988f8bca-3.a-zoning-code-amendments-to-add-clarifying-language-and-simplify-existing-zoning-regulations

____________________________________________________________________________________

FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 3.a
Meeting Date: June 1, 2026

SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community and Economic Development
Prepared by: Micah Hinkle, Director
Margaret Kavanaugh-Lynch,
Planning Manager
City Manager Approval: ______________
TOPIC: ZONING CODE AMENDMENTS TO ADD CLARIFYING LANGUAGE AND SIMPLIFY

EXISTING ZONING REGULATIONS
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND THE SAN RAFAEL ZONING CODE, SAN RAFAEL MUNICIPAL CODE, TITLE 14, DIVISION I GENERAL PROVISIONS, CHAPTER 14.03 DEFINITIONS, SECTION 14.03.030 DEFINITIONS AS WELL AS DIVISION V ADMINISTRATIVE REGULATIONS, CHAPTER 14.28, SECTIONS

14.28.010-14.28.080., AND TO FIND CEQA DETERMINATION: EXEMPT PURSUANT TO 15061(B)(3)
RECOMMENDATION:

Staff recommends that the City Council introduce the Ordinance (Attachment 1) approving the Amendments to the San Rafael Zoning Code, San Rafael Municipal Code Title 14), waive further reading, and refer to it by title only.

BACKGROUND:

Through daily use of the San Rafael Municipal Code (SRMC) Title 14- Zoning (Zoning Ordinance), City staff have identified various areas in need of clarification. These areas include minor errors, omissions, and internal inconsistencies, as well as code sections that are obsolete and/or in need of revision to improve their use and understanding. Accordingly, staff has drafted a first collection of Zoning Ordinance amendments to address these issues, including new and updated definitions as well as changes to the appeals section. These types of modifications are part of a larger task identified in the City Council’s Three-Year Strategic Plan: Goal A.4. Streamline and Modernize the City’s Land Use Regulatory Framework to Facilitate Development and Growth. And more specifically, A.4.2 Update the Citywide Zoning Ordinance to align with the General Plan 2040.

On March 10, 2026, staff held a study session and presented the first series of amendments to the Planning Commission. Following a robust discussion, staff received feedback on the initial proposed amendments. Staff then incorporated this feedback into updated amendments that staff presented to the Planning Commission at its April 14, 2026, meeting. The Planning Commission reviewed the updated amendments and voted unanimously to recommend that the City Council approve staff’s proposed Zoning Ordinance amendments.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
ANALYSIS:

Below is the list of recommended zoning code amendments for the City Council’s consideration. Staff notes that during the agenda review for this City Council item, the City Attorney's Office identified some implementation issues with the recommendations presented to the Planning Commission, which could impact the City Council, and recommended that staff further evaluate those impacts before introduction and adoption of those amendments. Specifically, the Call for Review section was removed in the Appeals Section 14.28.010. In addition, during the course of agenda review, the City Attorney's Office made a few minor modifications to Section 14.03.030, Section 14.28.010.F, 14.28.030.C and D, 14.28.050.B, and

14.28.070.B to improve clarity.

I. Municipal Code Amendments
Definitions Section
Below is the final draft of the new and/or revised Definitions that will be included in Chapter 14.03 (the proposed new text is shown in underline, and proposed deleted text is shown in strikethrough:

Alcoholic Beverage Sales. The retail sale of alcoholic beverages for on-site or off-site consumption, including liquor stores, convenience food stores, markets, taverns, bars, restaurants with bars, and beverage tasting facilities that sell alcoholic beverages for off-site consumption. This does not include restaurants, which serve alcoholic beverages as part of a meal, or the sale of alcoholic beverages for offsite consumption as part of a gift basket where the sale of alcohol within a gift basket is clearly incidental to the primary retail gift store use.

Alley. A public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Amusement Device. A machine which, upon payment, 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.
"Brew pub" means an establishment where beer, ale or malt liquors are produced and served to customers. May also include restaurant services.

Brew Pub. Authorizes the sale of beer, wine, and distilled spirits for consumption at a bona fide eating place plus allows for the brewing of up to 60,000 barrels of beer, per year. A brewpub-restaurant licensee may, at the licensed premises, sell beer produced and packaged by the licensee to consumers for consumption off the premises. All alcohol -related uses are subject to the approval of the California Department of Alcohol Beverage Control.

