This chapter establishes the authority of the zoning administrator, references matters subject to review by the zoning administrator and establishes public notice and hearing procedures for zoning administrator actions.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

The planning director shall appoint the zoning administrator. The zoning administrator shall be an employee of the city of San Rafael's planning department and shall be directly responsible to the planning director while acting in the capacity of zoning administrator.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

It shall be the duty of the planning director to establish, subject to approval by the planning commission, rules and procedures necessary to process, review, notify, hear and make findings and a determination of the items referred to in Section 14.20.040, Actions of the zoning administrator.

(Ord. 1625 § 1 (part), 1992).

The zoning administrator shall hold a public hearing on applications for use permits, variances or environmental and design review permits, as listed in the corresponding chapters. Notice shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

Uses identified in the Land Use Tables as "A" shall be subject to administrative use permit review.

(Ord. 1838 § 45, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996: Ord. 1625 § 1 (part), 1992).

The planning director may approve, conditionally approve or deny an administrative use permit application, unless otherwise restricted by state law. Development must comply with all of the required standards in Chapter 14.17, Performance Standards, and with all other requirements of Title 14 unless specifically exempted in Chapter 14.17.

(Ord. 1625 § 1 (part), 1992).

When, in the opinion of the planning director, any matter set forth in Section 14.21.020, Applicability, is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the planning commission for determination in lieu of having it processed by the planning director. Requests for modifications from performance standards of Chapter 14.17, Performance Standards, will be referred to the planning commission for review and determination.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

Public notice and/or hearing are not required for issuance of an administrative use permit.

(Ord. 1625 § 1 (part), 1992).

The planning director or the planning commission may apply reasonable conditions of approval to bring the development into conformity with requisite performance standards.

(Ord. 1625 § 1 (part), 1992).

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

A.

The proposed use is listed in this chapter as a use permitted pursuant to an administrative use permit and subject to performance standards;

B.

The proposed use as conditioned conforms to the performance standards for the proposed use as outlined in Chapter 14.17, Performance Standards;

C.

The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding uses in the neighborhood;

D.

Any other findings required under Chapter 14.17, Performance Standards, for the specific use;

E.

The use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;

F.

That the use, as conditioned, will be compatible with surrounding uses.

(Ord. 1625 § 1 (part), 1992).

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

An administrative use permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.

(Ord. 1625 § 1 (part), 1992).

Any administrative use permit approval shall run with the land and shall continue to be valid for the time frame specified whether or not there is a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

An administrative use permit may be extended by the planning director if the findings required by Section 14.21.080, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

An administrative use permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A.

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

B.

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

1.

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

2.

Will not have a detrimental impact on surrounding properties; and

3.

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

In cases where the zoning administrator takes action on a use permit application that would typically be reviewed and acted on by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the use permit review is being delegated from the planning commission to the zoning administrator for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator, a planning commissioner may direct, or a member of the public may request, that the application be referred to the planning commission for a public hearing and action.

(Ord. 1831 § 1 (part), 2004: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 76, 6-21-2010)

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A.

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

B.

Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

In approving a use permit the zoning administrator or planning commission may impose reasonable conditions.

(Ord. 1625 § 1 (part), 1992).

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

A.

That the proposed use is in accord with the general plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located;

B.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city;

C.

That the proposed use complies with each of the applicable provisions of the zoning ordinance.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

Appeals of zoning administrator or planning commission use permit determinations shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

A use permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.

(Ord. 1625 § 1 (part), 1992).

Any use permit approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

A use permit may be extended by the zoning administrator if the findings required by Section 14.22.080, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A use operated in violation of a condition of permit approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 77, 6-21-2010)

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

(Ord. 1625 § 1 (part), 1992).

Use permits are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 5.1), 8-6-2021)

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1663 § 1 (part), 1994: Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A.

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

B.

Notice of public hearings shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

In approving a variance the zoning administrator or planning commission may impose reasonable conditions.

(Ord. 1625 § 1 (part), 1992).

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

A.

That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

B.

That the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated;

C.

That granting the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations for the zoning district in which the subject property is located;

D.

That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

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

E.

The variance will be an incentive to, and a benefit for, the nonresidential development; and,

F.

The variance will facilitate access to the nonresidential development by patrons of public transit facilities.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

Appeals of zoning administrator or planning commission determinations on variance applications shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

A variance shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless appealed.

(Ord. 1625 § 1 (part), 1992).

Any variance approval shall run with the land and shall continue to be valid for the time period specified whether or not there is a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

A variance may be extended by the zoning administrator if the findings required by Section 14.23.070, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A variance that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.30, Enforcement.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

Variances are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 6.1), 8-6-2021)

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

(Ord. 1625 § 1 (part), 1992).

