Sausalito City Zoning Code

To implement and promote the goals and policies of the Sausalito General Plan and the marinship specific plan, and to guide, control and regulate the future growth and development of the City of Sausalito in a manner consistent with the plans;

To protect the established character and stability of private and public areas within the City, and assure orderly and beneficial development;

To manage the distribution of population consistent with, and based on, the availability of natural resources, public facilities and services necessary to support a growing population;

To reduce or remove negative impacts caused by the inappropriate location, use or design of buildings and land uses in relation to natural and built hazards, and the local circulation system;

To classify and regulate the use of land, buildings and structures;

To establish appropriate minimum regulations and standards for the development of land;

To preserve and enhance the unique visual and natural qualities of the City of Sausalito;

To balance view protection with property rights for all involved parties;

To provide adequate light, air, space, fire safety and privacy between buildings and convenient access to property;

To minimize erosion and silting of drains and drainage channels;

To attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning;

To provide adequate, safe and effective off-street parking and loading facilities;

To provide adequate personal and public safety access to property;

To foster harmonious and workable relationships among land uses;

To promote a safe, effective traffic circulation system and maintain acceptable local circulation system operating conditions;

To promote design quality in all development;

To preserve and enhance the City's existing historic, architectural and cultural resources;

To preserve and enhance natural resources and key visual features in the community, including the waterfront and hillsides;

To coordinate the service demands of new development with the capacities of existing streets, utilities and public services;

To protect and conserve Sausalito's existing housing stock;

To promote housing development that provides a variety of residential densities, occupancy types and locations;

To provide for effective citizen participation in decision-making;

To promote a balance of commercial and residential development; and

To preserve and encourage resident-serving commercial uses.

A map, or set of maps, known as the zoning map, delineating the boundaries of the zoning districts within the City of Sausalito.

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

Division I incorporates Chapter 10.10 SMC (Adoption of Zoning Ordinance), which adopts the Zoning Ordinance and zoning map, and this Chapter 10.12 SMC (Organization, Applicability and Interpretation).

Division II, Zoning Districts Regulations, establishes the land uses allowed in, and development standards for, each zoning district, as follows:

Division III, Land Use Requirements, includes the following:

Division IV, Permit Procedures, sets forth general and specific processing requirements for all permits, including application procedures, necessary findings, applicable conditions of approval, and effectiveness of permits, as follows:

Division V, Zoning Administration, sets forth the responsibilities for administering the Zoning Ordinance and the authority of the Community Development Director, Zoning Administrator, Planning Commission and Historic Preservation Commission, as follows:

Chapter 10.88 SMC, Definitions, defines terms used throughout this title.

Applicability to Property. This Zoning Ordinance shall apply to all land uses and development within the incorporated area of the City of Sausalito as provided by this section. The zoning map shall govern application of regulations to specific lots.

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

Public Nuisance. Neither the provisions of this title nor the approval of any permit authorized by this title shall authorize the maintenance of any public nuisance, as defined in SMC Title 12.

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

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

Specific Plans. When conflict occurs between the provisions of this title and standards adopted as part of any specific plan, the provisions of the specific plan shall apply.

Private Agreements. The requirements of this title are not intended to interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that was in effect when this Zoning Ordinance became effective. Where this title imposes a greater restriction on the development or use of structures or land than a private requirement, the provisions of this title shall apply. Where a covenant or private agreement imposes a greater restriction than this title, the provisions of this title shall still apply (without diminishing any private agreements or restrictions). The City will not enforce any private covenant or agreement unless the City is a party to the covenant or agreement.

Application During Local Emergency. The City Council may authorize deviations from any provision of this title during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing.

Issuance of Building Permits. Building permits issued by the Building Official/Inspector pursuant to SMC Title 8 shall comply with Division II of this title (Zoning Districts Regulations). The proposed land use and construction shall meet zoning requirements set forth in this title.

Exemptions from Land Use Permit Requirements. The land use permit requirements of this title do not apply to the following activities, uses of land, and structures:

Temporary Uses. Requirements for establishing a temporary use are in SMC § 10.44.310 (Temporary uses and events).