Business sales and service 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.

Cemetery, Mausoleums. An interment establishment engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and full-service mortuaries and funeral parlors accessory to a cemetery or columbarium.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Community and economic development director" means the head of the community and economic development department and is synonymous with "planning director," as used in this code. "Cottage food operation" means an enterprise that has not more than $50,000 in gross annual sales, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part.

Game arcade means a use with five (5) or more coin-operated amusement devices that may be coin-operated or accept other methods of payment.
"Kiosk" means a small, freestanding accessory structure used for retail or service uses (see also Section 14.16.225). This definition includes food trucks. "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. If the type of lot is not clear for any reason, a determination of lot type shall be made by the Director. Types of lots include the following. See Figure x-x (Lot Types).

Lot, Corner. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 205 degrees. If the intersection angle is more than 205 degrees, the lot is considered an interior lot.

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, Flag. A lot having access from the building site to a public street by means of private right-ofway strip. See Title 15, subdivisions, for regulations addressing the formation of a flag or panhandle lot.

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 Lot, Interior. A lot abutting only one street.

Lot, Key. An interior lot, the front of which adjoins the side property line of a corner lot.

Lot, Reverse Corner. A corner lot, the rear of which abuts a key 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.

Lot, Through. A lot with frontage on two generally parallel streets.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Figure x-x – Lot Types
Public art is defined as all forms of art including, but not limited to: sculptures, murals, mosaics, and fountains, which are located on the exterior of a publicly owned facility or on a privately owned property when such artwork is placed in a location intended to be visible to the general public (This definition is being relocated from San Rafael Municipal Code Section14.25.040.D.5) 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 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. If the front yard is not clear for any reason, a determination of lot type shall be made by the Director.

Yard, streetside. “Streetside 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 that is adjacent to a street, within which no structure shall be located except as provided in this title.

Appeals Section
Below is the final draft of the new and/or revised text proposed to be added to the Appeals procedures that will be included in Chapter 14.28. Please note the proposed new text in underline, and the proposed deleted text in strikethrough.

14.28.010 - Purpose and authorization for appeals.

Appeals may be filed by In the event that an applicant or by any other person aggrieved by a decision wish to contest an action made by the planning director, zoning administrator or planning commission relevant to the administration of this title., they may file an appeal as described below.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
B. Zoning Administrator Decision. Appeals based on decisions made by the zoning administrator shall be heard by filed by any aggrieved party the planning commission.

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

While an appeal is pending, the establishment of the proposed structure or use is to be held in abeyance.

D. The timely filing of an appeal shall stay all proceedings and project entitlements for and in the matter appealed including, but not limited to, the issuance of building permits and business licenses.

E. For ministerial determinations, the grounds for the appeal shall specify the standards applicable to the project that have or have not been met.

14.28.020 - Right of appeal.

Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.

14.28.030 - Filing and time limit of appeals.

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

14.28.030 - Filing and time limit of appeals.

A. An appeal under this title shall be filed with the Community and Economic Development Department.

B. Appeals shall be made in writing and shall include all the grounds for the appeal. Appeals shall be accompanied by an application cover form and the required filing fee as listed in the Master Fee Schedule.

C. The appeal must be submitted to the City’s Community Economic Development Department in one of the following ways:

1. In person at the public counter; or

2. Through the US Mail mailed to the attention of the Community and Economic Development Director; or

3. Through the permit software system used by the Community Economic Development Department.

D. The appeal must be received by the Community Economic Development Department, pursuant to subsection C above, no later than 4:00 pm on the tenth (10) calendar day after the date of action. For purposes of this subsection, “received” shall not include post marked dates or times, sent dates or times, or any emails received by City staff.

E. In the event that an appeal period ends on a Saturday, Sunday, or City holiday, the appeal period shall end at 4:00 p.m. on the next City business day.

F. If a basis of the appeal is that the Director's or the Commission's action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
presented as part of the appeal, the appellant shall be deemed to have waived any claim to sworn testimony and cross-examination.

