples that are not cited, which are deemed to be similar in purpose and consistent with the intent of the definition.

Unless the context clearly indicates the contrary, words in the present and the future tense are interchangeable, and words in the singular and plural are interchangeable. (Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 3, 6-21-2010)

14.03.030 Definitions.
"A.M. peak hour" means the number of vehicular traffic movements entering and exiting a site during the highest volume consecutive sixty (60) minutes in the a.m. peak period from seven a.m. (7:00 a.m.) to nine a.m. (9:00 a.m.) on the local street system.
"Accessory dwelling unit" ("ADU") means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An ADU also includes the following: an efficiency unit, a manufactured home, as defined in Section 18007 of the Health and Safety Code. A junior accessory dwelling unit is considered an ADU subject to additional defined standards. An ADU is not considered to exceed the allowable density for the lot upon which it is located. An ADU is considered a residential use consistent with the general plan and zoning designation for the lot. "Accessory structure" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building and use that requires a foundation or structural support on the ground. Accessory structures include, but are not limited to, garages/carports, gazebos, greenhouses, storage sheds, freestanding solar panel arrays, small wind energy systems, cabanas, studios, sport courts, spas, hot tubs and pools. Accessory structure would not include a "tree house" that does not have a foundation support on the ground or require a building permit. See also "Accessory dwelling unit". "Accessory use" means a use clearly subordinate or incidental and directly related to a permitted use or conditionally permitted use. The general thresholds for considering whether a use is an accessory use include whether the: a) floor area dedicated to the use is less than twenty-five percent (25%) of the total area; b) amount of business, revenue or activity generated by the use is less than twenty-five percent (25%) of the main use; c) hours of operation and intensity of operation are similar to the primary use; and d) uses are composed in separate and demised tenant spaces.
"Addition" means a structure added to the original structure at some time after the completion of the original.
"ADU" see definition for "Accessory Dwelling Unit."
"Affordable housing unit(s)" means those dwelling units as described herein which are required to be rented at affordable monthly rents to very-low, low, and moderate-income households, or purchased at an affordable sales price to low and moderate-income households.
"Affordable monthly housing cost" for ownership units means that no more than thirty-three percent (33%) of household income is required for total housing cost including principal and interest payment on the mortgage, private mortgage insurance payments, property taxes, property insurance and homeowners' association dues. 4891-1508-9091 v1
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"Affordable monthly rent" means the monthly rental rate plus a utility allowance for tenant-paid utilities as determined by the Marin Housing Authority that together does not exceed thirty percent (30%) of the monthly income of the specified income level.
"Affordable sales price" means the sales price for an affordable ownership unit as set forth in the below market rate housing agreement between the city and the developer. "Alteration" means any change or modification in construction. "Animal care facility" means a use providing grooming, housing, medical care, or other services to animals, including veterinary services, animal hospitals, overnight or short-term boarding ancillary to veterinary care, indoor or outdoor kennels, and similar services.
"Animal keeping" or "keeping of animals" means the ownership, possession, custody, control or sheltering of an animal for fourteen (14) or more consecutive days, by any person on private property for noncommercial purposes.
"Antenna" means any system of poles, panels, rods, reflecting dishes, wires or similar devices used for the transmission or reception of electromagnetic waves or signals. "Antenna structure" means an antenna array and its associated support structure, such as a monopole or tower.
"Antenna, building-mounted" (also known as facade-mounted) means any antenna mounted to a building or rooftop equipment screen that transmits or receives electromagnetic signals. "Antenna, ground-mounted" means any antenna which is attached or affixed to a freestanding support structure which has its base placed directly on the ground, specifically including, but not limited to, monopoles or towers.
"Atrium" means a covered entryway or central courtyard, typically open through two (2) or more floor levels, which is nonleasable space and which does not include enclosed stairways, elevators, hallways or similar area. "Awning sign" means a sign placed on the face or surface of an awning. "Banks and financial services" means financial institutions including uses such as banks and trust companies, check cashing, credit unions, foreign currency, holding (but not primarily operating) companies, home loan services, lending and thrift institutions, money wiring, mortgage brokers, other investment companies, securities/commodity brokers, contract brokers and dealers, security and commodity exchanges, and vehicle finance (equity) leasing.
"Banner" means a sign not made of rigid material and not enclosed in a rigid frame, and which is secured or mounted so as to allow movement.
"Bed and breakfast inn" means establishments offering lodging on a less than weekly basis, typically in a converted single-family dwelling, with incidental eating and drinking service for lodgers only provided from a single kitchen.

Billiards. See "Poolhall."
"Boarding house" means a structure or portion thereof where rooms and/or meals for three (3) or more nontransient guests are provided for compensation. Such rooms do not include complete cooking and sanitary facilities. Includes single-room occupancy development. Excludes the bona fide sharing of the rent or ownership costs of housing and/or the sharing of expenses for meals. "Boat docking facility" means a fixed structure, typically made of wood or concrete, connected to land which is used to secure boats and provide dry pedestrian access to land. 4891-1508-9091 v1
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"Bonus trip allocation" means nonparcel-specific "extra" trips that are reserved for developments providing significant amounts of affordable housing or needed neighborhood, serving commercial or other specified uses for public benefit.
"Brew pub" means an establishment where beer, ale or malt liquors are produced and served to customers.

May also include restaurant services.
"Buffer" means a land area used to separate and/or protect one use from another, or to shield or block noise, lights, or other nuisances.
"Building" means any structure used or intended for supporting or sheltering any use or occupancy. "Building stepback" means a limitation on the height of structures within the building envelope which is required to avoid excessive building bulk viewed from downhill lots and front and street side elevations. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
"Cannabis delivery" means the commercial transfer of medicinal cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform. This sort of use is regulated by the State of California as a Type 9 Cannabis license.
"Cannabis distribution distributor" purchases, sells, arranges for testing, conducts quality assurance review of packaging and labeling, stores/warehouses and transports cannabis goods between medicinal licensees. "Cannabis manufacturing" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. Manufacturing includes the processes of extraction, infusion, packaging or repackaging, and labeling or relabeling of cannabis products.
"Cannabis testing/lab" means a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products (either medicinal and adult use) as further defined in SRMC 10.96.040. This sort of use is regulated by the State of California as a Type 8 Cannabis license. "Caretaker's residence" means a dwelling unit on the site of a commercial, industrial, public or semi-public use, occupied by a guard or caretaker.
"Carport" means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than two (2) sides.
"Changeable copy sign" means a sign which, in part or whole, provides for periodic changes in the sign copy.

Examples include signs for an auditorium, theater, church, meeting hall or similar use having changing programs or events, but do not include electronic reader board signs. Signs on which the only change is a periodic price change for the product or products customarily sold on premises and on which the location, size and color of the numbers remain constant are not considered changeable copy signs. "City" means the City of San Rafael.
"Clinic" means a place where patients are studied or treated by physicians specializing in various ailments and practicing as a group; the dispensary or outpatient department of a hospital or medical school, where patients are treated free or for a small fee; a place where a group of physicians are available for extended hours, on a dropin basis with no regular patients. 4891-1508-9091 v1
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"Club" means a nonprofit association of persons, whether incorporated or unincorporated, organized to pursue common goals, interests or activities, but not including a group organized solely or primarily to render a service customarily carried on as a business.
"Cluster" means a development technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and/or preservation of environmentally sensitive features.
"Cocktail lounge" means a use providing preparation and retail sale of alcoholic beverages, on a licensed "onsale" basis, for consumption on the premises, including taverns, bars and similar establishments where food service is subordinate or accessory to the sale of alcoholic beverages. Cocktail lounge does not include a full service alcohol or beer and wine bar that is established and operated as an accessory use within a full-service restaurant, provided that the bar is integrated within and open to the main dining area, and operating during the same hours as the primary food service use.
"Coin-operated amusement device" means a machine which, upon the insertion of a coin or similar, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement, and which contains no automatic payoff device for the return of money, coins, tokens or merchandise.
"Co-location" means the location of two (2) or more wireless communication facilities on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communication facilities with other types of preexisting structures, including, but not limited to, water tanks, light standards, outbuildings and other utility facilities and structures. "Community development director" means the head of the community development department and is synonymous with "planning director," as used in this code. "Community garden" means any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land. The land may produce fruit, vegetables, and/or ornamentals. Community gardens may be found in neighborhoods, schools, connected to institutions such as hospitals, and on residential housing grounds subject to defined standards, as specified in Section 14.16.286 of this title. A community garden shall be operated by a public entity or non-profit organization. "Contractor's yard" means a use providing storage of equipment, materials and vehicles for contractors who are in trades involving construction activities which include, but are not limited to, plumbing, painting, electrical, roofing and carpentry, including incidental services and offices. Contractor's storage yards may include the maintenance and outdoor storage of large construction equipment such as earthmoving equipment, cranes and outdoor storage of building materials.
"Convenience store" means a sales establishment occupying a public retail sales area of generally up to five thousand (5,000) gross square feet, for purpose of selling prepackaged food and beverage products and other retail merchandise oriented to convenience and travelers' shopping needs. Convenience stores are distinguishable from "grocery stores and supermarkets" in that they carry a limited range of items and are typically contained in a smaller retail space (generally, less than five thousand (5,000) gross square feet). See "mini-market" definition for a retail store operated in conjunction with a gasoline station with a retail sales area that is less than one thousand (1,000) gross square feet in size.
"Creek" means a perennial, intermittent or ephemeral open watercourse, which has a defined bed and bank and connect to other water bodies, as shown on the San Rafael General Plan watershed and creeks map. Creek also includes unmapped tributaries to the bay to the point at which they have a defined bed and bank. Creek is distinguishable from a "drainageway."
"Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below the original ground surface or excavated. 4891-1508-9091 v1
Created: 2024-01-05 11:50:25 [EST]
(Supp. No. 36, Update 2)

"Day care facility" means an existing or proposed building, equipment and any accessory structures in which there are programs and personnel licensed by the state for direct child or adult care services, including, but not limited to, shelter, food, education and play opportunities, for fewer than twenty-four (24) hours per day. There are three (3) basic types or designations of child or adult care facilities:

1. Family day care home, small (a dwelling unit licensed for the care of eight (8) or fewer children or adults), or as otherwise defined by state law;

2. Family day care home, large (a dwelling unit licensed for the care of nine (9) to fourteen (14) children or adults), or as otherwise defined by state law;

3. Day care center (a facility licensed for the care of more than fourteen (14) children or adults). "Day services center" means a program which provides a wide variety of counseling, referrals, and other nonmedical, nonresidential services daily to more than twelve (12) persons. "Deck" means a platform requiring ground supports which is roofless and not enclosed, and which is commonly used for recreation purposes.
"Density bonus" means concessions or incentives for additional housing density beyond such regulations contained for residential development within the San Rafael Municipal Code or the San Rafael general plan, for projects that are consistent with the requirements of Government Code Section 65915 and/or Section

14.16.030(H)(1) of the San Rafael Municipal Code.
“Design professional” see definition in San Rafael Municipal Code Section 2.16.040. "Development" or "development project" means any subdivision, other division of land or condominium conversion; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any change in use or extension of the use of land.
"Directional sign" means any sign, which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to provide direction to the public. Such a sign contains no advertising copy.
"Directory sign" means an identification sign listing the tenants of a building, or the bulletin board of a public, charitable, religious, or fraternal institution used to display announcements relative to meetings and activities to be held on the premises and/or displaying the names of the officers of the organization. "Discount store" means a building or group of buildings typically providing regional market-base discount sales of retail items.
"Dispensary" means a storefront or facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale. "Displaced person" means any person: (1) who lawfully occupies rental property as a primary place of residence; (2) whose continued occupancy of the rental property would be inconsistent with a proposed development project; and (3) whose tenancy is terminated by the owner, whether by the owner's termination of the lease or tenancy or the owner's refusal to renew the lease or tenancy, unless the tenancy is terminated because of a default under the lease by the tenant.
"Distribution" means a use engaged primarily in delivery of manufactured products, supplies and equipment, including incidental storage and sales activities.
"Double-faced sign" means a sign consisting of two (2) sign faces, which are placed back-to-back, so that only one sign face is visible from any one location.
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"Downtown" encompasses those properties and parcels within the boundaries of the downtown mixed use (DMU) district. The downtown mixed use district encompasses the geographic area presented on the following map:
"Downtown parking district" means the area which encompasses the boundary generally between Hetherton and E Streets, and Second Street and Fifth Avenue, as shown on map contain in the Downtown San Rafael Precise Plan adopted by separate ordinance.
"Drainageway" means:
(1) An open swale or localized depression that lacks defined banks, which transports stormwater to creeks, wetlands or water bodies such as the bay; and
(2) Man-made open ditches or channels (typically with low habitat value) which drain developed properties. Drainageway is distinguishable from a "creek." "Driveway" means a private roadway providing vehicular access to dwelling(s), structure(s) or parking spaces. "Dwelling unit" means one or more rooms designed, occupied or intended for occupancy as separate living quarters for the exclusive use of one household, with a kitchen, sleeping facilities, and sanitary facilities.

Dwelling unit, second. "Second dwelling unit" means an additional, separate dwelling unit meeting defined standards, as specified in Section 14.16.285 of this title, and located on the same lot as a single-family dwelling within a residential district.
"Egress" means an exit.

Emergency shelter for the homeless, permanent. "Permanent emergency shelter for the homeless" means a permanent residential facility operated by a provider which provides emergency housing or temporary accommodations year-round to homeless persons and/or families on a nonprofit basis, and which meets the standards for shelters contained in this title. A facility under this section does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.

Emergency shelter for the homeless, temporary or rotating. "Temporary or rotating emergency shelter for the homeless" means a nonprofit temporary or emergency housing facility for individuals and families authorized to operate up to six (6) consecutive months. A facility under this definition does not include temporary shelter provided by general relief in the wake of a disaster where assistance by the American Red Cross and/or federal disaster relief is provided.
"Emergency shelters" means housing as defined under the State Health and Safety Code Section 50801(e); i.e., with minimal supportive services for homeless person(s) that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay.