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

A.

Fence Height.

1.

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

2.

In any residential district, the maximum height of any front yard or street side yard fence may be increased by a maximum of two feet (2') to prevent access to natural or physical hazardous conditions either on the lot or on an adjacent lot.

B.

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

C.

Lot Coverage.

1.

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

2.

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

D.

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

E.

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

F.

Landscaping.

1.

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

2.

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

G.

Parking.

1.

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

2.

Minimum aisle width may be reduced, subject to review by the traffic engineer. Aisle width exceptions shall only be allowed where such decrease will not create a hazardous traffic condition, and where such reduction is necessary to provide for additional parking where existing parking does not meet current standards.

3.

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

4.

In any single-family residential district, a recreational vehicle may be parked parallel to the residence in the front yard where there is a curved or circular driveway or where there are special and unique circumstances on the site because of topography or lot shape. Recreational vehicle parking exceptions shall only be allowed where such parking is set back fifteen feet (15′) from the front property line and where it will not have an adverse visual impact on adjoining lots or lots across the street.

(Ord. 1838 § 46, 2005: Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 78, 6-21-2010; Ord. No. 1964, § 2(Exh. B) § 32, 11-19-2018; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

In approving an exception, the planning director may impose reasonable conditions.

(Ord. 1625 § 1 (part), 1992).

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

A.

That there are special circumstances applicable to the property or land use, including but not limited to the size, shape, topography, location or surroundings that warrant granting of a minor exception from the strict application of the standards in this title;

B.

That granting the exception will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare.

(Ord. 1625 § 1 (part), 1992).

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

Appeals of the planning director's determinations on requests for exceptions shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

A.

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

B.

The rights granted by the exception shall be effective only when exercised within the time period established as a condition of granting the exception, or, in the absence of such established time period, one year from the date the permit becomes effective.

(Ord. 1625 § 1 (part), 1992).

Once exercised, any exception granted shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

(Ord. 1625 § 1 (part), 1992).

An exception may be extended by the planning director if the findings required by Section 14.24.060, Findings, remain valid and application is made prior to expiration.

(Ord. 1625 § 1 (part), 1992).

A request for a change in the conditions of approval of an exception, or changes to plans which would affect a condition of approval, shall be treated as a new application for an exception.

(Ord. 1625 § 1 (part), 1992).

An exception that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

If an application for an exception is denied or revoked, no new application for the same, or substantially the same, exception shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(Ord. 1625 § 1 (part), 1992).

Exceptions are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued, or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 7.1), 8-6-2021)

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

A.

First and foremost, maintain a proper balance between development and the natural environment;

B.

Ensure that the location, design and materials and colors of development blends with and enhances the natural setting;

C.

Maintain and improve the quality of, and relationship between, development and the surrounding area to contribute to the attractiveness of the city;

D.

Preserve balance and harmony within neighborhoods;

E.

Promote design excellence by encouraging creative design and the innovative use of materials and methods and techniques;

F.

Preserve and enhance views from other buildings and public property;

G.

Ensure the right to make residential additions and modifications which minimize the impact on adjacent residences and which are designed to be compatible with the existing residence and neighborhood.

H.

Ensure superior urban design and the protection of historic resources in the downtown mixed use district, as stipulated in and promoted by the vision of the Downtown San Rafael Precise Plan and Form-Based Code, which is adopted by separate ordinance and incorporated herein by reference.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. A, 10.1), 8-16-2021)

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

A.

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

B.

Minor Environmental and Design Review Permit. The zoning administrator shall make determinations on environmental and design review applications for any minor physical improvement listed under Section 14.25.040(B), and one-time extensions to major and minor environmental and design review permit approvals.

C.

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

D.

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

E.

Reduced Level of Review. When, in the opinion of the community development director, any matter set forth in Section 14.25.040(A) or (B) of this chapter is insignificant or inconsequential, will have no detrimental impact on surrounding properties or public vantage points, and is not a matter requiring the designated level of review, it may be processed by the zoning administrator or community development director. In cases where the zoning administrator or community development director process an application that would normally be reviewed by the planning commission, the planning commission shall be informed of the pending action through receipt of the public hearing notice. The public hearing notice shall indicate that the design review permit review is being delegated from the planning commission to the zoning administrator or community development director for action, and that a request may be made to refer the matter back to the planning commission for action. Prior to an action by the zoning administrator or community development director, a planning commissioner may direct, or a member of the public may request, that the application be referred to the planning commission for a public hearing and action.

(Ord. 1838 § 47, 2005; Ord. 1820 § 2, 2004; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 79, 6-21-2010; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

Floor and roof plans;

8.