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

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

C. Public hearing notice. Notice of public hearings shall be given in the manner required for the decision being appealed as set forth in Section 14.29.020 of this Code.

14.28.050 - Notice of decision.

A. After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant.

B. The hearing body shall render its decision within 30 days of the date the hearing is closed unless State law requires a shorter deadline. An action to grant an appeal shall require a majority vote of the members present. A tie vote shall have the effect of rejecting the appeal.

C. When reviewing any decision on appeal, the hearing body shall use the same standards and/or make the same findings for decision-making required for the original decision. The hearing body may adopt the same decision and findings as were originally approved or different ones.

14.28.060 - Effect of failure to give notice.

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

14.28.070 - Effective date of appealed actions.

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

B. A decision by the planning commission regarding an appeal shall become final five (5) working days ten (10) calendar days after the date of the action decision, unless appealed to the city council in which case all proceedings and entitlements shall be stayed pursuant to section 14.28.010.D.

14.28.080 - New appeal.

Following denial of an appeal, any matter that is substantially the same shall not be considered by the same body within one year, unless the denial is made without prejudice.

SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
ENVIRONMENTAL DETERMINATION:

The Zoning Code Amendments are exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

The proposed amendments are minor in nature and do not authorize any new development, and therefore, no impact on the environment is anticipated.

COMMUNITY OUTREACH:

Staff presented the proposed zoning code amendments to the City’s Planning Commission on March 10, 2026, and April 14th, 2026. The Planning Commission voted unanimously at its April 14th meeting for the City Council to adopt staff’s proposed amendments. In addition, staff has provided notice of hearing for the proposed Amendments in accordance with the noticing requirements contained in Chapter 14.29 of the Zoning Ordinance and Government Code Section 65867. Staff has received no comments as of the date of this report’s publication.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

OPTIONS:

1. Introduce the Ordinance approving the Amendments as presented (staff recommendation)

2. Introduce the Ordinance with certain modifications or additional conditions;

3. Do not adopt the Ordinance and direct staff to return with findings supporting denial; or

4. Continue the item and request additional information or analysis.

RECOMMENDED ACTION:

ATTACHMENTS:

1. City Council Ordinance Approving the Amendments to the San Rafael Zoning Code, San Rafael Municipal Code Title 14)

2. Planning Commission Resolution (April 14, 2026)
4929-5154-7032 v1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL ZONING ORDINANCE, SAN RAFAEL MUNICIPAL CODE, TITLE 14, DIVISION I GENERAL PROVISIONS, CHAPTER 14.03 DEFINITIONS, SECTION 14.03.030

DEFINITIONS AS WELL AS DIVISION V ADMINISTRATIVE REGULATIONS, CHAPTER 14.28, SECTIONS 14.28.010-14.28.080 AND FINDING THAT THIS ACTION

IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, Title 14 is of the San Rafael Municipal Code (SRMC) shall be known and cited as the San Rafael Zoning Ordinance; and
WHEREAS, through daily use City staff have identified sections in the Zoning Ordinance in need of correction, deletion and clarification; and WHEREAS, City staff presented proposed amendments to the Zoning Ordinance to the San Rafael Planning Commission on March 10, 2026 and April 14, 2026 to address the above-referenced issues; and
WHEREAS, staff has incorporated feedback provided by the Planning Commission in updated amendments to the Zoning Ordinance for the City Council’s consideration; and
WHEREAS, the City has complied with all noticing requirements for an Amendment to the San Rafael Municipal Code; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which this decision is based, is the Community and Economic Development Department.

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

DIVISION 1. Findings.

The City Council hereby determines and finds that all of the facts and statements contained in the recitals herein, and the findings of Planning Commission Resolution No. 26-04, adopted April 14, 2026, recommending to the City Council adoption of this Ordinance, are true and correct.

DIVISION 2. CEQA Determination.

The Council hereby finds that the Zoning Code Amendments are exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (General Rule), which provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed amendments are revisions minor in 4929-5154-7032 v1
nature and do not authorize any new development and therefore no impact to the environment is anticipated.

DIVISION 3. Amendment to Title 14 of the San Rafael Municipal Code.

