To preserve existing City-owned open space and parks; and

To provide guidelines for development and use of facilities on City- and Federally owned lands.

To preserve and protect open space lands within Sausalito;

To limit allowable land uses to low intensity public recreational uses and critical public facilities; and

To limit development of structures to accessory structures necessary to support the primary permitted uses.

Public Parks (PP):

To conserve and protect existing and future public parks and recreational facilities;

To encourage long-term maintenance and enhancement of parks and recreational facilities; and

To ensure that parks and recreational uses are compatible with adjacent uses and the character of the area in which they are located.

Public Institutional (PI):

To provide locations for public facilities to provide needed services to the community; and

To ensure public facilities are compatible with adjacent uses and the character of the area in which they are located.

Open Area (OA):

To ensure the retention of certain open water areas and shoreline areas for water-oriented activities in conformance with the general plan for Sausalito; and

To enhance the natural and scenic qualities of the waterfront and accommodate the needs of navigation.

Minimum Lot Size. New parcels proposed in a subdivision shall also comply with applicable provisions of SMC Title 9 (Subdivisions). Existing parcels which do not meet the minimum lot area or width requirements specified by this section may be developed in accordance with the development standards outlined in Table 10.20-2 (Site Development Standards – Open Space and Public Districts); provided, that the subject parcel has been legally created.

Setbacks. Setbacks will only be required where the subject parcel is adjacent to a residential zoning district. Additional requirements for setbacks between structures on the same site, and setbacks in other situations, are established by Chapter 10.40 SMC (General Development Regulations), including SMC § 10.40.080 (Exceptions to required setbacks) and Chapter 10.44 SMC (Specific Use Requirements) for certain specific land uses.

To provide suitable locations for a variety of housing types and classes of dwelling accommodations needed to serve the population of the City of Sausalito;

To provide stability and protection for residential areas;

To control the density and distribution of population throughout the area in conformance with the general plan;

To provide for public and private facilities necessary to serve residential areas;

To ensure sensitive hillside residential design; and

To provide opportunities for religious institutions, day care facilities, residential care facilities and other uses that are compatible with and desirable for residential neighborhoods.

Single-Family Residential (R-1). The single-family residential zoning district (R-1) provides for low density, detached single-family residential land use. Densities are based on existing development and are meant to be protected and preserved. Development standards reflect the scale, character, and intensity of existing neighborhoods.

The single-family residential zoning district is a very low to low density residential district with three different minimum lot sizes ranging from one dwelling unit per 6,000 square feet of land area (lot size) to one dwelling unit per 20,000 square feet of land area (lot size), depending on the environmental constraints and neighborhood character. The district is divided into three subdistricts (as indicated in Table 10.22-2, Site Development Standards – Residential Zoning Districts) based on these densities, including R-1-6, R-1-8 and R-1-20.

Two-Family Residential (R-2). The two-family residential zoning district (R-2) provides for a mix of single-family and duplex dwellings. The district is intended to provide for development of single- and two-family dwellings in appropriately located areas and with the appropriate character.

The two-family residential zoning district is a medium to medium-high density residential land use category. Densities are one dwelling unit per 2,500 square feet or 5,000 square feet, depending on location. The district is divided into two subdistricts (as indicated in Table 10.22-2, Site Development Standards – Residential Zoning Districts) based on these densities, including R-2-2.5 and R-2-5.

Planned Residential (PR). The planned residential zoning district preserves and maintains existing medium-high residential density development, including townhomes and condominiums.

Planned residential is a medium-high density residential district with a residential density of one dwelling unit per 1,980 square feet.

Multiple-Family Residential (R-3). The multiple-family residential zoning district provides areas for residential neighborhoods of single-family dwellings, two-family dwellings, duplexes, apartments, and other multiple-family attached dwelling units, such as condominiums. The multiple-family district provides for innovative site planning, while providing on-site recreational amenities and location near major community facilities, business centers and/or major streets.

The multiple-family district is a high density residential district with a residential density of one dwelling unit per 1,500 square feet.

Houseboats (H). The houseboat zoning district is intended to maintain and enhance the City's diverse housing stock and to continue to allow houseboat uses on the City's waterfront.

The houseboat district is a low density residential zoning district with a residential density of one dwelling unit per 10,000 square feet.