Phasing plan, if proposed;

9.

Site photographs showing site and adjacent properties;

10.

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

11.

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

12.

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

C.

Multiple Applications. When multiple permit applications are filed for a given development or site (for example, in the case of a development which requires a use permit, environmental and design review permit and a variance) the community development director may schedule combined hearings.

(Ord. 1838 § 48, 2005; Ord. 1820 § 3, 2004; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, §§ 80—82, 6-21-2010; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

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

A.

Major Physical Improvements.

1.

New construction on vacant property, including, but not limited to:

a.

Any residential structure located within one hundred (100) vertical feet of a ridgeline,

b.

Residential structures with three (3) or more dwelling units, and boarding houses,

c.

Residential structures as required by subdivision or zoning approvals,

d.

Offices, retail and industrial structures,

e.

Public, quasi-public, religious, social and similar community structures,

f.

Marinas and yacht clubs;

2.

Modifications to existing structures, including, but not limited to:

a.

Additions to multifamily residential structures with three (3) or more units, where the addition constitutes more than forty percent (40%) of the total square footage of the building,

b.

Additions and alterations to existing nonresidential structures where the addition is greater than forty percent (40%) of the existing square footage. (Note: The community development director may determine that an addition or alteration greater than forty percent (40%) which has a minor impact on the visual character or function of a building is subject to a minor design review permit.),

c.

Relocation of a nonresidential structure, or of a residential structure with three (3) or more existing dwelling units.

3.

Major site design improvements, including but not limited to:

a.

Subdivisions located on properties with an average slope of twenty-five percent (25%) or greater, or with a general plan land use designation of hillside residential or hillside resource residential,

b.

Cutting of one thousand (1,000) or more cubic yards per site per year, or fill of two thousand (2,000) or more cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.),

c.

Landscaping as part of a development subject to major environmental and design review,

d.

Circulation and parking and loading facilities for pedestrians, bicycles and motor vehicles on a development subject to major environmental and design review,

e.

Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs;

4.

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

5.

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

6.

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

B.

Minor Physical Improvements.

1.

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

2.

New construction and modifications, including, but not limited to:

a.

Any new residence or residential additions over five hundred (500) square feet in size, or any modification that increases the height of the roofline, when located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations.

b.

Any addition or modification that results in lifting the existing ground level floor of a residence to construct a new ground level floor (lift and fill) located on single-family or duplex residential lots (See Section 14.25.050.F.6. for design criteria).

c.

Accessory structures, or additions or modifications to any residential structure located within one hundred (100) vertical feet of a ridgeline when such improvement increases the height of a roofline, or increases building scale and mass and is determined to be visible from off-site.

d.

Additions to multifamily residential structures containing three (3) or more dwelling units, where the addition constitutes forty percent (40%) or less than the total square footage of the building.

e.

New two-story single-family and duplex residential structures proposing an upper story level over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria).

f.

Upper-story additions to single-family and duplex residential structures over five hundred (500) square feet in size (See Section 14.25.050.F.6. for design criteria).

g.

Accessory structures on developed non-residential properties over one hundred twenty (120) square feet in size.

h.

Accessory structures on developed multi-family residential properties over two hundred forty (240) square feet in size.

i.

New construction or reconstruction of boat docking facilities,

j.

Additions and alterations to existing nonresidential structures and/or additions to existing nonresidential structures where the addition is forty percent (40%) or less of the existing square footage and no greater than one thousand two hundred fifty (1,250) square feet. Based on the scope and potential impact of the change(s), the level of review may be decreased by the community development director.

k.

Structures over the height limit, including flagpoles, aboveground utility distribution facilities, including communications towers and public water tanks, windmills, monuments, steeples, cupolas, and screens for mechanical equipment (chimneys are exempt).

l.

Wireless communications facilities, as prescribed under Chapter 14.16.360.B.

3.

Minor site design improvements, including, but not limited to:

a.

Cutting of more than fifty (50) cubic yards and less than one thousand (1,000) cubic yards per site per year, or fill more than fifty (50) cubic yards and less than two thousand (2,000) cubic yards per site per year. (Exempt: Where removal is being done in accordance with an approved and legally effective tentative and/or final subdivision map, and a legally effective building permit.) (Note: A use permit is also required where the principal use proposed is cutting or filling.).

b.

Landscaping, exterior lighting, fencing, and retaining walls over four feet (4′) high, proposed as part of a minor physical improvement subject to environmental and design review.

c.

Landscape revisions determined to be minor revisions to an existing hillside residential, multifamily or nonresidential development, proposed as part of a minor physical improvement.

d.