Entertainment, live. See "Live entertainment."
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"Equipment cabinet" means a cabinet, structure, or building used to house equipment associated with a wireless communication facility.
"Equivalent alternative action" means actions performed by a developer that the city council, in its sole discretion, determines will further the affordable housing goals of the city to an equal or greater extent than compliance with the requirements herein.
"Excavation" means removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

Family day care, large. See "Day care facility."
Family day care, small. See "Day care facility."
"Fast food restaurant" means a facility which specializes in rapidly prepared foods and beverages, served with dispensable (such as paper or plastic) plates and utensils for on- or off-site consumption. Table service is generally limited to delivery of counter-ordered meals and busing. Service to persons in vehicles may be a function of fast food restaurants. Fast food restaurants have high customer volume and high traffic generation, plus one or more of the following elements:

1. Drive-through service;

2. Late/early hours of operation (open after eleven p.m. (11:00 p.m.) or before six a.m. (6:00 a.m.));

3. Potential litter problems;

4. Noise (for example, from drive-through intercoms);

5. Potential outdoor gathering places.
"Federal Communication Commission (FCC)" is an independent United States government agency responsible for the regulation of interstate and international communications by radio, television, wire, satellite and cable.
"Fence" means an artificially constructed barrier of any material or combination of materials serving to enclose or screen areas of land.
"Fill" means earth or any other substance or material, including pilings, placed or deposited by humans. "Financial services" see "Banks and financial services" "Firearms dealer" means any person licensed to sell, lease or transfer firearms pursuant to California Penal Code Section 12071(a)(1).
"Fitness/recreation facility" means facilities providing equipment and areas for exercise, training, recreation and classes for individuals, groups or both. Examples of these facilities include, but are not limited to: health clubs, gymnasiums, indoor sports facilities, rock climbing facilities, etc. These facilities are primarily drop-in facilities, and may include accessory instructional uses. See "School, specialized education and training" definition for uses primarily involving instructional or educational training. "Flashing sign" means any sign which is perceived as an intermittent or flashing light. Time and temperature signs are excluded from the category of flashing signs. "Floor area ratio (FAR)" means the total building square footage (gross floor area) divided by the land area, as further defined in Section 14.16.150, Floor area ratios applicable to nonresidential development. "Food service establishment" means a business serving food and/or beverages such as a restaurant, café, coffee shop, cocktail lounge or brew pub. Food service establishment is distinguishable from a "food service establishment, high volume" and "fast food restaurant" by volume, food type and/or service. 4891-1508-9091 v1
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(Supp. No. 36, Update 2)

Food service establishment, high volume. "High volume food service establishment" means a food service establishment over one thousand (1,000) square feet in size which serves more than two hundred (200) lunches daily or equivalent volume at other mealtimes.
"Fortunetelling" means the telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force.
"Fractional unit" occurs when the required percentage of affordable housing units results in less than one unit or a combination of affordable housing units and less than one full unit. For example: total number of new units twelve (12) multiplied by the required affordable housing units fifteen percent (15%) results in one full unit and a .80 fractional unit or eighty percent (80%) of a full unit. "Freestanding sign" means any sign that is designed and constructed as a stand alone structure, which is selfsupporting on the ground, not affixed to or attached to a building. Types of freestanding signs include pole or pylon signs and monument signs.
"Frontage, business or use" means the front face or front elevation of a building containing a single business or use that is most parallel to and fronts on a public street, public right-of-way, public parking lot or public parking garage. Frontage width is measured in linear feet.
"Game arcade" means a use with five (5) or more coin-operated amusement devices. "Garage" means a building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. Includes public and commercial parking facilities. See also "Carport." "Gasoline station" means a facility which dispenses automotive fuel to the general public. "Grade" means the point of elevation as determined by the methods prescribed in the latest edition of the Uniform Building Code adopted by the city.
"Grading" means any cutting or excavation, filling or combination thereof. "Grocery store and supermarket" means a retail business where the majority of the floor area that is open and accessible to the public is occupied by produce, food and beverage products, and household items that are packaged for preparation and consumption for daily living needs. Grocery stores and supermarkets are distinguished from "convenience stores" in that they typically contain a retail floor area greater than ten thousand (10,000) gross square feet. Smaller grocery stores may occupy a retail floor area between five thousand (5,000) and ten thousand (10,000) gross square feet. Supermarkets generally offer a greater variety of products and household items, and may also include accessory uses within the retail sales area including, but not limited to, a pharmacy, café, or financial services.

Gross building square footage, hillside areas. "Hillside areas gross building square footage" means the sum of all enclosed or covered areas of each floor or all structures on the site, measured to the exterior of the enclosing walls, columns or posts including basement areas, unfinished attic or loft spaces and other areas capable of being finished into habitable space as determined by the California Building Code; garages and carport areas six feet (6') or more above the natural grade, measured to the exterior face of surrounding walls, column, or posts; other roofs or covered areas supported by walls, columns or posts and capable of being enclosed, measured to the exterior face of surrounding walls, columns or posts; roof penthouses; and accessory structures greater than one hundred twenty (120) square feet in floor area. Excluded are areas permanently open to the sky; exterior areas under roof eaves, trellises or cantilevered overhangs and attic spaces and underfloor spaces that are not capable of being finished into habitable space.
"Gun shop" means an establishment or person engaged in the sale, lease or transfer of firearms pursuant to California Penal Code Section 12071(a)(1).
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Created: 2024-01-05 11:50:25 [EST]
(Supp. No. 36, Update 2)

"Handicapped" means a person with a physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988). "Height, downtown mixed use district" means the height of all structures, fences and walls located within the downtown mixed use district measured in accordance with the methodology presented in the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance. "Height, hillside" means the height of all structures, fences and walls measured vertically from the existing (e.g., natural) grade to the uppermost point of the roof edge, wall parapet, mansard or other feature above the existing grade at any given point. See illustration below. "Height, non-hillside " means the vertical distance above a reference datum measured to 1) The highest point of the coping of a flat roof or to the deck line of a mansard roof or 2) To the average height of the highest pitched roof (see Figure 3 for various roof types.) The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior wall (Figure 1) of the building when such sidewalk or ground surface is not more than ten (10) feet above the lowest adjoining sidewalk or ground surface within a 5-foot horizontal distance of the exterior of the building (see Figure 2A).

2. An elevation ten (10) feet higher than the lowest grade when the highest adjoining sidewalk or ground surface described in Item 1 above is more than ten (10) feet above lowest grade (see Figure 2B).

The height of a stepped or terraced building may be determined based on the existing grade condition at each distinctive building segment, as determined by the community development director. 4891-1508-9091 v1
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(Supp. No. 36, Update 2)

"High top of creek bank" means the side of a creek, the top of which shall be the topographic line roughly parallel to the creek centerline, where the side slopes intersect the plane of the ground traversed by the creek.

Where the banks do not distinguishably end, the surrounding country being an extension of the banks, the top of such banks shall be determined by the planning director. "Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section

14.16.220, Home occupations, but not including those facilities defined as short-term rentals in Section 14.03.030 of this Code.
"Hospital" means a facility providing medical, psychiatric or surgical services for sick or injured persons primarily on an in-patient basis, including facilities for out-patient and emergency treatment, diagnostic services, training, research and administration, and services to patients, employees or visitors. "Hotel" means any building or portion thereof designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet and recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities. 4891-1508-9091 v1
Created: 2024-01-05 11:50:25 [EST]
(Supp. No. 36, Update 2)

"Household" means one or more persons, whether or not related by blood, marriage or adoption, jointly occupying a dwelling unit in a living arrangement characterized by the sharing of common living areas, including area and facilities for food preparation. Indicia of a separate household include, but are not limited to, one (1) or more of the following: a separate exterior entrance, a separate address, a separate mail box designation, a separate utility service or meter, a separate cable television line, and the existence of a rental advertisement for the separate living quarters immediately preceding their occupancy. "Identification sign" means a sign which serves to identify only the name, address and lawful use of the occupant, business or use upon which the sign is located, and which may include the emblem or insignia when used by an organization.
"Improvement" means the construction, alteration and repair of all buildings, structures and facilities permanently affixed to real property and appurtenances thereto. "Informational sign" means a sign which is designed and erected solely for the purpose of communicating information for the safety or convenience of the public. Examples of such signs include no smoking, restrooms or telephone.
"Ingress" means access or entry.
"JADU" see definition for "Junior Accessory Dwelling Unit." "Junior accessory dwelling unit" ("JADU") means an accessory dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within the walls of a proposed or existing single-family residential space and meets the additional standards provided in section 14.16.285 C.2. "Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section

14.16.225).
"Kitchen" means any portion of a structure equipped, used or intended to be used for the storage, preparation, and cooking of foods with proximal arrangement of two (2) or more of the following: (a) sink (other than that associated with a bathroom), (b) food storage and preparation areas, (c) refrigerator, or (d) cooking appliances including a stove, microwave oven, convection oven, cooking burners or similar appliances. The storage of food in a pantry, freezer or refrigerator located in any area of the structure shall not, by itself, classify such area of the structure as a kitchen.
"Laboratories" means establishments providing medical or dental laboratory services or establishments providing photographic, analytical, or testing services. "Landscaping" means an area devoted to or developed and maintained with native or exotic plantings including lawn, ground cover, gardens, trees, shrubs or other plant materials; as well as entry areas, courtyards and similar with decorative outdoor landscape elements such as pools, fountains, sculpture, seating and paved or decorated surfaces (excluding driveways, parking, loading, storage areas and sidewalks outside of the entry, courtyard or large planted areas).
"Level of service (LOS)" means a standard qualitative circulation measure describing traffic-operating conditions in terms of speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Six (6) levels of service are defined, from LOS A, representing the best operating conditions, to LOS F, representing the worst.
"Live entertainment" includes the following activities where they occur as part of a commercial use three (3) or more times during a calendar year:

1. Bands, dance bands or disc jockeys;

2. Performances (comedy, music, theatrical, dance) by one or more persons, regardless of whether performers are compensated.
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(Supp. No. 36, Update 2)

A single performer, such as a singer or pianist providing background music (without billing or advertisement) at a restaurant or bar is exempt from this definition.
"Live/work quarters" means an area comprised of one or more rooms that accommodates joint work activity and residential occupancy, and which includes residential occupancy and work activity, and which includes: (1) working space reserved for and regularly used by one or more of the persons residing therein, and (2) cooking, sleeping and sanitary facilities. All living spaces shall be contiguous with and made an integral part of the working space with direct access between living and working areas. "Loading space" means an off-street space or berth used for the loading or unloading of commercial vehicles.

Lodges. See "Clubs."
"Lot" means a specific area of land, the boundaries of which have been established according to the legal requirements in effect at the time the lot was created or which has been issued a certificate of compliance. "Lot area" means the area of the property within the property boundaries as described in the recorded grant deed including any easements, and unaccepted offers and dedications of rights-of-way. Consistent with Section

15.06.030 (subdivision design standards), the panhandle portion of a flag lot that is primarily used and intended for access shall not be included in lot area for purposes of development and application of development standards. "Lot coverage" means that portion of the lot covered by buildings, including stairways; covered walkways; covered patios; covered parking structures; covered decks or uncovered decks over thirty inches (30") in height; and detached recreational and storage structures that are greater than one hundred (120) square feet in size. Lot coverage excludes residential fences, ground level landscaped areas, walkways and paved areas, uncovered patios and decks thirty inches (30") or less in height, uncovered recreational and uncovered parking and driveway areas, detached garden sheds, tool sheds, playhouses and similar detached accessory structures that do not require a building permit and are not greater than one hundred twenty (120) square feet in size and no taller than eight feet (8') in height, and portions of structures that are located below grade. "Lot depth" means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. "Lot line", see "Property line."
"Lot width" means lot area divided by lot depth.

Lot, corner. "Corner lot" means a lot bounded on two (2) or adjacent sides by street lines, providing that the angle of intersection does not exceed one hundred thirty-five degrees (135º). "Lot, panhandle/flag" means a lot that is served by a narrow strip of land that is primarily intended and used for gaining access to a major portion of the lot or parcel. See Title 15, subdivisions, for regulations addressing the formation of a flag or panhandle lot.

Lot, reverse corner. "Reverse corner lot" means a corner lot, where the rear yard of a lot is adjacent to the side yard of an adjoining lot.

Lounge, cocktail. See "Cocktail lounge."
Low income. See "Affordable housing."
"Low income household" means households earning less than eighty percent (80%) of county median income according to the latest Federal Housing and Urban Development Department income limits table (or similar table provided by the Marin Housing Authority), or as otherwise defined by resolution of the city council. "Mansard sign" means any sign attached to or supported by a sloped roof element such as a mansard or gable.
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(Supp. No. 36, Update 2)

"Manufactured home" means a single-family detached structure that is manufactured under the authority of 42 U.S.C. Section 5401, the National Manufactured Home Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes or mobile homes. "Marina" means a facility for storing, servicing, fueling, berthing and securing and launching of private pleasure craft or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests.
"Market rate housing units" means dwelling units in a residential or mixed-use project that are not affordable housing units.
"Marquee sign" means any sign that is on top, attached to the face of or suspended below a marquee, canopy, cantilevered covered walkway, or arcade, whether parallel to or at right angles with the face of the building.
"Massage" and/or "bodywork" means the skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on, or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. "Massage and/or bodywork office or establishment" means any establishment having a fixed place of business, vehicle or vessel, where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on as regular functions any massage and/or bodywork activities as defined above. Any establishment engaging in or carrying on, or permitting any combination of massage and/or bodywork shall be deemed a massage and/or bodywork office or establishment. "Massage and/or bodywork practitioner" means any individual who, for any consideration whatsoever, engages in the practice of massage and/or bodywork, whether or not employed on the premises of a massage and/or bodywork office or establishment or acting as an independent contractor or as an owner. "Median income" means the median household income for the San Francisco Primary Metropolitan Statistical Area (PMSA)—comprised of San Francisco County, San Mateo County and Marin County—as published by the United States Department of Housing and Urban Development (HUD), Office of Economic Affairs, Economic and Market Analysis Division, with adjustments for smaller or larger households made according to HUD's standard adjustment factors for household size, or as otherwise defined by resolution of the city council. "Medical cannabis" or "medicinal cannabis" means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), as further defined by SRMC

10.96.040.