Title 14 of the San Rafael Municipal Code is hereby amended as shown below, with additions in underline and deletions in strikethrough:

Title 14
Division I - GENERAL PROVISIONS
Chapter 14.03 - DEFINITIONS
Section 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."
4929-5154-7032 v1
"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 moderateincome households, or purchased at an affordable sales price to low and moderateincome 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. "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. “Alcoholic Beverage Sales” means the retail sale of alcoholic beverages for on-site or off-site consumption, including liquor stores, convenience food stores, markets, taverns, bars, restaurants with bars, and beverage tasting facilities that sell alcoholic beverages for off-site consumption. This does not include restaurants, which serve alcoholic beverages as part of a meal, or the sale of alcoholic beverages for off-site consumption as part of a gift basket where the sale of alcohol within a gift basket is clearly incidental to the primary retail gift store use.
“Alley” means a public or private roadway that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.
"Alteration" means any change or modification in construction. “Amusement Device” means a machine which, upon payment, 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. "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.
4929-5154-7032 v1
"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.
"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. “Brew Pub” means authorization of the sale of beer, wine, and distilled spirits for consumption at a bona fide eating place plus allows for the brewing of up to 60,000 barrels of beer, per year. A brewpub-restaurant licensee may, at the licensed premises, sell beer produced and packaged by the licensee to consumers for consumption off the premises.

All alcohol -related uses are subject to the approval of the California Department of Alcohol Beverage Control.
"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.
4929-5154-7032 v1
"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.
“Business sales and service” means 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.
"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. “Cemetery, Mausoleums” means an interment establishment engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium operations, and fullservice mortuaries and funeral parlors accessory to a cemetery or columbarium. 4929-5154-7032 v1
"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 drop-in basis with no regular patients.
"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 "on-sale" 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 fullservice 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 and economic development director" means the head of the community and economic 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 4929-5154-7032 v1
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.
"Cottage food operation" means an enterprise that has not more than $50,000 in gross annual sales, and has not more than one full-time equivalent cottage food employee, not including a family member or household member of the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers pursuant to this part.

Game arcade means a use with five (5) or more coin-operated amusement devices that may be coin-operated or accept other methods of payment. "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. "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).
4929-5154-7032 v1
"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. "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:
4929-5154-7032 v1
"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.
4929-5154-7032 v1
"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."
"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 counterordered 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 4929-5154-7032 v1
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.

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 self-supporting 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. 4929-5154-7032 v1
"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). "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.
4929-5154-7032 v1
"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.
4929-5154-7032 v1
"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 4929-5154-7032 v1
recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities.
"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 4929-5154-7032 v1
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.

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. If the type of lot is not clear for any reason, a determination of lot type shall be made by the Director. Types of lots include the following.

See Figure x-x (Lot Types).
"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, corner” means a lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 205 degrees. If the intersection angle is more than 205 degrees, the lot is considered an interior lot. "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. 4929-5154-7032 v1
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 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, flag. A lot having access from the building site to a public street by means of private right-of-way strip. See Title 15, subdivisions, for regulations addressing the formation of a flag or panhandle lot.

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 Lot, interior. A lot abutting only one street.

Lot, key. An interior lot, the front of which adjoins the side property line of a corner lot.

Lot, reverse corner. A corner lot, the rear of which abuts a key 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.

Lot, through. A lot with frontage on two generally parallel streets.

Figure x-x – Lot Types
"Lot line", see "Property line."
"Lot width" means lot area divided by lot depth.
4929-5154-7032 v1
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.
"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.
4929-5154-7032 v1
"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.
"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. 4929-5154-7032 v1
"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 neighborhood-serving 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. 4929-5154-7032 v1
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. 4929-5154-7032 v1
"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.
"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) 4929-5154-7032 v1
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 art is defined as all forms of art including, but not limited to: sculptures, murals, mosaics, and fountains, which are located on the exterior of a publicly owned facility or on a privately owned property when such artwork is placed in a location intended to be visible to the general public.
"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 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. 4929-5154-7032 v1
"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 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 4929-5154-7032 v1
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.
4929-5154-7032 v1
"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.
"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= .00229 IL / A
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 4929-5154-7032 v1
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.
"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."
4929-5154-7032 v1
"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.
"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′). 4929-5154-7032 v1
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 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, 4929-5154-7032 v1
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 street or consistent with any prior determination that was made to define the front yard. 4929-5154-7032 v1
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).