Parking and loading areas, including driveways, sidewalks and curb cuts, on a development subject to minor environmental and design review,

e.

Commercial parking lots, including private parking and new parking locations for uses with insufficient parking.

f.

Drive-Through Facilities. See Section 14.16.110, Drive-through facilities, of this title, for regulations.

g.

Signs for a development subject to environmental and design review. The sign permit application shall be reviewed for location, size and type of signs concurrently with the design review application. See Chapter 14.19, Signs, of this title.

4.

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

C.

Administrative Design Permits.

1.

For projects located in the downtown mixed use district that are subject to administrative design review, refer to the Downtown San Rafael Precise Plan and Form-Based Code which is adopted by separate ordinance.

2.

Decks, or additions to existing decks, higher than thirty inches (30″) above grade, located on residential lots with average slopes of twenty-five percent (25%) or greater or located in the hillside resource residential and hillside residential general plan land use designations, except no review is required for decks:

a.

Less than a total of one hundred (100) square feet,

b.

Not visible from the public street or adjacent properties, or

c.

Replacing an existing elevated deck with a deck of same size and configuration.

3.

New single-family residences located on a flag lot.

4.

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

5.

Conversion of a single-family residence to a duplex.

6.

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

7.

Outdoor eating areas (as prescribed by Section 14.17.110).

8.

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

9.

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

10.

Residential fences over seven feet (7′) in height, and as set forth under the criteria in Section 14.16.140.

11.

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

12.

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

13.

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

14.

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

15.

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

16.

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

17.

Outdoor storage areas.

18.

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

19.

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

20.

Rooftop equipment and screens visible from off-site.

21.

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

22.

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

23.

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

24.

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

25.

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

D.

Exempt from Design Review.

1.

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

2.

Ordinary maintenance and repairs;

3.

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

4.

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

5.

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

6.

The community development director may declare improvements which have been determined to be minor or incidental within the intent and objectives of this chapter to be exempt from review.

(Ord. 1838 § 49, 2005; Ord. 1825 § 2 (Exh. A) (part), 2004; Ord. 1820 § 4, 2004; Ord. 1819 § 2, 2004; Ord. 1802 § 6, 2003: Ord. 1751 § 7, 2000; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, §§ 83—89, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1964, § 2(Exh. B) § 33, 11-19-2018; Ord. No. 1991, divs. 1, 2, 3-1-2021; Ord. No. 1996, div. 2(Exh. A, 10.2), 8-16-2021; Ord. No. 2002, div. 14, 12-6-2021)

* Legislative history: Ordinances 1819 and 1820, adopted contemporaneously on February 2, 2004, amended the same code section, Section 14.25.040(C). Ordinance 1819 added a new subsection 10 to Section 14.25.040(C) and Ordinance 1820 moved subsections 1 and 2 from Section 14.25.040(C) to Section 14.25.040(B). Due to clerical error and contrary to the intent of the city council, Ordinance 1820 did not incorporate the amendment resulting from Ordinance 1819. The correct version of Section 14.25.040(C), as intended by the city council in its adoption of Ordinances 1819 and 1820, is set forth herein.

A.

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

B.

Consistency with Specific Plans.

1.

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

2.

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

C.

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

1.

The project design alternative meets the stated objectives of the guidelines to preserve the inherent characteristics of hillside sites, display sensitivity to the natural hillside setting and compatibility with nearby hillside neighborhoods, and maintain a strong relationship to the natural setting; and

2.

Alternative design solutions which minimize grading, retain more of the project site in its natural state, minimize visual impacts, protect significant trees, or protect natural resources result in a demonstrably superior project with greater sensitivity to the natural setting and compatibility with and sensitivity to nearby structures.

D.

Competent Design. The development plans shall be designed by, and bear the signature of a person who, under the building code, has been designated as legally competent to submit such development proposal. Plans for a development subject to a major environmental and design review permit before the planning commission shall be prepared by, and bear the signature of, an architect and/or landscape architect licensed by the state of California Department of Consumer Affairs.

E.

Site Design. There should be a harmonious relationship between structures within the development and between the structures and the site. Proposed structures and site development should be related accordant to existing development in the vicinity. There must be a consistent organization of materials and a balanced relationship of major elements.

1.

Views. Major views of the San Pablo Bay, wetlands, bay frontage, the Canal, Mt. Tamalpais and the hills should be preserved and enhanced from public streets and public vantage points. In addition, respect views of St. Raphael's Church up "A" Street.

2.

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

3.

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

4.

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

5.

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

6.

Utility Service. Utility connections shall be installed underground. Proposed method of sanitary sewage disposal for all buildings shall be indicated. Refuse collection areas shall be screened and located in areas convenient both to users and to persons who make collections. There shall be adequate ingress and egress to all utilities. (Note: Recycling facilities must meet Standard of Resolution 93-57.)