Medical office. See "Office, medical."
"Mini-market" means a retail sales establishment operated in conjunction with a gasoline station, occupying a retail sales area open to the public between one hundred (100) square feet and one thousand (1,000) square feet, for the purpose of selling prepackaged food, beverages and similar small convenience items to gasoline station customers.
"Mixed-use project" means a development in which more than one use is combined in a single building or on a single site.
"Mobile home" means a structure, transportable in one or more sections, with or without a permanent foundation, designed to be used as a dwelling unit and connected to the required utilities. A mobile home does not include a recreational vehicle, motor coach, trailer coach or travel trailer. "Mobile home lot" means a plot of land for placement of a single mobile home within a mobile home park; a mobile home pad.
"Mobile home park" means a residential facility with two (2) or more mobile home lots available for rent, lease or purchase, and providing services and facilities for the residents. 4891-1508-9091 v1
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"Moderate income household" means a household with total gross annual earnings of less than one hundred twenty percent (120%) of median income as defined in this section. "Monument sign" means a freestanding sign that is supported by a solid base or foundation rather than a pole or post.
"Motel." See "Hotel."
"Motor vehicle repairs and maintenance" means the repair, alteration, restoration, towing, painting, cleaning or finishing of vehicles as a primary use including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use is distinguished by two (2) categories: major repair of vehicles, which includes, but is not limited to, facilities providing major engine work, body work, and vehicle painting; and facilities providing minor repair and maintenance, which includes, but is not limited to, tune-ups, replacement and repair of brakes, batteries, tires, mufflers, and upholstery.
"Multiple copy sign" means a sign which advertises more than one business or use and the principal product or service.
"Multi-tenant sign" means a sign, which displays a list of multiple tenants, businesses or uses in one or more buildings located on one site.
"Mural" means a large painting that is executed directly on or permanently affixed to the surface of a wall depicting, among others, a scene or art.
"Mural sign" means a mural that depicts or includes written script, logo or art that is intended to display or advertise the sale of goods or services shall be considered a sign, subject to the provisions of Chapter 14.19, Signs. "Nameplate" means a sign containing either or both the name of the occupant or building and the address of the site.
"Natural state" means all portions of lots that remain undeveloped and undisturbed. Grading, excavating, filling and/or the construction roadways, driveways, parking areas and structures are prohibited. Incidental minor grading for hiking trails, bicycle paths, equestrian trails, picnic areas and planting and landscaping which enhances the natural environment are permitted when approved through an environmental and design review permit.

Needed neighborhood-serving use. For the purposes of bonus trip allocations, "needed neighborhoodserving uses" consist of those needed service uses identified in a neighborhood plan, the general plan or as determined by resolution of the planning commission and/or city council. "Nonconforming structure" means a structure or building, the size, dimensions or location of which was lawful prior to the adoption of this title or any subsequent revision or amendment, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. "Nonconforming use" means a use or activity which was lawful prior to the adoption of this title, or any subsequent revision or amendment of this zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district. "Office, administrative" means an office-type facility used for administrative purposes, and/or occupied by a business engaged in the production of intellectual property. Examples of these uses include, but are not limited to, advertising agencies, commercial art and design services, construction contractors (office facilities only), design services including architecture, engineering, landscape architecture, urban planning, educational, scientific and research organizations, media postproduction services, news services, photography studios, and writers' and artists' offices.
"Office, business" means an establishment providing direct services to consumers. Examples of these uses include, but are not limited to, employment agencies, insurance agent offices (small-scale customer service offices, not administrative), real estate offices, travel agencies, utility company payment offices (not administrative). This use does not include banks and financial services, which are separately defined. 4891-1508-9091 v1
Created: 2024-01-05 11:50:25 [EST]
(Supp. No. 36, Update 2)

Office, general. "General office" means a use providing administrative, professional or business services.

Office, medical. "Medical office" means a facility, other than a hospital, where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. A medical office use would provide consultation, diagnosis, therapeutic, preventative or corrective treatment services by doctors, dentists, medical and dental laboratories, chiropractors, counselors, physical therapists, respiratory therapists, acupuncturists and psychiatrists, and similar practitioners of medical and healing arts for humans licensed for such practice by the state of California. Medical office uses typically require use of specialized medical equipment and medical training to evaluate, diagnose and administer treatments, medication or therapies which require a prescription (including administering oxygen or performing dialysis, and sleep diagnostics facilities); increased support staff needs; multiple patient treatment rooms; and patient waiting areas. Counseling services and other services provided by nonmedical professionals may also be included under "offices, general." "Office, professional" means an office-type facility occupied by a business providing professional services.

Examples of these uses include, but are not limited to, accounting, auditing and bookkeeping services, attorneys, counseling services, court reporting services, detective agencies and similar services, financial management and investment counseling, literary and talent agencies, management and public relations services, psychologists, secretarial, stenographic, word processing and temporary clerical employee services. "Official sign" means a sign required by a governmental body that is to discharge its legally required functions.
"On-site" means located on the lot that is the subject of an application for development. "Open space" means any lot or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. "Open water" means submerged lands lying below 4.5 NGVD (mean sea level datum) and/or as shown on the San Rafael zoning map.
"Outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment. "Outdoor storage" means the keeping in an unroofed area of any goods, junk, material, merchandise or vehicles in the same place for more than twenty-four (24) hours. "Overhang" means the part of a roof or wall which extends beyond the facade of a lower wall. "Owner or operator" (also "provider or service provider") means the person, entity or agency primarily responsible for installation and maintenance of a wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located. "P.M. peak hour trip" means the number of vehicular traffic movements entering and exiting a site during the highest volume consecutive sixty (60) minutes in the p.m. peak period from four p.m. (4:00 p.m.) to six p.m. (6:00 p.m.) on the local street system.

Parcel. See "Lot."
"Parking access" means the area of a parking lot that allows motor vehicles ingress and egress from the street.
"Parking area" means any public or private land area designed and used for parking motor vehicles, including, but not limited to, parking lots and garages.

Parking facility. See "Parking area."
"Parking lot" means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
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"Parking space" means a space for the parking of a motor vehicle within a public or private parking area. "Pedestrian-oriented design" means design qualities and elements that contribute to an active, inviting street-level environment, making the area a safe and attractive place for pedestrians. "Performance standards" mean a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed.
"Personal service" means provision of service of a personal nature. This classification includes, but is not limited to, barber and beauty shops, nail/manicure shops, dry cleaners, tailors, shoe repair shops, cosmetologist, skin-care consultant, esthetician, massage/bodywork and acupressure. "Planning director" is synonymous with "community development director," as used in this Code. "Pole or pylon sign" means a freestanding sign that is supported by a pole or post. "Poolhall" means any use with two (2) or more billiard tables. "Portable sign" means a sign that is constructed or designed to roll, slide or be moved from one location to another. Examples of portable signs include, but are not limited to, an A-frame sign and an I-frame sign. "Private yard area" means a usable outdoor area adjoining a unit and intended for the private enjoyment of the occupants of the unit. Private yard area shall be defined such that its boundaries are evident. Private yard area may include balconies, decks, patios or porches.

Project. See "Development."
"Projecting or blade sign" means any sign, which projects from the face of a building and is supported by brackets, a projecting post or frame that is anchored to the building face. A blade sign is a small projecting sign. "Property line" means the recorded boundary of a lot or parcel of land. When two (2) property lines meet or join at an angle that is greater than one hundred thirty (130) degrees, they are considered the same property line for the purpose of defining one (1) yard area and determining required yard setbacks. "Public access" means permanent pedestrian, bicycle and/or vehicular access in or adjacent to natural amenities for study or enjoyment.
"Public improvement" means any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services.

Recreation facility. "Recreational facilities" may include, but are not limited to, community centers, swimming or wading pools, spas, court facilities (such as tennis, basketball, or volleyball), picnic or barbecue areas and enclosed tot lot facilities with play equipment.
"Related equipment" means all equipment ancillary to the transmission and reception of any signal via radio frequencies. Such equipment may include, but is not limited to, cable, guy wires, conduit, conductors and power lines and their supporting poles associated with a wireless communication facility. "Religious institution" means a use located in a permanent building and providing regular or organized religious worship and religious education incidental thereto, but excluding a private educational facility. A property tax exemption obtained, pursuant to the Constitution of the State of California and of the Revenue of Taxation Code of the State of California, shall constitute prima facie evidence that such use is a religious institution as defined herein. Religious institution includes a seminary, retreat, monastery and conference center of similar use for the conduct of religious activities, including accessory housing incidental thereto, but excluding a private educational facility.
"Relocation assistance" means the provision of rental assistance to low-income residential unit tenants that are: a) required to vacate a dwelling unit due to unit renovation, conversion or demolition proposed in conjunction 4891-1508-9091 v1
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with a development project or property improvements; and b) permanently displaced from the premises by a landlord or property owner, where the tenant is required to seek and secure new housing. A permanently displaced resident qualifying for relocation assistance shall be a tenant of record listed either on a current lease or rental agreement that meets the County of Marin criteria as a low-income household. Relocation assistance is administered under Section 14.16.279 of this Title.
"Research and development facility" means a use engaged in study, testing, design and analysis, and experimental development of products, processes or services, including incidental manufacturing of products or provision of service to others.
"Research and development industry" means establishments primarily engaged in the research, development and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the hearing body, by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes biotechnology firms, and manufacturing of nontoxic computer components. "Research and development services" mean establishments primarily engaged in industrial or scientific research, including limited product testing. Includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.

Residential care facility, large. "Large residential care facility" means a dwelling unit licensed by the state to serve seven (7) or more clients, which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual.

Residential care facility, small. "Small residential care facility" means a dwelling unit licensed by the state to serve six (6) or fewer clients which provides twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
"Residential development project" means a project for the construction or placement of a dwelling unit or an accessory dwelling unit, manufactured home, or a mixed-use development as defined in this section or the subdivision of land for a residential development project or a mixed use project. "Residential, duplex" means one (1) structure on a single lot containing two (2) dwelling units, each of which is functionally separate from the other. This definition includes use of a duplex unit(s) as a household for "transitional housing" and "supportive housing" as defined under the State Health and Safety Code. "Residential, multifamily" means medium and high density residential development, including a "transitional housing development" or "supportive housing" as defined under State Health and Safety Code Section 50675.2 (and subsequent amendments), containing three (3) or more attached dwelling units in one (1) or more structures located on a single parcel or common lot.
"Residential nameplate" means a plate of metal, glass, wood, etc., bearing a person's name, such as is often placed on or near the door of a dwelling or mailbox.
"Residential, single-family" means low density residential development containing one (1) primary residential "dwelling unit" for use by a single household on a single parcel. This definition includes use of a single-family dwelling and/or accessory dwelling unit as a household for "transitional housing" or "supportive housing" as defined under the California Health and Safety Code.
"Retaining wall" means a wall that is constructed to hold back or support an earthen bank, slope or hillside.

Reverse corner lot. See "Lot, reverse corner."
"Ridgeline" means a line following the long axis of a ridge (e.g., a long, narrow, conspicuous elevation of land) or knoll, comprised of the points of the highest ground elevation in locations that have been identified on the 4891-1508-9091 v1
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ridgeline map (aka, "City of San Rafael Ridgeline Map" on file with the planning division). For purposes of review under the -H hillside overlay zoning regulations, a "visually significant ridgeline" shall include the area within one hundred (100) vertical feet of a ridgeline as identified on the San Rafael Ridgeline Map and located within "visually significant hillside, ridges and landforms areas" as designated on the community design map exhibit of the general plan.
"Riparian" means vegetation which is located adjacent to a watercourse or drainageway. "Roof signs" mean any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building or the top of a mansard roof.

Rooming house. See "Boarding house."
School, parochial or private. "Parochial or private school" means any building or group of buildings, the use of which meets state requirements of primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency. "SB 9 housing development" means a development in compliance with the provisions of SB 9 HOME Act of SRMC Section 14.16.282 that contains no more than two (2) primary dwelling units.

School, parochial or private. "Parochial or private school" means any building or group of buildings, the use of which meets state requirements of primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency. "School, specialized education and training" means private school uses offering instruction in areas such as, but not limited to, art, business trade, dance, computers and electronics, drama, driver's education, language, music, performing arts, sports (e.g., individual or group golf or baseball, etc.) or vocational trades. Does not include preschools and child day care facilities (see "day care centers"). "Seasonal outdoor eating area" means any outdoor eating area used in conjunction with a food service establishment which is operated only during the months of March through November. Seasonal outdoor eating areas shall have only temporary, movable perimeter barriers, fixtures and sunshades. "Senior housing" means residential development designed for households occupied by senior citizens. Any age restrictions must be consistent with federal and state requirements. Such development may include central recreation areas and accessory medical facilities.
"Service provider" means any authorized provider or carrier of wireless communications services. "Setback" means the distance between the property line and the exterior wall of a structure, excluding architectural features and other structures referenced in Section 14.16.130 of this title. Building setbacks are measured from established lot lines, irrespective of location of easements. See also definition for "yard". "Shopping center" means a group of commercial establishments, planned, developed, owned or managed as a unit, with off-street parking provided on the site.
"Shopping mall" means an enclosed group of commercial establishments, planned, owned or managed as a unit, with covered, common-gathering areas and off-street parking provided on the site. "Short-term rental" means the rental of all or a portion of a dwelling unit for less than thirty (30) days consecutive tenancy.
"Sign" means any medium for visual communication, which is used or intended to be used to attract attention to a location, use, or subject matter for advertising, instruction, information or identification purposes.