If the front yard is not clear for any reason, a determination of lot type shall be made by the Director.

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.

Title 14
Division V – ADMINISTRATIVE REGULATIONS
Chapter 14.28 - APPEALS

14.28.010 - Purpose and authorization for appeals.

A. Administrative Decision. Appeals based on decisions made by the planning director (or the planning director's designated appointee) shall be heard by filed by any aggrieved party with the planning commission.
4929-5154-7032 v1
B. Zoning Administrator Decision. Appeals based on decisions made by the zoning administrator shall be heard by filed by any aggrieved party with the planning commission.

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

While an appeal is pending, the establishment of the proposed structure or use is to be held in abeyance.

E. For ministerial determinations, the grounds for the appeal shall be based on whether the application meets the specific objective standards applicable to the project.

14.28.020 - Right of appeal.

Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.

14.28.030 - Filing and time limit of appeals.

A. An appeal under this title shall be filed with the Community and Economic Development Department.

B. Appeals shall be made in writing and shall include all the grounds for the appeal.

Appeals shall be accompanied by an application cover form and the required filing fee as listed in the Master Fee Schedule.

C. The appeal must be submitted to the City’s Community Economic Development Department in one of the following ways:

1. In person at the public counter; or

2. Through the US Mail mailed to the attention of the Community and Economic Development Director; or

3. Through the permit software system used by the Community Economic Development Department.

D. The appeal must be received by the Community Economic Development Department, pursuant to subsection C, above no later than 4:00 pm on the tenth (10) calendar day 4929-5154-7032 v1
after the date of action. For purposes of this subsection, “received” shall not include post marked dates or times, sent dates or times, or any emails received by City staff.

E. In the event that an appeal period ends on a Saturday, Sunday, or City holiday, the appeal period shall end at 4:00 p.m. on the next City business day.

F. If a basis of the appeal is that the Director's or the Commission's action constituted a taking of the subject property or any part thereof under the California or United States Constitutions, that ground and all evidence (including specific financial data and analyses, if any) and argument in support thereof shall be clearly stated as a separate ground of the appeal, or it shall be waived. If specific evidence is not presented as part of the appeal, the appellant shall be deemed to have waived any claim to sworn testimony and crossexamination.

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

C. Public hearing notice. Notice of public hearings shall be given in the manner required for the decision being appealed as set forth in Section 14.29.020 of this Code.

14.28.050 - Notice of decision.

A. After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant.

B. The hearing body shall render its decision within 30 days of the date the hearing is closed unless State law requires a shorter deadline. An action to grant an appeal shall require a majority vote of the members present . A tie vote shall have the effect of rejecting the appeal.

C. When reviewing any decision on appeal, the hearing body shall use the same standards and/or make the same findings required for the original decision. The hearing body may adopt the same decision and findings as were originally approved or different ones.

14.28.060 - Effect of failure to give notice.

No action, inaction or recommendation regarding any proposed development by the planning commission or city council shall be held void or invalid or be set aside by any court by reason of error or omission pertaining to the notices, including the failure to give 4929-5154-7032 v1
any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error or omission had not occurred or existed. There shall be no presumption that error or omission is prejudicial or that injury was done if error or omission is shown.

14.28.070 - Effective date of appealed actions.

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

B. A decision by the planning commission regarding an appeal shall become final five (5) working days ten (10) calendar days after the date of the action decision, unless appealed to the city council in which case proceedings and entitlements shall be stayed pursuant to section 14.28.010.D.

14.28.080 - New appeal.

Following denial of an appeal, any matter that is substantially the same shall not be considered by the same body within one year, unless the denial is made without prejudice.

DIVISION 4. Publication; Effective Date.

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 final passage. 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.

THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 1st day of June 2026, and was passed and adopted at a regular meeting of the San Rafael City Council on the 15th day of June 2026 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

__________________
KATE COLIN, Mayor
ATTEST:
______________________
LINDSAY LARA, City Clerk

San Rafael City CouncilJune 1, 2026

San Rafael City Council
June 1, 2026