Arks (A). The residential ark district promotes and encourages traditional, pre-1963 single-family arks. The district encourages arks' maintenance, restoration and preservation in a manner compatible with surrounding marine and commercial uses. Residential arks are a high density residential land use with a residential density of one unit per 1,500 square feet.

Parcel Size. Each parcel proposed for development or a new land use, and each new parcel proposed in a subdivision, shall comply with the provisions that follow, or the applicable provisions of SMC § 10.40.030 (Minimum parcel standards). New parcels proposed in a subdivision shall also comply with all applicable provisions of SMC Title 9 (Subdivisions). Existing parcels that do not meet the minimum lot area or width requirements specified by this section as set forth in Table 10.22-2 may be developed in accordance with the development standards listed below; provided, that the subject parcel has been legally created.

Lot Width. Additional lot width requirements may be established or allowed by an applicable -Pd overlay district. (See SMC § 10.28.060, Planned development (-Pd).)

Setbacks. Different setbacks may also apply where a zoning district is combined with an overlay zoning district. Ten-foot front yard setbacks are required where designated on the zoning map. Minimum side yard setbacks may be increased in other situations as outlined in Chapter 10.40 SMC (General Development Regulations).

Density. Density is based on net parcel area. Maximum density for single-family dwellings in the single-family residential (R-1) district may be increased where additional units are approved as provided by SMC § 10.44.080 (Accessory dwelling unit regulations).

Building Height. Building height is measured from the natural average grade. Maximum building height may vary depending on parcel topography and may vary for other specific features of the site.

Additional Requirements. Land uses shall comply with the additional requirements established by Chapter 10.40 SMC (General Development Requirements) and Chapter 10.44 SMC (Specific Use Requirements).

To provide space for diverse types of commercial activity to serve people and industry, while maintaining and strengthening the economic base of the City of Sausalito;

To implement the general plan by designating a variety of commercial districts so that all appropriate types of commercial activity may have a suitable location;

To permit the establishment of varying commercial uses in locations suitable both to individual enterprises and the entire City of Sausalito;

To promote the constructive improvement and orderly growth of the existing well-located commercial centers and districts; and

To protect residential districts adjacent to commercial uses.

To provide for a wide variety of retail and service businesses to serve Sausalito residents and visitors;

To provide for enhanced quality and reduced redundancy of downtown's available merchandise;

To maintain an inviting shopping environment for visitors and residents, utilizing the area's natural attributes;

To provide for, and encourage, ground-floor retail business with upper-floor residential uses;

To promote continuous retail frontage and prohibit establishments that tend to break up such continuity; and

To provide for accessory manufacturing uses, incidental to primary commercial activity.

To provide for local-serving retail and service businesses and residential uses where mutually compatible;

To provide for local-serving commercial uses;

To provide a pedestrian-oriented experience for local residents; and

To provide for accessory manufacturing uses, incidental to primary commercial activity.

To provide local-serving retail and service businesses in a location and manner that serve nearby commercial and residential areas;

To provide one-stop convenience services in the three distinct neighborhood commercial centers; and

To provide for accessory manufacturing uses, incidental to primary commercial activity.

To provide for sales of frequently-purchased household necessities and services for local residents.

To protect the waterfront area, while promoting uses that benefit from, and need, a waterfront location.

To protect the waterfront area while promoting marine-oriented uses which will benefit from, and need, a waterfront location. The waterfront (W) district is divided into two subdistricts for the purposes of Table 10.24-1, including the base district (W) and combined with the marinship overlay (W-M) (SMC § 10.28.050, Marinship (-M)).

Incidental Manufacturing. Incidental manufacturing, fabricating, processing, packaging, treating and related storage will be allowed in the CC, CR and CN districts, subject to the following:

New Development in CR District. Unless authorized as a conditional use pursuant to Chapter 10.60 SMC (Conditional Use Permits), any use proposed above the ground floor within the CR zoning district shall be residential.