F.

Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity, and should enhance important community gateways, view corridors and waterways as identified in the general plan.

1.

Design Elements and Approaches. Design elements and approaches which are encouraged include:

a.

Creation of interest in the building elevation;

b.

Pedestrian-oriented design in appropriate locations;

c.

Energy-efficient design;

d.

Provision of a sense of entry;

e.

Variation in building placement and height;

f.

Dwelling units accessible to the mobility-impaired;

g.

Equal attention to design of all facades in sensitive locations;

h.

Bedrooms and decks oriented away from high noise sources;

i.

Common usable areas should offer residents a convenient and attractive place to exercise, relax and meet one another;

j.

Private yard areas should be oriented away from high noise sources and take advantage of view opportunities and solar orientation.

2.

Materials and Colors. Materials and colors should be consistent with the context of the surrounding area. To minimize contrast of the structure with its background as viewed from the surrounding neighborhood, color selection shall coordinate with the predominant colors and values of the surrounding landscape and architecture. High-quality building materials are required. In hillside areas, as identified in Section 14.12.020 of this title, natural materials and colors in the earth tone and woodnote range are generally preferred. Other colors and materials may be used which are appropriate to the architectural style, harmonious with the site and/or compatible with the character of the surrounding environment.

a.

Earthtone/woodtone colors are considered to be various natural shades of reddish-brown, brown, grey, tan, ocher, umber, gold, sand, blue and green.

b.

Natural materials include adobe, slump block, brick, stone, stucco, wood shakes, shingles and siding, and tile roofs.

c.

Concrete surfaces shall be colored, textured, sculptured and/or patterned to serve a design as well as a structural function.

d.

Metal buildings, roofs, or finishes that develop an attractive oxidized finish (such as copper or weathering steel) may be used. Unpainted metal, galvanized metal or metal subject to rusting is discouraged.

e.

Glare-reducing and color-harmonizing finishes may be required on glass surfaces when they constitute fifty percent (50%) or more of a wall or building face, or when they permit a view of pipes, utilities and other service units.

f.

Reflective glass, such as mirror or glazed, is discouraged. Such glass may be prohibited where it has an adverse impact, such as glare on pedestrian or automotive traffic or on adjacent structures.

g.

Roof materials shall minimize reflectivity.

3.

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

4.

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

5.

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

6.

Upper-Story Additions and Modifications Which Result in More Than One Floor. Design review of new two-story homes, upper-story additions and lift-and-fill construction is not intended to preclude such development, but rather required to assure better design of such additions and to limit impacts on adjacent properties. Modifications to structures on lots in the hillside development overlay district or on lots with an average slope of twenty-five percent (25%) or more are subject to the Hillside Residential Design Guidelines Manual.

a.

Windows Facing the Rear Yard. There shall be a minimum number of upper-story windows facing the rear where privacy of adjacent residential structures would be significantly affected (e.g., unfiltered and direct views from a primary living area into a primary living room, bedroom or backyard recreational area of an adjoining residential property would result). Windows above the first story shall be designed so that they do not look directly onto private patios or backyards of adjoining residential property. Skylights, opaque glass, permanently affixed louvers, inset windows or windows with high sills may be required where appropriate when other window designs would severely affect the privacy of rear yards or patios of adjacent residences.

b.

Windows Facing the Side Yard. Windows, balconies or similar openings above the first story shall be oriented so as not to have a direct line-of-sight into windows, balconies or similar openings of adjacent structures.

c.

Windows Facing the Front Yard. Windows, balconies, doors or other openings above the first story are encouraged. Windows and doors shall match the style and scale of the windows and doors of the existing structure. Upper-story additions shall be an extension of the existing residence with internal circulation connecting to the existing structure.

d.

Outside Stairways. Outside stairways to upper stories shall be designed as modest structures which do not dominate the facade of the building.

e.

Design Consistency. Proposed roof slope, window style and building materials shall be designed to be consistent with the roof slope, window style and materials of the existing structure.

f.

Neighborhood Compatibility. Where a prevailing design exists on both sides of the street for the length of the block, the addition or modification shall be designed to be compatible with the design character and scale of the neighboring buildings.

g.

Shadowing. Shading of existing solar collectors and primary, active recreational areas in the rear and/or side yards of adjacent properties should generally not exceed ten percent (10%) of the area or increase existing shading by more than ten percent (10%) between the hours of noon and three p.m. (3:00 p.m.) on December 21 due to the proposed upper-story construction. For purposes of this subsection, a solar collector shall be any device which is designed primarily to collect solar energy and which contains an area of twenty-four (24) square feet or more. Applications which cannot meet this design criterion shall demonstrate that every feasible effort has been made to reduce the shading impacts of the proposed structure and that a reasonable upper-story addition which complies with this design criterion is not feasible.