Seasonal decorations, such as holiday greetings and displays that do not include advertising, are not defined as a sign and are not subject to the provisions of this chapter. 4891-1508-9091 v1
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"Sign program" means a program providing a coordinated signing plan for one (1) or more businesses or uses located on one (1) site or several contiguous sites, which utilizes one (1) or more common elements such as color, materials, lettering, illumination, sign type and sign shape.

Single-room occupancy development. See "boarding house." "Site" means a lot or lots used as a unit for the development of a project which may consist of one (1) or more buildings.

Slope, average. The average slope of a parcel shall be calculated using the following formula:

S=
Where S is the average percent of slope; .00229 is the conversion factor for square feet; I is the interval in feet; L is the summation of length of the contour lines in scale feet; and, A is the area of the parcel in acres. "Small lot" means a legally subdivided lot in a given zone which is smaller in width and/or area than minimum requirements now required in the given zone.
"Small wind energy system" means a wind energy conversion system consisting of a freestanding or roof mounted wind turbine and associated control or conversion electronics which is intended to produce energy for use primarily on site.
"Small wireless facility" means a small wireless facility as defined by the FCC and that meets the following requirements:

A. Meet one (1) of the following mounting requirements:

1. Are mounted on structures fifty feet (50′) or less in height including their antennas as defined in Section 1.1320(d), or

2. Are mounted on structures no more than ten percent (10%) taller than other adjacent structures, or

3. Do not extend existing structures on which they are located to a height of more than fifty feet (50′) or by more than ten percent (10%), whichever is greater; B. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in Section 1.1320(d)), is no more than three (3) cubic feet in volume; C. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume.

Antenna equipment, means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. "Specialty retail" means stores which sell nonconvenience goods needed on an infrequent basis. Specialty retail may have a more limited focus in specific zoning districts, consistent with the purposes of each district.

Specialty retail, bulk. "Bulk specialty retail" means the sale of large, major purchase, nonconvenience items.

Examples of specialty retail involving bulk retail goods include, but are not limited to, the following: appliance stores; motor vehicle sales, new or used; furniture stores; spa/hot tub sales. "Specialty retail, consistent with industrial uses" mean the retail sales of items which are related, supportive or complimentary to industrial uses. Examples include, but are not limited to, sales of the following: auto parts and supplies; building materials and supplies; motor vehicles, new or used. 4891-1508-9091 v1
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"Specialty retail, consistent with office uses" mean the retail sales of items which are related, supportive or complimentary to office uses. Examples include, but are not limited to, sales of the following: computers; office furniture (sales or rentals); office supply and business machine shops.

Specialty retail, region-serving. "Region-serving specialty retail" means those retail uses which have a regional, rather than local or neighborhood, market base. These types of uses are generally high tax revenue generators and more than fifty thousand (50,000) square feet in size. Examples include, but are not limited to, the following: discount stores, large scale; furniture stores; home improvement stores; motor vehicle sales, new. "Stealth design" means a wireless communication facility design that blends in with the surrounding environment by means of screening, concealment or camouflage. "Story" means any floor having its finished floor surface entirely above grade and at least six (6) feet in height; or any floor that is partially below grade and where the finished surface of the floor above it is at least six (6) feet above the lowest grade:
"Structure" means anything constructed or erected that requires a foundation or a structural support on the ground, including a building or public utility, but not including: a fence or a wall used as a fence if the height does not exceed seven feet (7′); retaining walls four feet (4′) or less in height; in-ground swimming pools; and improvements built at-grade such as parking lots and access drives or walks.

Structure, accessory. See "Accessory structure."
"Subdivision or neighborhood identification sign" means a sign containing the name of a subdivision, development or neighborhood.
"Subterranean" means a structure, improvement or building floor level that is constructed entirely below ground with all points to the top of the structure or floor level being situated entirely below natural and finished grade; exclusive of any excavations made to provide required ingress or egress. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population (i.e., adults with low-income having one (1) or more disabilities including mental illness, HIV or AIDS, substance abuse or other chronic health conditions, or individuals eligible for services provided under the Lanterman Development Disabilities Services Act Division 4.5, commencing with Section 4500 of the Welfare and Institutions Code and may include, among other populations, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting institutional settings, veterans, or homeless people) and that is linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. "Taxi station" means taxi headquarters with administrative and/or dispatch offices and taxicab parking and storage.
"Temporary window sign" means any temporary sign painted on a window or constructed of paper, cloth or other light material and attached to the window, or located within three feet (3′) of the interior side of the window, and displayed so as to call attention of persons outside of the building to a sale of merchandise or change in the status of a business or use.
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"Tobacco retailer, significant" means a retail establishment that devotes twenty percent (20%) or more of its sales or display area to, or derives seventy-five percent (75%) or more of its gross sales receipts from, the sale of tobacco products and/or tobacco paraphernalia.
"Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted units to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
"Transportation System Management (TSM)" means the use of incentives and/or disincentives by local employers to assist in reducing the number of single-passenger auto commute trips and peak-hour trips by increasing the use of carpools, vanpools, public transit, bicycles and walking, and through the use of flex-time. "Usable outdoor area" means an area open to the sky with a slope less than ten percent (10%). The usable outdoor area shall be a well-defined coherent space that is an integral component of the project design. Usable outdoor area includes private yard areas and common areas suitable for passive and active recreation use. Such areas may be located on the ground, roof, balcony, patio or terrace; and excludes minor decorative landscaping, driveway areas, parking facilities, and utility or service area. Common usable outdoor area shall have a minimum dimension of twelve feet (12′).

Diagram B for Section 14.03.030

USABLE OUTDOOR AREA
Vehicle, recreational. "Recreational vehicle" means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term recreational vehicle shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers. "Very-low income household" means a household with total gross annual earnings of less than fifty percent (50%) of median income as defined in this section.
"Wall sign" means any sign painted on or attached parallel to the wall of a building and projecting not more than twelve inches (12″) from the building face.
"Warehousing" means the commercial or industrial use of a building or buildings primarily for the storage of goods or materials.
"Water-efficient landscape" means landscaping and irrigation that has been designed and installed to comply with Marin Municipal Water District (MMWD) Ordinance No. 414, as adopted by reference in Section 14.16.370 of 4891-1508-9091 v1
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this Title. A water-efficient landscape is designed to conserve water usage by establishing and applying a "maximum applied water allowance," which is the upper limit of annual applied water for a landscape area based on the local evaporation factor, and site-specific factors such as soil, slope and planting conditions. The requirements for a water-efficient landscape are administered under Section 14.16.370 of this Title. "Water-oriented" means uses which are either water frontage dependent, or which attract people to the waterfront.
"Wetland creation" means a human activity bringing a wetland into existence at a site in which it did not formerly exist.
"Wetland restoration" means a human activity that returns a former wetland from an altered condition, in which all or virtually all wetland functions and values have been lost, to a condition with full wetland functions and values. Restoration does not mean enhancement of wetlands which, though degraded, nonetheless provide significant biological wetland functions or values.
"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions (same as U.S. Army Corps of Engineers). (See Section

14.13.050(A), Determination of Wetland Boundaries).
"Wholesale" means a use engaged primarily in the selling of any type of goods for purpose of resale, including related storage and distribution.
"Wildlife" means animals, including fish and fowl, and/or plants existing in their natural habitat. "Wind-blown device" means any man-made device which visibly moves when blown in the wind. "Window sign" means a sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located.
"Wind turbine" means a rotating machine which converts kinetic energy in wind into mechanical energy, which it then converts into electricity.
"Wireless communication facilities" means facilities regulated by the FCC that transmit and/or receive electromagnetic signals for cellular technology, personal communication services, enhanced specialized mobile services, paging systems, and radio and television broadcast transmission facilities. Facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment (but does not include small wireless facility, which is defined separately under "small wireless facility") used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development. These facilities include amateur radio antenna structures that exceed thirty feet (30′) in height but do not include government-operated public safety networks.

Wrecking yard, motor vehicle. "Motor vehicle wrecking yard" means any use of premises for the conduct of a business whereon two (2) or more vehicles not in operating condition are standing and/or on which used motor vehicles, or parts thereof, are dismantled and/or stored. "Yacht club" means a private social club which may include a club house, private berthing for club members, tie-up visitor docking, on-site parking for automobiles and boat trailers; and which may include dry storage for members' boats. The berthing or storage of boats for commercial purposes, party boats, and rental boats are specifically excluded.

Yard, front. "Front yard" means an open area extending along the full width of a lot between side lot lines and from the front lot line to a parallel line at a distance equal to the depth of the required yard (i.e., required setback area), within which no structure shall be located except as provided and/or permitted in this title. The front yard should be consistent with the orientation of the other lots and improvements on the same side of the 4891-1508-9091 v1
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street or consistent with any prior determination that was made to define the front yard. The front yard is usually the side where the main building entrance is located and in the general direction in which the main building faces.

Front yards shall be determined for lots as follows:

1. For a corner lot with two (2) street frontages, the front yard is typically the narrower of the two (2) frontages, except where an existing front building setback has clearly been established by prior property development.

2. For an interior lot with an irregular-shaped frontage, the front yard is defined as all portions of the lot that are parallel to and immediately front the road right-of-way or easement that provides access to the lot.

3. For a triangular shaped lot with fewer than four (4) lot lines, the director may determine the front yard location based on orientation of the building entrance and surrounding development pattern.

4. For a flag or panhandle lot, the front yard is defined as all portions of the lot within the required front setback measured from the longest property line that is most parallel and nearest to the public street.

The panhandle portion of the lot shall not be used in determining the required setbacks. See Title 15, Section 15.06.030(d).

Yard, rear. "Rear yard" means an open area extending across the full width of the lot between side lot lines and from the rear lot line to a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title.

Yard, side. "Side yard" means an open area extending between the front yard and the rear yard and between the side lot line and a line at a distance equal to the depth of the required yard, within which no structure shall be located except as provided in this title.
(Ord. 1853 § 1, 2007; Ord. 1838 §§ 16, 17, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1825 § 2 (Exh. A) (part), 2004; Ord. 1823 § 1 (Exh. A) (part), 2004; Ord. 1797 § 1, 2003; Ord. 1765 § 1 (part) (Exh. A), 2001; Ord. 1756 § 1, 2000; Ord. 1751 § 1, 2000; Ord. 1748 § 1, 2000; Ord. 1742 § 1, 1999; Ord. 1740 § 1, 1999: Ord. 1731 § 1, 1998: Ord. 1713 § 1, 1997; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1879, § 9, 2-1-10; Ord. No. 1882, Exh. A, §§ 4—6, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord.

No. 1937 , § 2, 1-19-2016; Ord. No. 1955 , (Exh. A, §§ 1, 2), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) § 1, 11-19-2018; Ord. No. 1967 , §§ 1, 2, 12-17-2018; Ord. No. 1976 , div. 2, 11-18-2019; Ord. No. 1996 , div. 2(Exh. A, 3.1), div. 2(Exh. C, 1.1), 8-16-2021; Ord. No. 2002 , div. 4, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022) Division II BASE DISTRICT REGULATIONS
Chapter 14.04 RESIDENTIAL DISTRICTS (R, DR, MR, HR)

14.04.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the specific purposes of the residential zoning districts include the following:

A. To provide a wide variety of housing opportunities in terms of housing types, and neighborhoods with varying densities, lot sizes, and development standards; B. To protect and enhance existing residential neighborhoods through retention of existing land development patterns and retention of their varied design character; 4891-1508-9091 v1
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C. To promote new residential development compatible with environmental site constraints and nearby neighborhood development;
D. To provide opportunities for churches, day care facilities, residential care facilities and other uses which are considered to be compatible and desirable land uses within residential neighborhoods; E. To provide outdoor recreational amenities for residents; F. To ensure the provision of public services and facilities needed to accommodate planned residential densities;
G. To promote sensitive hillside residential design.

The additional purposes of each residential zoning district follow.

H. Single-Family Residential Districts (R5, R7.5, R10, R20, R1a, R2a).

1. The single-family residential districts provide opportunities for low-density, detached singlefamily residential development. Development densities are based on existing development patterns in the area and environmental site constraints. In hillside areas, development shall conform to the hillside development standards and review procedures established in Chapter

14.12, Hillside Development Overlay District.

2. Single-family residential districts include hillside resource residential land use categories with minimum densities of two (2) or more acres for minimum lot sizes; hillside residential and residential estate categories with densities from twenty thousand (20,000) square foot to two (2) acre lot minimums; and low-density residential land use categories with densities ranging from five thousand (5,000) square foot to twenty thousand (20,000) square foot lot minimums.

I. Duplex Residential District (DR).

1. The duplex residential district provides opportunities for single-family and duplex residential development. As a transitional area between single-family and multifamily districts, an intent of the district is to maintain the design character of single-family districts.

2. The duplex residential district is included in the medium-density residential land use category with a density of two thousand five hundred (2,500) square feet per dwelling unit.

J. Multifamily Residential Districts: Medium-Density (MR2, MR2.5, MR3, MR5).

1. The medium-density residential districts provide opportunities for a mixture of residential types, including detached single-family residences, duplexes and multifamily dwellings at medium densities. Desired styles of development within this district include garden apartments and condominiums.

2. Medium-density multifamily residential districts are included in the medium-density residential land use category with densities ranging from two thousand (2,000) square feet to three thousand (3,000) square feet per dwelling unit.

K. Multifamily Residential Districts: High-Density (HR1, HR1.5, HR1.8).

1. The high-density residential districts provide opportunities for high-density multifamily residential development.

2. High-density multifamily residential districts are included in the high-density residential land use category with densities ranging from one thousand (1,000) square feet to one thousand eight hundred (1,800) square feet per dwelling unit.

L. Planned Development District (PD). Planned development districts on large residential lots promote clustering of residences to avoid sensitive portions of the site. Densities are consistent with the general 4891-1508-9091 v1
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plan and typically are low. See Chapter 14.07, Planned Development District, for additional information.
(Ord. 1625 § 1 (part), 1992).