Outdoor Display of Merchandise and Commercial Uses. All uses and related commercial activities shall be conducted in enclosed buildings except for the following uses or activities when related to permitted or conditionally permitted use within a commercial zoning district:

Large Frontage Retail. Unless authorized as a conditional use pursuant to Chapter 10.60 SMC (Conditional Use Permits), retail trade businesses that front only one street and contain over 50 feet of lineal street frontage are prohibited. A conditional use permit shall also be required for any retail trade business located in a corner building with two street frontages on a corner lot that has more than 50 feet of lineal frontage on the primary street. The measurement of frontage shall be calculated separately for each tenant in a multitenant building. This requirement does not apply in the shopping center district.

Minimum Lot Size. New parcels proposed in a subdivision shall also comply with applicable provisions of SMC Title 9 (Subdivisions). Existing parcels which do not meet the minimum lot area or width requirements specified by this section may be developed in accordance with the development standards outlined in Table 10.24-2 (Site Development Standards – Commercial Zoning Districts); provided, that the subject parcel has been legally created.

Setbacks. Setbacks will only be required where the subject parcel is adjacent to a residential zoning district. Additional requirements for setbacks between structures on the same site, and setbacks in other situations, are established by SMC § 10.40.080 (Exceptions to required setbacks) and by Chapter 10.44 SMC (Specific Use Requirements) for certain specific land uses.

Residential Density. Allowed density for liveaboard residential uses in the W district shall be one unit for each 10 berths in a marina.

To provide for nonpolluting, low intensity industrial uses;

To provide for uses compatible with an industrial area;

To provide for non-invasive industry with minimal community impacts;

To provide for industrial, service and arts uses, with the necessary support elements for the Sausalito community;

To ensure all uses and development are compatible with the marinship specific plan;

To encourage a mixture of uses;

To provide for urban development standards;

To maintain the land use entitlements that were contained in prior code Section 10.700 (Industrial District Regulations); and

To provide for public access to and views of Richardson Bay.

Applied Arts. Applied arts uses may not exceed 50 percent of all arts uses on the parcel. Other required arts uses are fine, industrial and marine arts. Applied arts uses that are established consistent with this requirement may remain if other arts uses vacate the site and/or premises. However, the vacated tenant space cannot be utilized for uses other than required arts uses and must remain dedicated to the re-establishment of another required arts use to fulfill the inclusionary use ratio.

Commercial Uses. Commercial office and retail uses may not exceed 40 percent of the floor area permitted on the parcel and must be accompanied by noncommercial uses. Commercial office and retail uses that are established consistent with this requirement may remain if other noncommercial uses vacate the site and/or premises. However, the vacated tenant space cannot be utilized for uses other than noncommercial use and must remain dedicated to the re-establishment of another noncommercial use to fulfill the inclusionary use ratio.

Minimum Parcel Size. New parcels proposed in a subdivision shall comply with applicable provisions of SMC § 10.40.030 (Minimum parcel standards) and SMC Title 9 (Subdivisions). Existing parcels which do not meet the minimum lot area or width requirements specified by this section may be developed in accordance with the development standards outlined in the following section; provided, that the subject parcel has been legally created.

Setbacks. Setbacks will only be required where the subject parcel is adjacent to a residential (including H, houseboat) or public zoning district. Additional requirements for setbacks between structures on the same site, and setbacks in other situations are established by SMC § 10.28.050 (Marinship (-M)), 10.40.080 (Exceptions to required setbacks) and by Chapter 10.44 SMC (Specific Use Requirements) for certain specific land uses.

Floor Area Ratio. Accessory commercial and office use is limited to a floor area ratio of 0.15 of the total permitted floor area ratio (0.40).

Commercial Uses. Commercial uses shall not exceed 40 percent of the permitted FAR. For the purposes of this section, commercial uses shall include commercial office, commercial services, restaurants and food services. Accessory office uses shall not be included for the purposes of this section. Commercial uses shall be permitted when developed with approved noncommercial uses. No new commercial office uses are permitted, except for accessory offices (see SMC § 10.28.050(D), Land Uses).

Uses in Enclosed Buildings. All uses shall be conducted within completely enclosed buildings, except the following:

Marinship Overlay. All development is subject to the development requirements contained and specified in SMC § 10.28.050 (Marinship (-M)).

Operational Requirements. All new and existing operations and uses shall be subject to review of impacts, including but not limited to noise, air quality (including dust, fumes, gases, vapors, and other particulate matter), vibration, radiation, electrical disturbances, illumination and glare, odor, solid and liquid waste, and temperature variations.