G.

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

1.

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

2.

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

3.

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

4.

Street Trees and Landscaping. Street trees shall be shown on plans submitted for a project within the downtown area, and shall be provided and protected in accordance with the city street tree planting guidelines and recommendations of the city arborist. Street trees and landscaping should be consistent with the following:

a.

Provide smaller scale, seasonal color and street trees for pedestrian-oriented streets;

b.

Provide high-canopy traffic-tolerant trees and landscaped setbacks for primary vehicular circulation streets.

c.

Existing mature trees proposed to be removed as part of a project should be replaced with an equivalent number, size and alternate species.

d.

Trees proposed to remain shall be protected during construction.

e.

All trees shall be installed, protected and pruned in accord with accepted arboricultural standards and practices.

H.

Temporary Visual and Air Pollution Resulting from Construction. Temporary pollution resulting from grading and construction shall be minimized to avoid unnecessary annoyance to persons living or working in the area.

(Ord. 1838 §§ 50, 51, 2005; Ord. 1820 § 5, 2004; Ord. 1802 § 7, 2003; Ord. 1695 § 1, 1996; Ord. 1694 § 1 (Exh. A) (part), 1996; Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, §§ 90—93, 6-21-2010; Ord. No. 1923, § 2(Exh. A), 6-16-2014; Ord. No. 1996, div. 2(Exh. A, 10.3), 8-16-2021; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

A.

Major Environmental and Design Review Permit.

1.

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

2.

Notice of planning commission hearings shall be given consistent with Chapter 14.29, Public Notice.

B.

Minor Environmental and Design Review Permit.

1.

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

2.

Notice of zoning administrator hearings shall be given consistent with Chapter 14.29, Public Notice.

C.

Administrative Environmental and Design Review Permit. Public notice and hearing are not required for issuance of an administrative environmental and design review permit, except for development subject to Sections 14.14.030 and 14.25.040(C)(19), modifications to properties in the EA overlay district, which shall comply with the notice provisions in Chapter 14.29 of this title.

(Ord. 1838 § 52, 2005; Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

(Ord. No. 1964, § 2(Exh. B) § 34, 11-19-2018; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

Editor's note— Ord. No. 2039, § 3(Exh. B), adopted July 15, 2024, repealed § 14.25.070, which pertained to streamlined review of certain residential projects and derived from Ord. No. 2018, div. 1, adopted Oct. 3, 2022.

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

A.

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

B.

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

C.

The building materials and colors as presented for approval shall be the same as required for the issuance of a building permit. Any future changes in materials or color shall be subject to review by the planning director and approval of an administrative environmental and design review permit.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 95, 6-21-2010; Ord. No. 2039, § 3(Exh. B), 7-15-2024)

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

A.

That the project design is in accord with the general plan, the objectives of the zoning ordinance and the purposes of this chapter;

B.

That the project design is consistent with all applicable site, architecture and landscaping design criteria and guidelines for the district in which the site is located;

C.

That the project design minimizes adverse environmental impacts; and

D.

That the project design will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 96, 6-21-2010)

The planning director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

Appeals of environmental and design review determinations shall be filed and processed in accordance with Chapter 14.28, Appeals.

(Ord. 1625 § 1 (part), 1992).

An environmental and design review permit shall become effective at the end of the appeal period as specified in Chapter 14.28, Appeals, unless an appeal is filed.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1751 § 8, 2000: Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 97, 6-21-2010)

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

(Ord. 1625 § 1 (part), 1992).

An environmental and design review permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, as provided in Chapter 14.29, Enforcement.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A.

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

B.

Construction Time Frame. The applicant shall continue with construction through to completion as one continuous process. The period of construction shall be of a duration reasonable to the size and complexity of the development. All plans have to be constructed and maintained as approved. Any design revisions are subject to Section 14.25.160, Amendments—New application.

C.

Building Construction Inspections. The building official shall, when performing building inspections on the site, also inspect for compliance with the environmental and design review permit and shall report to the community development director any deviations therefrom, either in the plans or on the site.

D.

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

E.

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

F.