14.04.020 Land use regulations (R, DR, MR, HR, PD).

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

Table 14.04.020
Type of Land Use R DR MR HR PD Additional Use Regulations Residential Uses
Single-family residential P P P P C
Duplex residential P* P P P C *Pursuant to regulations and restrictions outlined in Section

14.16.282
Multifamily residential P P C
Accessory dwelling unit
(ADU)
P P P P P See standards, Section 14.16.285
Junior accessory dwelling
unit (JADU)
P P P P P See standards, Section 14.16.285
Animal keeping A A A A A See standards, Chapter 14.17.020 See Chapter 6.04
Boardinghouse or
roominghouse
C C C
Conversion of senior housing
to nonsenior housing

C C C C C
Emergency shelters for the
homeless
Permanent C See standards, Section 14.16.115
Temporary or rotating C C C C C
Home occupations P P P P P See standards, Chapter 14.16 Mobile home parks C C See standards, Chapter 14.17
Residential care facilities for
the handicapped
Small (0—6 residents) P P P P C
Large (7 or more residents) P P P P C
Residential care facilities,
other
Small (0—6 residents) P P P P C
Large (7 or more residents) C C
Visitor Accommodations
Bed and breakfast inns C* C C C *On nonhillside lots, 20,000 square feet or larger.

Hotels and motels C C
Day Care
Day care facility, child or
adult
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Family day care home
Small (0—8 children or
adults)

P P P P P
Large (9—14 children) A A A A A See standards, Chapter 14.17 Large (9—14 adults) C C C C C
Day care center (15 or more
children or adults)
C* C C C C* *Prohibited in R2a, R1a and PD
districts, and R20 hillside
residential lots.

Public, Quasi-Public and
Community Uses
Clubs and lodges, including
youth groups
C C C
Community gardens P P P P P Subject to performance standards outlined in Chapter 14.17.

Open space P P P P P
Public parks, playgrounds
and recreation facilities

P P P P P
Religious institutions C* C C C C* *Prohibited in R2a, R1a and PDhillside districts, and R20 hillside residential lots.

Schools
Public P* P P P C* *Prohibited in R2a, R1a and PDhillside districts, and R20 hillside residential lots.

Parochial, private C* C C C C* *Prohibited in R2a, R1a and PDhillside districts, and R20 hillside residential lots.

Use of closed school sites C* C C C C* May include: child care programs; educational, recreational, cultural
and religious classes, programs,
and activities; administrative
offices incidental to educational
service uses; churches; counseling
groups and those private business
uses which would be permitted as
home occupations. *Prohibited in
R2a, R1a, and PD-hillside districts,
and R20 hillside residential lots.

Offices and Related Uses
Medical services (medical,
dental and health-related
services with sale of articles
clearly incidental to the
services provided)
Hospitals C C
Major medical facilities,
including extended care
facilities (treatment and
C C C
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convalescent) and children's
treatment facilities
Commercial Uses
Plant nurseries and garden
supply

C C C C
Transportation Facilities
Parking lot, public or private C C C See regulations, Chapter 14.18 Accessory Structures and
Uses
Accessory structures and
uses customarily incidental
to a permitted use and
contained on the same site
P P P P P See regulations, Chapter 14.16
(Ord. 1838 § 18, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1802 § 2, 2003: Ord. 1663 § 1 (part), 1994; Ord. 1652 § 1, 1993; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 7, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924, § 1, 9-15-2014 ; Ord.

No. 1937 , § 1, 1-19-2016; Ord. No. 1964 , § 2(Exh. B) § 2, 11-19-2018; Ord. No. 2002 , div. 5, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)

14.04.030 Property development standards (R).

N.R.: Not required unless otherwise noted in Additional Standards. Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to site development standards. See Chapter 14.23, Variances, and Chapter 14.24, Exceptions, for allowable adjustments to these standards. See Chapter 14.25, Environmental and Design Review Permits, a listing of improvements subject to review (including upper story additions), and design guidelines and criteria for development.

Table 14.04.030
R2a R1a R20 R10 R7.5 R5 Additional
Standards
Minimum
lot area
(sq. ft.)
2 acres 1 acre 20,000 10,000 7,500 5,000/6,000
(corner)
(I)
Minimum
lot width
(ft.)
150 150 100 75 60 50/60
(corner)
(I)
Minimum
yards
Front (ft.) 20 20 20 20 15 15 (A), (B)
Side/street
side (ft.)
15 15 12′6″ 10 6 10% of lot
width, min.
3′, max. 5′
(C), (D), (H)
Rear (ft.) 25 25 10 10 10 10 (H)
Maximum
height of
30 30 30 30 30 30 (E), (H)
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structure
(ft.)
Maximum
lot
coverage
20% 25% 30% 40% 40% 40%
Maximum
upper story
floor size
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75%
of lot
coverage
calculation
50%/75% of
lot
coverage
calculation
(E), (F), (G)
Private
yard area

NR NR NR NR NR NR
Parking * * * * * * * Based on
use. See

14.18.040.,
(H)
(A) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots on both sides of the street for the length of the block. For purposes of determining average front setback on developed lots, setback should be measured from the property line to closest wall of any principal structure.
(B) Where there is a driveway perpendicular to the street, any garage built after January 1, 1992, or carport built after January 1, 2006, shall be set back twenty feet (20′). (C) On a reverse corner lot, the rear twenty feet (20′) of the street side yard shall have a fifteen-foot (15′) setback.
(D) In the R7.5, R10 and R20 districts, where two (2) or more lots in a block have been improved with buildings, the minimum required shall be the average of improved lots within the same district on both sides of the street for the length of the block.
(E) In the -EA Combining District, maximum height of seventeen feet (17′) to peak, and one habitable floor. (F) For design criteria for upper-story construction, see Section 14.25.050(F)(6), Upper-Story Additions. (G) For lots less than five thousand (5,000) square feet, the maximum upper story shall be fifty percent (50%) of the maximum lot coverage calculation; for lots five thousand (5,000) square feet or larger, maximum upper story size shall be seventy-five percent (75%) of maximum lot coverage calculation. (H) See Section 14.16.282.C. for property development standard applicable to SB 9 Housing Developments. (I) Parcels created through Chapter 15.155 (Urban Lot Splits) are exempt from these standards.

Diagram for Section 14.04.030
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(Ord. 1838 § 19, 2005; Ord. 1820 § 1, 2004; Ord. 1802 § 3, 2003; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 8, 9, 6-21-2010; Ord. No. 2002 , div. 6, 12-6-2021; Ord. No. 2013 , § 4, 8-1-2022)

14.04.040 Property development standards—Duplex residential (DR), medium density residential (MR), high density residential (HR).

NA: Not applicable.

Note: See Chapter 14.16, Site and Use Regulations, for additional regulations pertaining to other site development standards, Chapter 14.23, Variances, Chapter 14.24, Exceptions, for allowable adjustments to these standards, and Chapter 14.25, Environmental and Design Review Permits, for a listing of improvements subject to review (including addition of new units or additions of floor area to existing units) and design guidelines and criteria for development.

Table 14.04.040
DR MR5 MR3 MR2.5 MR2 HR1.8 HR1.5 HR1 Additional
Standards
Minimum lot
area (sq. ft.)
5,000/6,000
(corner)
6,000 6,000 6,000 6,000 6,000 6,000 6,000
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Minimum lot
area/dwelling
unit (sq. ft.)
(Max. residential
intensity)
2,500 5,000 3,000 2,500 2,000 1,800 1,500 1,000 (B), (C) Minimum lot
width (ft.)
50/60
(corner lot)
60 60 60 60 60 60 60
Minimum yards
Front (ft.) 15 15 15 15 15 15 15 15 (D), (E)
Side (ft.) 10% of lot
width, min.
3′, max. 5′
10 10 10 10 10%
of lot
width,
min.
3′,
max.
5′
10%
of lot
width,
min.
3′,
max.
5′
10%
of lot
width,
min.
3′,
max.
5′
Street side
(ft.)
10 10 10 10 10 10 10 10 (E), (F), (G)
Side providing
pedestrian
access (ft.)
NA 15 15 15 15 12 12 12 (F), (N)
Rear (ft.) 10 5 5 5 5 5 5 5 (F), (H), (I)
Distance
between res.
structures
No primary
pedestrian
access to
structures (ft.)
NA 15 15 15 15 8 8 8 (N)
Primary
pedestrian
access to
structures (ft.)
NA 20 20 20 20 20 20 20
Maximum
height of
structure (ft.)
30 36 36 36 36 36 36 36 (J), (K)
Maximum lot
coverage
40% 40% 50% 50% 50% 60% 60% 60%
Minimum usable
outdoor area
(common and/or
private)/Dwelling
unit (sq. ft.)
200 200 200 200 200 150 150 100 (L)
Landscaping 50% front
and street
side yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
50%
front
and
street
side
yards
(M)
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Parking * * * * * * * * * Based on
use. See
Section

14.18.040.
(A) Intentionally not used.
(B) The minimum lot area for a boarding house is five hundred (500) square feet per guest room. (C) A density bonus may be granted, as provided for in Section 14.16.030 (Density bonus). (D) Where two (2) or more lots in a block have been improved with buildings, the minimum required shall be standard, or the average of improved lots on both sides of the street for the length of the block, whichever is less.
(E) Where there is a driveway perpendicular to the street, any garage built after January 1, 1991, shall be set back twenty feet (20′).
(F) Parking and maneuvering areas, excluding access driveways, shall be prohibited in all required yards, per Section 14.18.200 (Location of parking and maneuvering areas) of this title. (G) In the DR and MR district, on a reverse corner lot, the rear twenty feet (20′) of the street side shall have a fifteen-foot setback.
(H) In the MR or HR districts, where development is adjacent to a single-family district, the rear yard setback shall be ten feet (10′).
(I) In order to provide adequate privacy and sunlight, additional separation may be required through design review.
(J) The height limit in the Latham Street neighborhood is specified in the Downtown San Rafael Precise Plan Form-Based Code adopted by separate ordinance.
(K) A height bonus may be granted, as provided for in Section 14.16.190 (Height bonus). (L) Private yard areas shall have a minimum dimension of six feet (6′). In the HR districts, common indoor area suitable for recreational uses may be counted toward the usable outdoor area requirement. (M) Where a driveway is located in a side yard, a minimum of three feet (3′) of buffer landscaping shall be provided between the driveway and side property line. The required rear yard shall be landscaped to provide a buffer.
(N) Setback distances apply to areas that provide a primary pedestrian access only. (Ord. 1838 § 20, 2005; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 10, 11, 6-21-2010; Ord. No. 1990 , div. 1.1, 3-1-2021; Ord. No. 1996 , div. 2(Exh. A, 4.1), 8-16-2021)
Chapter 14.05 COMMERCIAL AND OFFICE DISTRICTS

14.05.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the specific purposes of the commercial and office districts include the following:
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A. To promote specialized commercial environments which provide appropriately located areas for retail, service and office development, and provide the city with a wide range of neighborhood, local and regional serving uses;
B. To promote appropriately located businesses which provide local employment opportunities and/or generate tax revenue for the city;
C. To promote commercial and office projects at appropriate building intensities and trip-generation characteristics which will maintain acceptable traffic-operating standards; D. To promote high-quality design in new or remodeled commercial and office development consistent with design guidelines;
E. To promote and encourage commercial and office sites and designs which are accessible by a variety of transportation means;
F. To promote San Rafael's downtown area as a viable commercial and financial center, and as an urban center with a mixture of civic, social, entertainment, cultural and residential uses; G. To retain and enhance the Northgate Shopping Center and surrounding retail area as a regional shopping center;
H. To provide housing opportunities by encouraging a variety of housing in mixed-use districts.

The additional purposes of each commercial district follow.

I. General Commercial District (GC). The general commercial district promotes a full range of retail and service uses in major shopping centers and certain areas of the city which have freeway or major street access and visibility. Residential use is allowed with a use permit. Offices are a conditional secondary use, for example, on portions of sites with poor retail visibility. Floor area ratio (FAR), trip allocation and design criteria vary throughout the district in response to specialized conditions recognized in the general plan.

J. Neighborhood Commercial District (NC).

1. The neighborhood commercial district provides convenient shopping areas within residential neighborhoods for retail items and personal services which may be needed on a frequent basis for vicinity residents. Examples of convenience goods or services include supermarkets, pharmacies, dry cleaners and personal service establishments. Within this district, a limited amount of office and residential use may be allowed, only if in mixed-use developments. Office uses shall provide a service convenience to local residents. Neighborhood commercial areas are intended to reduce trips to more distant major commercial areas.

2. Neighborhood commercial retail uses are limited in order to ensure compatibility with residential neighborhoods and to concentrate region-serving goods and services in locations outside of neighborhoods and in proximity with one another.

3. Neighborhood commercial development is intended to be compatible with the surrounding residential neighborhood in terms of building height (typically one to two (2) stories, with up to three stories for a retail/residential mixed-use building), setbacks and landscaping.

K. Office District (O). The office district provides opportunities for the siting of a variety of administrative, professional, medical and general business offices. This district also allows residential use, and limited convenience retail and service uses to support office uses and serve local employees. The office district is intended to provide an attractive, landscaped environment with outdoor amenities such as courtyards, plazas, benches, seating areas and pedestrian/bicycle paths. FAR, trip allocation and design criteria vary throughout the district in response to localized conditions recognized in the general plan. 4891-1508-9091 v1
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L. Downtown Mixed Use (DMU) District. The downtown mixed use district encompasses the 265-acre downtown area, which is the commerce and employment center of the city. Allowable uses, design intent, and development standards and regulations are defined and specified in the Downtown San Rafael Precise Plan and form-base code which is adopted by separate ordinance and incorporated herein by reference.