Other Permits May Still Be Required. An allowed land use that has obtained a required land use permit may still be required to obtain other permits before the use is constructed, or otherwise established and put into operation. Nothing in this chapter shall eliminate the need to obtain approvals required by the corresponding code or agency, as follows:

Zoning district boundaries shown as following roads or other rights-of-way shall be construed to follow the centerlines of such roads or rights-of-way.

Zoning district boundaries shown as following parcel lines shall be construed to follow such parcel lines.

In unsubdivided property or where a zoning district boundary divides a parcel, the location of the zoning district boundary shall be determined by the use of the scale appearing on the zoning map, unless dimensions printed on the zoning map indicate the boundary location, or any other facts or circumstances deemed relevant by the Community Development Director or the Planning Commission.

The Community Development Director may determine that a zoning district boundary, line, or other information on an official zoning map has been drafted in error and is not consistent with City Council hearing and action. The Community Development Director shall have the authority to correct the error to make the official zoning map consistent with the action of the City Council and consistent with public record.

Individuals may request a determination by the Planning Commission, or the Planning Commission can initiate its own determination in cases where there is additional uncertainty of the locations of zoning district boundaries.

Any property not specifically included within a zoning district shall be declared to be in the OS district until otherwise rezoned consistent with the general plan land use designation and surrounding zoning districts.

Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations, as outlined in the following subsections.

Base Zoning Districts. The City is divided into the base zoning districts listed in Table 10.12-1 (Base Zoning Districts – Designation and Regulations):

Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are listed in Table 10.12-2 (Overlay District Designations):

Permitted uses shall require issuance of a zoning permit by the Community Development Department, pursuant to Chapter 10.52 SMC (Zoning Permits).

Minor use permits shall be obtained for specified uses from the Zoning Administrator, pursuant to Chapter 10.58 SMC (Minor Use Permits).

Conditional use permits shall be obtained for specified uses from the Planning Commission pursuant to Chapter 10.60 SMC (Conditional Use Permits).

All discretionary permit applications that have been determined to be complete as provided by Government Code Section 65943 before the effective date of this Zoning Ordinance, or any amendment, shall be processed according to the regulations and requirements of the Zoning Ordinance in effect at the time the application was accepted as complete.

Any extension of time for land use permits shall be consistent with the requirements of the Zoning Ordinance in effect when the time extension applications were accepted as complete.

Any use authorized by an approved permit (including administrative design review permit, conditional use permit, variance, or design review permit) for which construction has not yet begun as of the effective date of the ordinance codified in this title, may still be constructed as provided by the approved permit, as long as the construction is completed and/or the approved use is established before the expiration of the permit pursuant to SMC § 10.50.120 (Implementation of permits), or where applicable, before the expiration of any time extension granted under SMC § 10.50.140 (Extension of approved permits).

No provision of this title shall require any change in the plans, construction or designated use of any structure for which a building permit has been issued prior to the effective date of the ordinance codified in this title, or any subsequent amendment of this title.

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

General Rules for the Construction of Language. For general rules regarding the use of language within this title, refer to SMC § 10.88.030.

Calendar Days. Whenever a number of days is specified in this title, or in any permit, condition of approval, or notice issued or given as provided by this title, such number of days shall be construed as calendar days, except that such time limits shall be extended to the following working day where the last of the specified number of days falls on a holiday or a weekend.

Minimum Requirements. When interpreting and applying the regulations of this title, all provisions shall be considered to be the minimum requirements, unless stated otherwise (e.g., height limits for buildings and structures, building coverage, and floor area are maximum requirements, not minimum).

Allowable Land Uses. If a proposed land use is not specifically listed in Division II of this title (Zoning Districts Regulations), the use shall not be allowed except as follows:

Record of Interpretations. Whenever the Community Development Director determines that the applicability or meaning of any of the requirements of this Zoning Ordinance are unclear generally or as applied to a specific case, the Community Development Director may issue an official interpretation. Official interpretations shall be:

Appeal and Referral. Any determinations or interpretations by the Community Development Director may be appealed as provided by Chapter 10.84 SMC (Appeals). The Community Development Director may refer any interpretation of this title to the Planning Commission for a determination.