Certificate of Occupancy. An occupancy permit shall not be issued in part or whole for any improvement subject to environmental and design review unless and until the work specified in the environmental and design review permit has been completed, including landscaping. If for any valid reason full compliance in accordance with the environmental and design review permit cannot be made, a cash bond or other approved form of surety, which shall be in such amount as the city may fix, shall be posted for the work to be completed within a reasonable period of time as determined by the community development director.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1882, Exh. A, § 98, 6-21-2010)

Environmental and design review permits are valid for two (2) years unless a different expiration date is stipulated at the time of approval, a building permit has been issued and construction diligently pursued, a certificate of occupancy has been issued or the permit is renewed or extended. If more than one (1) phase of a development is approved in a single action and the later phases remain outstanding, their approval shall lapse at the end of the authorized time frame.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 8.1), 8-6-2021)

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

(Ord. 1838 § 54 (part), 2005).

A.

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

B.

Elimination of Regulatory Barriers. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. A request for reasonable accommodation shall comply with Section 14.26.030 (Application requirements) of this chapter.

(Ord. 1838 § 54 (part), 2005).

A.

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

1.

The applicant's name, address and telephone number;

2.

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

3.

The current use of the property;

4.

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

5.

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

6.

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

B.

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

(Ord. 1838 § 54 (part), 2005).

A.

Community Development Director. A request for reasonable accommodation shall be reviewed by the community development director if no planning approval is sought other than the request for reasonable accommodation.

B.

Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary planning approval shall be reviewed by the authority reviewing the discretionary planning application.

(Ord. 1838 § 54 (part), 2005).

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

A.

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

B.

Other Review Authority. For a request made in conjunction with another discretionary planning approval, notice shall be given in the manner prescribed for the other discretionary planning application.

(Ord. 1838 § 54 (part), 2005).

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

B.

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

(Ord. 1838 § 54 (part), 2005).

A determination by the review authority to grant or deny a request for reasonable accommodation may be appealed in accordance with Chapter 14.28, Appeals, of this title.

(Ord. 1838 § 54 (part), 2005).

The purpose of this chapter is to establish procedures for amending the zoning map or zoning regulations whenever the public necessity, convenience or general welfare require such amendments. The amendment process is necessary to maintain consistency with the general plan and state law over time, to supplement zoning regulations, and to improve the effectiveness and clarity of the zoning ordinance. The provisions and procedures of this chapter are applicable to amendments to the Downtown San Rafael Precise Plan, form-based code and downtown zoning map, which are adopted by separate ordinance.

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1996, div. 2(Exh. C, 9.1), 8-6-2021)

A.

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

B.

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

(Ord. 1625 § 1 (part), 1992).

A.

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

1.

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

2.

Action of the planning director;

3.

Action of the planning commission; or, by

4.

Action of the city council.

B.

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

1.

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

2.

Action of the planning director;

3.

Action of the planning commission; or, by

4.

Action of the city council.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

The planning commission shall hold a public hearing on any proposed rezoning or amendment to the zoning ordinance. Notice of public hearing shall be given consistent with Chapter 14.29, Public Notice.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

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

A.

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

B.

The public health, safety and general welfare are served by the adoption of the proposed amendment.

(Ord. 1625 § 1 (part), 1992).

The city council shall prepare a written decision which shall contain the findings of fact upon which such decision is based. The decision shall be mailed to the applicant.

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

A.

Revising the boundaries of the area proposed for a zoning map amendment;

B.

Considering zoning map designations not originally presented in an application, motion or commission recommendation; or

C.

Considering a zoning regulation amendment not originally presented in a motion, application or commission recommendation.

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

A.

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

B.

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

C.

Effective Date. Prezonings approved by the city council shall become effective at the same time the annexation becomes effective.

(Ord. 1625 § 1 (part), 1992).

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

A.

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

B.

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

C.

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

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1838 § 55, 2005: Ord. 1625 § 1 (part), 1992).

A.

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

B.

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

C.

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

(Ord. 1625 § 1 (part), 1992).

(Ord. No. 1990, div. 6, 3-1-2021)

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

A.

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

B.

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

(Ord. 1625 § 1 (part), 1992).

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

(Ord. 1625 § 1 (part), 1992).

This chapter establishes procedures for noticing public meetings and hearings before the zoning administrator, planning commission and city council. When a public meeting or hearing is required by this zoning ordinance, public notice shall be given as provided by this chapter.

(Ord. 1824 § 1 (Exh. A) (part), 2004).

(Ord. No. 2039, § 3(Exh. B), 7-15-2024)

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

A.

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

1.

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

2.

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

3.

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

B.

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

1.

Mailing. Notice shall be mailed at least fifteen (15) days prior to the meeting or hearing to the following:

a.

Owners of the Project Site and Applicant. The owner(s) of the subject property, or the owner's agent and the applicant;

b.

Neighborhood, Business and Homeowner's Association. The affected neighborhood, business and homeowner's association(s) where the project site is located;

c.