M. Commercial/Office District (C/O). The commercial/office district promotes retail, office, mixed retail/office/residential uses, and cultural facilities. The commercial/office district is different from the downtown zoning districts in that it provides greater opportunity for office and financial uses in firstfloor locations. Residential units are promoted to provide evening and weekend activity, increase the city's supply of housing units and support downtown activities and uses.

N. Residential/Office Districts (R/O).

1. The residential/office district is a transitional area between the downtown zoning districts and nearby residential areas. This district promotes residential, office, and mixed-use residential/office projects. This district also provides limited retail and personal service uses which support residential and office uses, and which are compatible with such uses. Gasoline service stations are allowed along major arterials such as Second Street.

2. This district is characterized by lower development intensity than in the downtown zoning districts. The residential/office district is also intended to be less intense in terms of evening and weekend activity than the downtown zoning districts.

O. Francisco Boulevard West Commercial District (FBWC).

1. The Francisco Boulevard West commercial district provides a wide range of specialty retail uses with regional appeal, including sales of automobiles, bulk retail items, building materials and other region-serving goods. The Francisco Boulevard West district is intended to accommodate large-scale developments and shopping centers with specialty retail tenants. Assemblage of parcels shall be encouraged in this district in order to promote larger scale development projects.

Residential use is also allowed in this district.

2. This area is expected to be the focus of major redevelopment in the future. Until redevelopment occurs, it is recognized that there will be many nonconforming uses within the Francisco Boulevard West commercial district, and it is intended that existing legal nonconforming uses may remain as viable interim uses. Section 14.16.270, Nonconforming structures and uses, contains general provisions on nonconforming uses which apply in these instances. However, these types of interim uses are not permitted on any additional sites within the Francisco Boulevard West district.
(Ord. 1831 § 1 (part), 2004; Ord. 1757 § 1, 2000; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992). ( Ord. No. 1996 , div. 2(Exh. A, 5.1), 8-16-2021)

14.05.020 Land use regulations (GC, NC, O, C/O, R/O, FBWC).

A. Francisco Boulevard West Commercial District (FBWC): Land use regulations for new development and/or redevelopment.

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commission. Master use permits shall be required for multi-tenant shopping center developments, specifying the types of uses which may go into the center, approving an initial roster of tenants, and identifying procedures for subsequent review and approval of future tenants when changes in occupancy occur.

2. Prerequisites for initiating the use permit review process are as follows:
a. The proposed use is listed on the commercial matrix as requiring a conditional use permit and meets the review criteria specified in subsection (A)(3) of this section; b. In the event the proposed use is not listed on the commercial matrix as requiring a conditional use permit, but the proposed use meets the review criteria specified below, application for determination may be made to the planning commission. The planning commission shall determine whether the proposed use is consistent with the specified review criteria for the Francisco Boulevard West commercial district.

3. Review criteria for evaluating proposed uses in new development and redevelopment projects in the Francisco Boulevard West commercial district are listed below. In order to initiate the use permit process as indicated in either subsection (A)(2)(a) or (A)(2)(b) of this section, the proposed project must meet one (1) or more of the following criteria:
a. Generates high tax revenue;
b. Constitutes a large-scale business;
c. Constitutes a multi-tenant center with shops which provide related services or types of goods; and/or
d. Has a regional market base.

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

Administrative use permit; Blank: Not allowed.

Table 14.05.020
Type of Land Use GC NC O C/O R/O FBWC* Additional Use
Regulations
Commercial Uses
Animal sales and service, excluding
exterior kennels, pens or runs
See Chapter 10.24
Animal care facilities CZ CZ CZ CZ See Chapter 14.17
standards.

Animal retail sales P P P
Boat sales CZ CZ
Building materials and supplies
Brick, gravel, rock, concrete,
lumber and tile sales
P* P* C *See Outdoor storage.

Electrical supply stores P* P* C
Equipment rental business P* P* C
Glass and window stores P* P* C
Hardware stores P* P* P* P* C
Paint stores P* P* C
Plumbing stores (and ancillary
service)
P* P* C
Business sales and service
Blueprint and photocopy shops P P P P
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Computer services P P P P
Locksmith shop P P P P
Office furniture sales and rentals P P P P C
Office supply and business
machine shops

P P P P C
Printing shops P P P CZ
Cannabis Related Uses
Cannabis Testing/lab P (2) P (2) *Subject to additional regulations and
permitting (See SRMC
Chapter 10.96)
Cannabis Delivery P (2) P (2) *Subject to additional
regulations and
permitting (See SRMC
Chapter 10.96)
Cannabis Manufacturing
Cannabis Distribution
Card rooms See Chapter 10.36
Coffee roasters CZ CZ
Food and beverage service
establishments
Brew pubs CZ CZ CZ
Catering establishments P CZ P
Cocktail lounges C C
Fast food restaurants C C C
Food service establishment, high
volume
C C
Food service establishment (with
or without incidental serving of
beer or wine or ancillary bar), but
without a cocktail lounge, live
entertainment as defined under
Chapter 14.03, and/or dancing
(1) 1,000 sq. ft. or less in size P P P P P C
(2) More than 1,000 sq. ft. in size P CZ CZ P CZ CZ
Food service establishment with a
cocktail lounge, live entertainment,
and/or dancing

CZ CZ CZ CZ
Live entertainment/dancing
(without food service)
C C C
Outdoor eating areas A* A* A* A* A* A* For outdoor eating areas on private
property see Section

14.17.110 standards.

For outdoor seating
areas located on city
sidewalks, see Section

14.16.277 standards.

For outdoor eating
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areas on parking
spaces within the
public right-of-way,
see Chapter 11.70—
"Streetaries" Outdoor
Eating Areas.

Food and beverage stores
Bakeries, retail (and ancillary food
service)

P P P P P C
Candy stores and confectioneries P P P
Convenience markets CZ CZ CZ CZ
Grocery stores and supermarkets P* P* P* C C *Operating between 11 p.m. and 6 a.m.
requires a use permit
(CZ) to review lighting,
noise, and
compatibility with
surrounding
residential uses.

Liquor stores
(1) Less than 200 ft. from
residential district

CZ CZ CZ CZ CZ
(2) 200 ft. or more from residential
district

P P P C C
Fortunetelling A A See Chapter 14.17
standards. *Rear
ground level or 2nd
floor or above.

Funeral interment services (including
mortuaries, but excluding
crematories)
CZ CZ
Kiosks A A A A A See Section 14.16.225
standards
Motor vehicle sales and service
(including automobiles, motorcycles,
trailers, trucks and recreational
vehicles)
Auto detailing CZ
Coin-op washing C C C C
Gasoline stations (including minimarkets, and minor repair, such as tune-ups, brakes, batteries, tires,
and mufflers)
C C C C C C See Section 14.16.160
regulations. For
repair, see Chapter

14.17 standards.

Rentals CZ CZ CZ
Repairs, major (engine work,
painting, and body work)
CZ See Chapter 14.17
standards.

Repairs, minor (tune-ups, brakes,
batteries, tires, mufflers and
upholstery)
CZ CZ CZ CZ C See Chapter 14.17
standards.
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Sales, new or used vehicles
(1) Five or fewer vehicles displayed
or stored on-site

CZ CZ CZ
(2) More than five vehicles
displayed or stored on-site
C C C
Sales, parts and supplies P P C
Sales, tires and ancillary service CZ CZ CZ
Music rehearsal/recording studios CZ CZ
Outdoor storage, including temporary
or permanent storage containers

CZ CZ CZ CZ C
Personal service establishments
Artistic and photographic studios,
without sale of equipment or
supplies
P P P
Barber shops/beauty salons P P P P P C
Dry cleaning establishments, with
no on-site processing

P P P P P
Dry cleaning establishments, with
on-site processing

CZ CZ CZ CZ CZ
Laundromats (self service) P P P P
Massage and/or bodywork offices
or establishments
P P P P P See Chapter 8.34
Nail salons P P P P P
Seamstress/tailor P P P P P
Shoe repair P P P P P
Recreational facilities (indoors)
Bowling alleys C C C See Chapter 10.32
Game arcades C C See Chapter 14.17
standards.

Fitness/recreation facility CZ CZ CZ CZ CZ
Poolhalls/billiards C C C
Theaters C C C C
Retail
Antique stores P P C
Apparel stores P P C
Appliance stores (and ancillary
repair)
P P C
Art, craft, music and photographic
supply stores

P P P C
Auctions P P See Chapter 10.16
Bicycle shops P P P C
Book, gift, stationery stores P P P C
Department stores P P C
Discount stores P P C
Drug stores and pharmacies P* P* P* C C *Operating between 11 p.m. and 6 a.m.
requires a use permit
(CZ) to review lighting,
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noise, and
compatibility with
surrounding
residential uses.

Electronics sales (televisions,
radios, computers, etc.)
P P C
Florist shops P P P P P
Furniture stores and upholstery
shops (and ancillary repair)
P P C
Gun shops C C See Chapter 14.17
standards.

Jewelry stores P P
Plant nurseries and garden supply P* P* P* C *See Outdoor storage.

Secondhand stores and pawnshops CZ CZ See Chapter 10.20 Shoe stores P P C
Shopping centers C C C C
Sporting goods stores P P C
Stamp and coin shops P P
Swimming pool supplies P P
Tobacco retailer, significant C C C Shall not be located within 1,000 feet from
schools (public and
private elementary,
junior high, and high
schools), public parks,
public libraries,
arcades, youth/teen
centers,
community/recreation
centers, licensed day
care centers for
children, shopping
malls, and houses of
worship with
organized youth
programs, as
measured from the
property lines of each
parcel.

Toy stores P P P C
Variety stores P P C
Video sales and rentals P P P
Offices and Related Uses
Financial services and institutions P P P P P P
Medical services (medical, dental and
health-related services, with sale of
articles clearly incidental to the
services provided)
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Clinics C C C C** C **4th Street west of D
Street: Rear ground
level or 2nd floor or
above.

Hospitals C
Major medical facilities, including
extended care facilities (treatment
and convalescent) and children's
treatment facilities
C C
Laboratories CZ CZ CZ CZ** CZ **4th Street west of D
Street: Rear ground
level or 2nd floor or
above.

Medical offices CZ CZ P P* P *4th Street west of D
Street: Rear ground
level or 2nd floor or
above.

Offices, general CZ P* P P** P *Rear ground level or
2nd floor or above.
**4th Street west of D
Street: Rear ground
level or 2nd floor or
above.

Public, Quasi-Public and Community
Uses
Clubs and lodges, including youth
groups
C C C
Community gardens P P P P P P Subject to
performance
standards outlined in
Chapter 14.17.

Public facilities
Administrative offices C P P* P *Rear ground level or
2nd floor or above.

Day services center C C C C C
Job center C
Libraries, museums and other
cultural facilities

C C C C C
Public and utility facilities
(corporation, maintenance or
storage yards, utility distribution
facilities, etc.)
C
Public facilities, other (police, fire,
paramedic, post office, etc.)

C C C C C C
Public parks, playgrounds, and
recreation facilities

P P P P P
Religious institutions C C C C C
Schools
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Parochial, private C C C* C *Rear ground level or
2nd floor or above.

Public P P P P P
Specialized education and training CZ CZ CZ CZ
Residential Uses * * * *See Chapter 14.17
standards.

Single-family residential C C
Duplex residential C
Multifamily residential A(3) A(3) P A(3) P A(3)
Accessory dwelling units P P P P P P See standards, Section

14.16.285
Junior accessory dwelling units P P P P P P See standards, Section

14.16.285
Animal keeping CZ CZ CZ CZ CZ CZ See Chapter 14.17
standards.

Caretaker's residence CZ CZ CZ CZ CZ C
Emergency shelters for the homeless
Permanent P/C C C See Section 14.16.115.

Temporary or rotating C C C C C C
Home occupations P P P P P P See Chapter 14.16
regulations.

Live/work quarters A A A A A A See Chapter 14.17
standards.

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

Day Care
Day care facility, child or adult
Family day care
Small (0—8 children or adults) P P P
Large (9—14 children) CZ CZ A See Chapter 14.17
standards.

Large (9—14 adults) CZ CZ CZ
Day care center (15 or more children
or adults)

CZ CZ CZ CZ CZ C
Visitor Accommodations
Hotels, motels, or bed and breakfast
inns

C C C C
Transportation Facilities
Bus stations C C C
"Park and ride" facilities CZ CZ CZ C
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Parking facilities, commercial or
municipal

CZ CZ CZ CZ C
Taxi stations C C C
Transit stations or transitways C C C See Chapter 10.60 Temporary Uses
Temporary uses A A A A CZ A See Chapter 14.17
standards.

Accessory Structures and Uses
Accessory structures and uses
customarily incidental to a permitted
use and contained on the same site
P P P P P P See Chapter 14.16
regulations.
(1) Reserved.
(2) Shall not be located within six hundred feet (600′) from schools (public and private), as measured from the property lines of each parcel.
(3) See Section 14.17.100 (Residential uses in commercial districts). (Ord. 1838 § 21, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 1, 2004; Ord. 1797 § 3, 2003; Ord. 1765 § 1 (part) (Exh. B (part)), 2001; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1693 § 1, 1996; Ord. 1689 § 1, 1995; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 12, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924, § 1, 9-15-2014 ; Ord.

No. 1955 , (Exh. A, §§ 3, 4), 3-19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 3, 4, 11-19-2018; Ord. No. 1996 , div. 2(Exh. C,

2.1), 8-16-2021; Ord. No. 2002 , div. 7, 12-6-2021; Ord. No. 2015 , § 2, 9-6-2022; Ord. No. 2016 , § 3, 10-3-2022)

14.05.022 Land use regulations (DMU).

All land use regulations applicable to the DMU district are contained within the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference. (Ord. 1838 § 22, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 2, 2004; Ord. 1797 § 4, 2003; Ord. 1765 § 1 (Exh. B (part)), 2001; Ord. 1763 § 1 (part), 2001; Ord. 1757 § 2 (Exh. Z-1), 2000: Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1725 § 1 (Exh. A), 1998; Ord. 1694 § 1 (Exh. A) (part), 1996). (Ord. No. 1882, Exh. A, § 13, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1924 , § 1, 9-15-2014; Ord.