Affected Property Owners. All property owners shown on the latest equalized assessment roll within a radius of three hundred feet (300′) from the exterior boundaries of the property that is the subject of the meeting or hearing (in lieu of the assessment roll, records of the county assessor which may contain more recent information than the assessment roll may be used);

d.

Nonowner Occupants and Tenants. All nonowner occupants and tenants within a radius of three hundred feet (300′) from the exterior boundaries of the property that is the subject of the meeting or hearing;

e.

Local Agencies. If any proposed rezoning or amendment to the zoning ordinance affects the permitted uses of real property, each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the development, whose ability to provide those facilities or services may be significantly affected.

2.

Posting. Notice shall be posted on the subject property at least fifteen (15) days prior to the meeting or hearing in accordance with the following:

a.

Applications Requiring Posting. A public hearing notification sign shall be required for the following applications: planned developments, rezonings and general plan amendments involving a land use change, tentative maps, variances, use permits involving new construction and environmental and design review permits. Posting shall be required for environmental and design review permits only when development is proposed on a vacant lot or when additional building area is proposed on an existing developed property.

b.

Sign Size, Height and Design. Each sign shall be twenty-four inches by thirty-six inches (24" × 36") and shall be mounted or attached to a frame that provides adequate visibility. The sign shall provide a notice with information about the proposed project, including: the name of the meeting or hearing body or officer, the date, time and location of the meeting or hearing, a description of the proposed project, and the phone number of the project planner and address where an interested person could call or visit to obtain additional information.

c.

Timing. The city shall cause the required sign to be posted, at the owner's expense, on the subject property in accordance with subsection (B)(2)(d) of this section, at least fifteen (15) days prior to the meeting or hearing. The sign shall remain until action has been taken on the project and the appeal period has expired.

d.

Location. The required sign shall be posted on the subject property parallel to the street or right-of-way within five feet (5′) of the front property line. In all instances, the sign shall be located in an area most visible to the public. Signs shall not be located in a manner that would impede safe sight distance for automobiles. In cases where there is an existing structure on the subject property located closer than five feet (5′) from the front property line, the notice may be posted inside a window or on a wall clearly visible from the public right-of-way or sidewalk.

3.

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

4.

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

5.

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

C.

Neighborhood Meetings. When neighborhood meetings are required in accordance with City Council Resolution 8037, or subsequent amendments, noticing shall follow the procedures in this Chapter.

(Ord. 1824 § 1 (Exh. A) (part), 2004).

(Ord. No. 1882, Exh. A, § 99, 6-21-2010)

This chapter establishes the authority of the code enforcement office, and identifies enforcement responsibilities, procedures and actions. Enforcement of the provisions of this title shall be diligently pursued in order to provide for their effective administration, to ensure compliance with the terms and conditions of permit and license approvals, to promote the city's planning efforts, and to protect the public health, safety and general welfare.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

The code enforcement office is hereby established as a separate department or division under the directorship of the planning department, with primary responsibility being enforcement of the zoning ordinance. The code enforcement office supports the planning department, city manager, city attorney, public works department, building inspection department, finance department and police department.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

A.

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

B.

All departments, official and public employees of the city of San Rafael vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title; and any such permit or license issued in conflict with the provisions of this title shall be null and void.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to this title or with any other ordinance relating to land use development. This section shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent or employee, if the person has notice of the terms and conditions of the permit or approval.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1774 § 2, 2001; Ord. 1625 § 1 (part), 1992).

Each day during any portion of which a person violates the provisions of this title or the terms and conditions of any permit or approval shall constitute a separate violation.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

In addition to any other remedy provided for by law, the following types of enforcement action may be taken with respect to any violation of this title or the terms and conditions of any permit or approval:

A.

The code enforcement officer, planning director or the planning director's designated appointee(s) may institute proceedings, as provided for in Section 14.30.070, Revocation of discretionary permits, of this chapter, to revoke any permit or approval;

B.

The code enforcement officer may issue a citation with fees, as provided for in Municipal Code Section 1.42.010;

C.

The code enforcement officer, planning director, director of public works, city attorney or any other city official designated by the city manager may institute nuisance abatement proceedings, as provided for in Municipal Code Chapters 1.16 and 1.20;

D.

The city attorney may prosecute as a misdemeanor municipal code violations, in accordance with Municipal Code Section 1.42.010.

(Ord. 1838 § 56, 2005: Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).

A.

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

B.

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

C.

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

D.

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

E.

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

F.

Right Cumulative. The city's right to revoke a discretionary permit, as provided in this section, shall be cumulative to any other remedy allowed by law.

(Ord. 1824 § 1 (Exh. A) (part), 2004: Ord. 1625 § 1 (part), 1992).