No. 1996 , div. 2(Exh. A, 5.2), 8-16-2021; Ord. No. 2002 , div. 8, 12-6-2021)

14.05.030 Property development standards (GC, NC, O, C/O, R/O, FBWC).

NR: Not required unless otherwise noted in additional standards. NA: Not applicable.

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

Table 14.05.030
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GC NC O C/O R/O FBWC Additional
Standards
Minimum lot
area (sq. ft.)
6,000 6,000 7,500 2,000/
building
6,000 6,000
Minimum lot
area/dwelling
unit (sf) (Max.
residential
intensity)
1,000 1,800 1,000 1,000 1,000 1,000 (A), (O)
Floor area ratio
(Max.
nonresidential
intensity)
* * * * * * * See Section

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

Front (ft.) NR NR 20 NR NR NR (B)
Side (ft.) NR NR 6 NR NR NR (B)
Street side
(ft.)
NR NR 10 NR NR NR (B)
Rear (ft.) NR NR 20 NR NR NR (B)
Maximum
height of
structure (ft.)
36 36 feet;
30 feet for
a
residentialonly
building
36 36 36 36 (C), (D), (E), (F),
(G), (H)
Maximum lot
coverage
NR NR 40% NR NR NR (P)
Minimum
landscaping
15% 10% 25% NR 10% 15% (I), (J), (K), (L)
Usable outdoor
area

NR NR NR NR NR NR (M)
Parking * * * * * * * Based on use.

See Section

14.18.040
(A) There is no minimum lot area requirement for a boarding house. (B) Where the frontage of a block is partially in an R district, the front yard shall be the same as required for that R district, and when the side and/or rear of the lot(s) abuts an R district, the respective side 4891-1508-9091 v1
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and/or rear yard shall be ten feet (10′). Parking or maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot (6′) wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines. (C) Exceptions may be granted for a height above thirty-six feet (36′), subject to the provisions of Chapter

14.24, Exceptions.
(D) Hotels have a four (4) story fifty-four-foot (54′) height limit. A one-story twelve-foot (12′) height bonus may be approved as part of a design review permit by the planning commission if it finds that the hotel will provide a significant community benefit, and the design is consistent with this title. (E) Repealed 3/18/96.
(F) Buildings existing or approved as of January 1, 1987 which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(G) See general plan downtown height map for lot-specific height limits. (H) A height bonus may be permitted in residential development as provided for in Section 14.16.190, Height bonus.
(I) Where the frontage of the lot(s) is adjacent to or across from an R district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts an R district, a minimum three feet (3′) of buffer landscaping must be provided. Where the rear of the lot abuts an R district, ten feet (10′) of buffer landscaping must be provided.
(J) In the GC district, a minimum fifteen feet (15′) of the front setback must be landscaped. Landscaped portions of the public right-of-way may be included, subject to approval by the hearing body. (K) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (L) A landscaped amenity area for employees and the public is encouraged in office and commercial projects.
(M) Provision of usable outdoor area is encouraged in residential development as part of a mixed-use project.
(N) Intentionally not used.
(O) A density bonus may be granted, as provided for in Section 14.16.030. (P) The maximum lot coverage restriction established for the office (O) district shall not apply to solar panels installed over existing paved parking spaces; consistent with Section 14.16.307. (Ord. 1838 § 23, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1782 Exh. A (part), 2002; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, §§ 14, 15, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964 , § 2(Exh. B) § 5, 11-19-2018; Ord. No. 1990 , div. 1.2, 3-1-2021)

14.05.032 Property development standards (DMU).

All property development standards applicable to the DMU district are contained within the Downtown San Rafael Precise Plan Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference.
(Ord. 1838 § 24, 2005; Ord. 1782 Exh. A (part), 2002; Ord. 1694 § 1 (Exh. A) (part), 1996). 4891-1508-9091 v1
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(Ord. No. 1882, Exh. A, §§ 16, 17, 6-21-2010; Ord. No. 1996 , div. 2(Exh. A, 5.3), 8-16-2021) Chapter 14.06 INDUSTRIAL DISTRICTS (I, LI/O, CCI/O, LMU)

14.06.010 Specific purposes.

In addition to the general purposes listed in Section 14.01.030, the specific purposes of the industrial districts include the following:

A. To provide appropriately located areas for a range of light and heavy industrial uses, including the building trades and automotive service industries, which serve area residents and businesses; B. To preserve and expand the contribution of industrial, building trades and auto service uses to the overall economic base and employment opportunities of the city; C. To provide a suitable environment for industrial uses and minimize potential land use conflicts by limiting nonindustrial uses within the industrial districts; D. To minimize the impacts of industrial uses on adjacent nonindustrial districts; E. To upgrade appearance and parking conditions to a reasonable extent while maintaining the vitality of the industrial districts;
F. To promote industrial development at appropriate building intensities and trip-generation characteristics which will maintain acceptable traffic operating standards.

The additional purposes of each industrial district follow.

G. Industrial District (I). The industrial district provides opportunities for a full range of heavy and light industrial uses, including the building trades and automotive service industry. The industrial district protects general industrial uses from disruption and competition for space from unrelated retail, commercial and office uses that could be more appropriately located elsewhere in the city. However, ancillary office, small office and certain retail and service uses are allowed for the convenience of area businesses and employees.

H. Light Industrial/Office District (LI/O). The light industrial/office district provides landscaped settings for light industrial uses, research and development facilities, warehousing, wholesale distributing and office uses. Incidental employee-serving retail and service uses are encouraged. Specialty retail uses consistent with light industrial or office uses, region-serving specialty retail and retail uses supportive of and related to industrial uses may be permitted provided the proposed use is consistent with floor area ratio (FAR) and trip allocation standards. FAR requirements, trip allocation standards and design criteria vary throughout the district in response to specialized conditions recognized in the general plan.

I. Core Canal Industrial/Office District (CCI/O).

1. The core canal industrial/office district provides sites for light industrial, automotive service and small-scale office uses. Specialty retail uses consistent with industrial uses may be allowed provided the proposed use complies with FAR requirements and trip allocation standards.

Because this area suffers from severe parking congestion, and typically has small lot sizes and narrow street widths, high trip-generating uses such as general retail, personal service or food service establishments are restricted in this district. These types of uses are more appropriately located in nearby commercial districts.
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2. Within the core canal industrial/office district, new development and building remodels shall achieve upgraded design and reduce any adverse circulation and parking impacts. Fringe sites and buildings shall also provide an appropriate transition to adjacent residential and commercial districts.

J. Lindaro Mixed-Use District (LMU). The Lindaro mixed-use district provides sites for a mix of industrial and light industrial uses. To facilitate the transition of this district to a more compatible use with the adjacent school, to encourage the development of a more attractive entryway to the neighborhoods to the south, and to help meet the housing needs of artists and other professionals who want to combine their work and residence, allow live/work uses in addition to the existing industrial and light industrial uses.
(Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).

14.06.020 Land use regulations (I, LI/O, CCI/O, LMU).

P: Permitted; C: Conditional use permit; CZ: Conditional use permit/zoning administrator; A: Administrative use permit; Blank: Not allowed.

Table 14.06.020
Types of Land Use I LI/O CCI/O LMU Additional Use Regulations Industrial Uses
Boat building and repair C
Industry, general
Asphalt mix plants C
Assembly plants P P P P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Biotechnology firms C C C C
Cabinet shops P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Candle-making shop P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Ceramic shop P P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Chemical manufacture or processing C
Clothing manufacturing P P P P
Concrete mix plants C
Contractor's yards (screened) P CZ CZ CZ
Dry boat storage C C C
Dry cleaning plants P P P P* *Permitted by right unless within 300 feet of a residential district, in
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which case it is "CZ," subject to a
use permit.

Electronics industry CZ CZ C C
Food manufacture or processing P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Fuel yards C
Furniture manufacturing P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Furniture refinishing or repair P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Laboratories CZ CZ CZ CZ
Machine shops P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Metal fabrication, forging or welding
shops

CZ C C C
Packaging plants P* P* P* P* *Permitted by right unless within 300 feet of a residential district, in
which case it is "CZ," subject to a
use permit.

Pharmaceutical manufacturing C C C C
Planing mills C C
Printing shops P P P P
Research and development facilities C
Research and development industry CZ CZ C
Research and development services P P P
Rock, sand or gravel plants (crushing,
screening and stockpiling)
C
Mini-storage P P P P See Section 14.16.150(G)(4) for
FAR exception. For lots facing
Highway 101 or 580 or the Bay,
mini-storage use must be located
behind an active street front or bay
front use.

Moving companies P CZ C C
Storage, warehousing and distribution P P P P See Outdoor storage.

Trucking yards and terminals C
Waste Management
Hazardous waste transfer, storage,
treatment and recycling
C See hazardous waste management
plan standards.

Resource recovery and recycling CZ
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Solid waste management (collection,
disposal)
C See Chapter 10.72
Transfer stations C
Wholesale and distribution P P P P
Offices and Related Uses
Financial services and institutions CZ CZ
Medical services (medical, dental and
health-related services, with sale of
articles clearly incidental to the
services provided)
Clinics C C
Laboratories C C C C
Offices, medical C C C* *Max. of 5,000 sq. ft. or less.

Offices, general C* C** C C* *5,000 sq. ft. or less. **See Section

14.16.150(B)(2).

Commercial Uses
Animal care facilities (with or without
exterior kennels, pens or runs)
CZ CZ CZ CZ* See Chapter 14.17 standards.
*Without exterior kennels, pens or
runs (See Chapter 10.24).

Building materials and supplies
Brick, gravel, rock, concrete, lumber,
tile sales
P* P* P* P* *See Outdoor storage.

Electrical supply stores P* P* P* P* *See Outdoor storage.

Equipment rental business P* P* P* P* *See Outdoor storage.

Glass and window stores P* P* P* P* *See Outdoor storage.

Hardware stores P* P* P* P* *See Outdoor storage.

Paint stores P* P* P* P* *See Outdoor storage.

Plumbing supply stores (and ancillary
service)
P* P* P* P* *See Outdoor storage.

Business sales and service
Blueprint and photocopy shops P P P P
Computer services P P P
Locksmith shop P P P P
Office furniture sales and rentals P P P
Office supply and business machine
shops
P P P
Printing shops P P P P
Cannabis Related Uses
Cannabis Testing/lab P (1) P (1) P (1) *Subject to additional regulations and permitting (See SRMC Chapter

10.96)
Cannabis Delivery P(1) P(1) P(1) *Subject to additional regulations and permitting (See SRMC Chapter

10.96 Cannabis Manufacturing P(1) P(1) P(1) *Subject to additional regulations and permitting (See SRMC Chapter

10.96)
Cannabis Distribution P(1) P(1) P(1)
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Card rooms C See Chapter 10.36
Coffee roasters P P P C
Food and beverage establishments
Brew pubs CZ CZ CZ
Catering P P P P
Cocktail lounges (without food
service)
C
Fast food restaurants C C
Food service establishment, high
volume
C C
Food service establishment (with or
without incidental service of beer or
wine or ancillary bar), but without a
cocktail lounge, live entertainment as
defined under Chapter 14.03, and/or
dancing
(1) 1,000 sq. ft. or less in size CZ CZ CZ CZ
(2) More than 1,000 sq. ft. in size CZ CZ
Food service establishment, with a
cocktail lounge, live entertainment
and/or dancing
C
Live entertainment and/or dancing
(without food service)
C
Outdoor eating areas A A A A For outdoor eating areas on private property, see Section 14.17.110
standards. For outdoor seating
areas located on city sidewalks, see
Section 14.16.277 standards. For
outdoor seating areas on parking
spaces within the public right-ofway, see Chapter 11.70— "Streetaries" Outdoor Eating Areas.

Food and beverage stores
Bakeries (with ancillary food service
1,000 sq. ft. or less in size)
(1) Retail P P
(2) Wholesale P P P P
Funeral interment services
Mortuaries P P P
Crematories C Must be located at least 650 ft.
from any residential zoning district
and/or schools, including private,
parochial, public, nursery,
preschool and child day care
facilities; Crematory stack and
delivery entrance may not be
visible from public streets.

Maintenance and repair services
Appliance repair P* P* P* P* *See Outdoor storage.
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Building maintenance services P* P* P* P* *See Outdoor storage.

Furniture upholstery P* P* P* P* *See Outdoor storage.

General contractors P* P* P* P* *See Outdoor storage.

Motor vehicle sales and service
(including automobiles, motorcycles,
trailers, trucks and recreational
vehicles)
Auto detailing P CZ CZ C
Coin-op washing C C C C
Gasoline stations (including minimarkets, and minor repair, such as tune-ups, brakes, batteries, tires and
mufflers)
C C C See Chapter 14.16 regulations. For
repair, see Chapter 14.17
standards.

Rentals CZ CZ CZ CZ See Chapter 10.84
Repairs, major (engine work,
painting, body work)
A A A CZ See Chapter 14.17 standards.

Repairs, minor (tune-ups, brakes,
batteries, tires, mufflers, upholstery)
A A A CZ See Chapter 14.17 standards.

Sales, new or used vehicles C/CZ* C/CZ* C/CZ* C/CZ* *For sales of five or fewer cars.

Sales, parts and supplies P P P P
Towing businesses C C C C
Wrecking yards C See Chapter 10.52
Kiosks A See Section 14.16.225
Music rehearsal/recording studios P CZ CZ CZ
Outdoor storage CZ CZ CZ CZ
Personal service establishments
Artistic and photographic studios,
without sale of equipment or supplies
P P P
Barber shops/beauty salons P P P
Dry cleaning establishments with or
without on-site processing facilities

P P P P
Laundromat (self service) P P P
Nail salon P P P
Seamstress/tailor P P P
Shoe repair P P P
Recreational facilities (indoors)
Bowling alleys CZ CZ CZ
Fitness/recreation facility CZ CZ CZ
Retail
Drug stores and pharmacies C
Florist C
Specialty retail, region-serving C
Public, Quasi-Public and Community
Uses
Clubs and lodges, including youth
groups
C C C
Community gardens P P P P Subject to performance standards outlined in Chapter 14.17.
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Public facilities
Administrative offices C* P P P *5,000 sq. ft. or less.

Day services center C C C
Job center C C C
Public and utility facilities
(corporation, maintenance or storage
yards, utility distribution facilities,
etc.)

C C C C
Public facilities, other (police, fire,
paramedics, post office, etc.)

P P P P
Public parks, playgrounds and
recreation facilities
C
Religious institutions C C C
Schools
Parochial, private C C
Public P P
Specialized education and training CZ CZ CZ
Residential, Day Care and Visitor
Accommodation Uses
Live/work quarters A See Section 14.17.100(C)(9)
(Live/work quarters).

Caretaker's residence CZ CZ CZ CZ
Day care centers CZ CZ CZ CZ
Emergency shelters for the homeless
Permanent C P/C C C See Section 14.16.115
Rotating or temporary C C C C
Hotels or motels C C
Transportation facilities
Bus stations C C C
Heliport C
"Park and ride" facilities CZ CZ CZ
Parking facilities, commercial or public CZ CZ CZ
Taxi stations C C C See Chapter 10.60
Transit stations or transitways C C C
Temporary Uses
Temporary uses A A A A See Chapter 14.17 standards.

Accessory Structures and Uses
Accessory structures and uses
customarily incidental and contained
on the same site
P P P P See Chapter 14.16 regulations.
(1) Shall not be located within three hundred (300) feet from schools (public and private), as measured from the property lines of each parcel.
(Ord. 1838 § 25, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1815 § 3, 2004; Ord. 1751 § 2, 2000; Ord. 1742 § 2, 1999; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1641 § 1 (part), 1993; Ord. 1625 § 1 (part), 1992).
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(Ord. No. 1882, Exh. A, § 19, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1955 , (Exh. A, §§ 5, 6), 3- 19-2018; Ord. No. 1964 , § 2(Exh. B) §§ 6, 7, 11-19-2018; Ord. No. 1996 , div. 2(Exh. C, 3.1), 8-6-2021; Ord. No. 2015 , § 3, 9-6-2022; Ord. No. 2016 , § 4, 10-3-2022)

14.06.030 Property development standards (I, LI/O, CCI/O, LMU).

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

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

Table 14.06.030
I LI/O CCI/O LMU Additional Standards
Minimum lot area (sq. ft.) 6,000 6,000 6,000 6,000
Minimum lot width (ft.) 60 60 60 60
Floor area ratio (Max. non-residential
intensity)
* * * * * See Section 14.16.150
Minimum yards:

Front (ft.) NR 20 NR NR (A)
Side (ft.) NR 10 or
20/0

NR NR (A), (B)
Rear (ft.) NR 10 NR NR (A), (B)
Maximum height of structure (ft.) 36 36 36 36 (C)
Maximum lot coverage NR NR NR NR
Minimum landscaping 10% 20% 10% 10% (D), (E), (F), (G), (H), (I) Parking * * * * * Based on use. See
Section 14.18.040
(A) Where the frontage of a block is partially in a residential district, the front yard shall be the same as required for that residential district, and when the side and/or rear of the lot(s) abuts a residential district, the respective side and/or rear shall be ten feet (10′). (B) Parking and maneuvering shall be permitted within the required side and rear yards provided that a minimum six-foot wide landscape buffer area, excluding curbs, is provided adjacent to the side and rear property lines.
(C) Buildings existing or approved as of January 1, 1987, which are more than three (3) stories in height shall not be considered nonconforming, and are listed in Section 14.16.040, Buildings over three (3) stories.
(D) In the LI/O and CCI/O districts, street trees shall be included in landscaping plans for development fronting Harbor Street, Medway Road, and Bellam Blvd.; in the LMU district, for development facing Lindaro Street, and in the I district, for development fronting Woodland Avenue, Irwin Street, Lincoln Avenue, Andersen Drive and DuBois Street.
(E) Where the frontage of the lot(s) is adjacent to or across from a residential district, fifty percent (50%) of the front yard shall be landscaped. Where the side yard abuts a residential district, a minimum three feet (3′) of buffer landscaping must be provided. Where the rear of the lot abuts a residential district, ten feet (10′) of buffer landscaping must be provided.
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(F) For parking lot landscaping, see Section 14.18.160, Parking lot screening and landscaping. (G) Landscaping is encouraged along entryways to neighborhoods, including Irwin Street, Harbor Street, Medway Road, Bellam Boulevard, Lindaro Street and Woodland Avenue. (H) Exception may be granted for required minimum landscaping standards, subject to the provisions of Chapter 14.24, Exceptions.
(I) In the LI/O district, a minimum twenty feet (20′) of the front setback must be landscaped. (Ord. 1831 § 1 (part), 2004; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, §§ 20, 21, 6-21-2010)
Chapter 14.07 PLANNED DEVELOPMENT DISTRICT (PD)

14.07.010 Specific purposes.

The specific purposes of the planned development (PD) district are to:

A. Promote and encourage cluster development on large sites to avoid sensitive areas of property; B. Encourage innovative design on large sites by allowing flexibility in property development standards; C. Encourage the establishment of open areas in land development; D. Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods;
E. Establish a procedure for the development of large lots of land in order to reduce or eliminate the rigidity, delays and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small lots;
F. Accommodate various types of large-scale, complex, mixed-use, phased developments; G. Enable affected governmental bodies to receive information and provide an integrated response to both the immediate and long-range impacts of such proposed developments. (Ord. 1625 § 1 (part), 1992).

14.07.020 Land use regulations.

A. No use other than an existing use or a temporary use approved pursuant to section D, below, shall be permitted in a PD district except in accord with a valid development plan. Any permitted or conditional use authorized by this title may be included in an approved development plan, consistent with the general plan land use designation(s) and intensities for land within the PD district. The PD zoning approval shall establish the range of allowable land uses for the development.

B. A master use permit or individual use permits may be required to establish specific uses on the property consistent with general plan land uses and parking standards. A master use permit shall be required for nonresidential, phased and/or multi-tenant development.

C. A development plan is not required for existing school sites located in the PD district. A use permit shall be required for any nonpublic school uses of the site, or for reuse of any existing school facilities, per Section 4891-1508-9091 v1
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14.09.020, land use regulations (P/QP). A development plan shall be required when such property redevelops.

D. Temporary uses may be permitted within a PD district, with or without an approved or valid development plan. The performance standards and provisions of Section 14.17.130 of this Title shall apply to temporary uses, and shall be administered through a use permit (zoning administrator). (Ord. 1838 § 26, 2005; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 22, 6-21-2010)

14.07.030 Property development regulations.

A. Minimum Area. The minimum net area of a PD district shall be 2.5 acres, provided that a PD district may be subdivided in accord with a valid PD plan; exceptions to this provision are lots over 0.5 acres in size where developed to provide affordable housing and hillside residential lots over one acre in size where unusual site characteristics exist.

B. Residential Unit Density. The total number of dwelling units in a PD plan shall not exceed the maximum number permitted by the general plan density for the total site area. Density bonuses for senior housing development and affordable housing development may be considered consistent with general plan policies and state law.

C. Nonresidential Intensity. Nonresidential development shall not exceed floor area ratios, as specified in the general plan, except in the downtown where a one-time ten percent (10%) bonus may apply for business expansion.

D. Building Height Limits. Building heights shall be consistent with height standards contained in the general plan.

E. Other Development Regulations. Other development regulations shall be as prescribed by the development plan.
(Ord. 1838 § 27, 2005; Ord. 1831 § 1 (part), 2004; Ord. 1625 § 1 (part), 1992).

14.07.035 Established PD district containing no development standards or regulations.

When an established PD district does not contain or include site-specific regulations or spatial standards necessary to guide and approve building additions, modifications or property improvements, the following shall apply:

A. For proposed additions and modifications to principal structures and primary uses, the community development director shall determine, based on development characteristics, use and density, and the contiguous zoning districts, a zoning district adopted within this title that is most compatible to the PD district. The regulations and spatial standards of the most compatible zoning district shall be applied, subject to the approval of an environmental and design review permit.

B. For accessory structures, fences and other ancillary improvements, the regulations of Chapter 14.16 of this Title shall apply.

C. The community development director shall determine if the improvements proposed per A and B above are major or minor. Improvements determined to be major shall require an amendment to the PD zoning per Section 14.07.150 of this chapter. Improvements determined to be minor shall not require an amendment to the PD zoning.
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(Ord. No. 1882, Exh. A, § 23, 6-21-2010)

14.07.040 Authority.

The planning commission shall recommend approval, conditional approval or denial of applications to reclassify property to the PD district and/or applications for development plans to the city council. The city council shall have the authority to approve, conditionally approve or deny rezonings and/or development plan applications.
(Ord. 1625 § 1 (part), 1992).

14.07.050 Application.

A. An application to reclassify property to PD shall be initiated by a property owner or authorized agent, the planning commission or the city council. If the property is not under single ownership, all owners shall join in an application initiated by property owners, and a map showing the extent of ownerships shall be submitted with application materials. Applications to rezone property to PD shall be filed and processed in accordance with Chapter 14.27, Amendments. If property is already zoned PD, an approved development plan is required to develop the property.

B. Applications for development plans 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. Standard information required for a development plan application is listed below in Section

14.07.060. 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).

14.07.060 Required plans and materials.

In addition to the plans and materials required to accompany an application for a zoning map amendment as per Chapter 14.27, Amendments, an application for rezoning to a PD district shall include a development plan incorporating the information described below:

A. A map showing proposed district boundaries and the relationship of the district to uses and structures within a three hundred foot (300′) radius of the district boundaries; B. A map or aerial photo of the proposed district and three hundred feet (300′) beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; the type, location and condition of mature trees and other natural vegetation; and the location of existing development;
C. The proposed pattern of land use, with acreage, residential density or commercial intensity calculations. This shall include the total square footage of each type of nonresidential use proposed in order to assess parking and traffic impacts;
D. A site plan showing proposed street and lot patterns, and the location of all proposed buildings, structures, and other general site improvements;
E. A description of proposed setbacks, yard areas and height limits; 4891-1508-9091 v1
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F. A plan showing location, grades, and widths of all streets; location and size of all utilities; drainage structures; parking areas; walkways; and other improvements; G. Parking plan showing proposed parking layout and provisions for bicycle parking/storage; H. A topographical map with average site slopes, or slopes of proposed lots, if applicable, and slopes of proposed streets;
I. Geotechnical data (preliminary geologic report, geotechnical investigation report, and/or hazardous waste investigation report, as per general plan appendices, geotechnical review matrix); J. Traffic study;
K. Description of all open space and/or undeveloped areas and a statement indicating their intended disposition (i.e., deeded to property owners, dedicated to city, etc.); L. Proposed subdivision map if property is proposed to be divided; M. An enumeration of deviations between typical zoning ordinance standards for such uses and the proposed plan;
N. Phasing plan, if any;
O. Other information as may be prescribed by the planning director, depending on the type, location and potential impacts of the proposed development.

An application for development plan may be accompanied by an application for environmental and design review. If the development plan application is not accompanied by the environmental and design review application, the following preliminary design review information shall also be submitted as part of the development plan application:

P. Preliminary architectural elevations of all proposed buildings and structures; Q. Conceptual landscape plans;
R. Preliminary grading plan;
S. Site photographs showing site and adjacent properties; T. Other information as may be prescribed by the planning director. (Ord. 1625 § 1 (part), 1992).

14.07.070 Initial consultation—Concept plan review.

Applicants may request an initial consultation with the planning director (or the planning director's designated appointee) and/or a preliminary review by the design review board to review proposed development at the conceptual plan stage. See Section 14.25.030, Application. (Ord. 1625 § 1 (part), 1992).

14.07.080 Public notice and hearing.

A. The planning commission and city council shall hold public hearings to consider applications to rezone property to the PD district and/or a development plan application.

B. Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice. (Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992). 4891-1508-9091 v1
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14.07.090 Findings.

A recommendation by the planning commission to the city council or a decision by the city council to reclassify property to the PD district and/or to approve a development plan shall be based on the following set of required findings:

A. The development plan is consistent with the general plan, adopted neighborhood plans and other applicable city plans or policies;
B. Any residential development shall constitute a residential environment of sustained desirability and stability in harmony with the character of the surrounding neighborhood, and where applicable, adequate open space shall be provided;
C. Any nonresidential uses shall be appropriate in area, location and overall planning for the purpose intended, and the design and development standards shall create a nonresidential environment of sustained desirability and stability, and where applicable, adequate open space shall be provided; D. The applicant demonstrates that public facilities are provided to serve the anticipated population; E. The development is improved by deviations from typical zoning ordinance property development and parking standards; and
F. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety. Emergency vehicle access is provided to serve the proposed development. (Ord. 1625 § 1 (part), 1992).

14.07.100 Contents of PD zoning approvals.

A. PD zoning approvals shall include a text summary of the approved development plan, including the range of allowable land uses, residential density, number and type(s) of residential units, commercial/industrial intensity, building square footage devoted to each type of nonresidential land use, site development standards including setbacks, building envelopes, lot coverage and height limits, parking, open space areas, outdoor amenities and any other critical components of development approval.

B. A master use permit or individual use permit(s) may be required as per Section 14.07.020 to establish specific use approvals and to evaluate compliance with trip allocations and parking standards. (Ord. 1625 § 1 (part), 1992).

14.07.110 Notice of decision.

The planning commission or city council 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(s).
(Ord. 1625 § 1 (part), 1992).

14.07.120 Effect of failure to give notice.

No action, inaction or recommendation regarding any 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 4891-1508-9091 v1
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