To provide additional regulations for specified areas, to be used in combination with base zoning districts;

To address special needs or characteristics of applicable areas of Sausalito;

To prevent potential hazards and/or land use conflicts that may be created by unique community character or visual quality; and

To provide flexible development standards where doing so is consistent with the objectives, policies and programs of the general plan while ensuring substantial compliance with both specific and general regulations within the underlying district.

Purpose and Intent. The City Council may designate an area containing a number of structures having a special character or special historic, architectural, or aesthetic interest or value, and constituting a distinct section of the City, as a historic overlay district (-H). The historic overlay district designation shall have additional protections for the contributing structures and to ensure that physical alterations to properties within this overlay, including those to noncontributors, are compatible with the character of the district, but shall not affect the underlying base zoning district regulations. In addition to the general purposes of this chapter, the specific purposes of the historic overlay district are to provide the ability to acknowledge, honor, and encourage the continued maintenance and preservation of those select properties in the City that contribute to the City's architectural and cultural history. Further, it is the purpose of this chapter to promote the public health, safety, and general welfare by providing for the identification, recognition, designation, protection, enhancement, perpetuation, and use of historic resources that reflect associations important in the City's history and to:

Zoning Map Indicator. The -H historic overlay district may be combined with any zoning district. Each -H historic overlay district shall be shown on the zoning map by adding an "-H" designator to the base district designation, followed by the number of the district based on the order of adoption.

Applicability. All public and private lands within the boundaries of the historic overlay district shall be subject to this chapter, Chapter 10.46 SMC (Historic Preservation), any other applicable provisions of this title, and applicable provisions of the Sausalito Municipal Code.

Land Use and Development Regulations. The land use and development regulations applicable in an -H district shall be as prescribed for the base district with which it is combined unless modified by another overlay district. The requirements of any applicable design and sign guidelines shall govern where conflicts arise. The requirements and standards that apply to land uses and new development within the historic overlay district shall be as provided by Chapters 10.20 through 10.26 SMC (base zoning district regulations) for the applicable base zoning district, unless otherwise provided by a preservation agreement, pursuant to SMC § 10.46.070(F) (Written Agreement). Alternate uses may be allowed with a conditional use permit as provided by SMC § 10.46.070(D) (Additional Uses).

Establishment of Historic Overlay Districts. Historic overlay districts are areas, both contiguous and noncontiguous, of the City that have a special architectural, cultural, or historic significance, and are designated by the City Council. Properties within a historic overlay district may be both contributing and noncontributing, and those contributing properties may be identified on site with an exterior marker or plaque in accordance with City guidelines displaying pertinent information about the resource. A record of properties in each historic overlay district shall be kept by the City, and be provided to the regional information center of the State Office of Historic Preservation and other agencies as required.

Criteria for Establishing -H Historic Overlay District. The historic overlay district may be applied to areas which are documented as historic districts. Portions of a base zoning district that do not meet the criteria may be included in a historic overlay district if inclusion is found to be essential to the integrity of the district. The following criteria shall be used to determine application of the historic overlay district:

Procedures for Historic Overlay District Designation.

Certificate of Appropriateness Required. No person, owner, or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove, or change the exterior appearance to a property within a designated historic overlay district without first having undergone review for a certificate of appropriateness as provided in SMC § 10.46.060 (Property and review requirements).

Purpose and Intent. In addition to the general purposes of this chapter, the specific purposes of the marinship (-M) overlay district are as follows:

Zoning Map Indicator. The -M marinship overlay district may be combined with any zoning district included within the marinship specific plan area. The -M overlay district shall be shown on the zoning map by adding an "-M" designator to the base district designation.

Applicability. All lands within the boundaries of the marinship specific plan shall be subject to the regulations of the marinship overlay district.

Land Uses. The land use regulations applicable in an -M district shall be as prescribed for the base district with which it is combined unless modified by the following, or by another overlay district. The following land use regulations also apply to the -M overlay district:

Development Standards. All lands within the boundaries of the -M overlay district are subject to the development standards established by this section and shown in Table 10.28-1 (Site Development Standards – Marinship (-M) Overlay Zoning District). Any additional requirements applicable in the base district (IM, W, P, OA, SC, or H) or another applicable overlay district shall also apply. Additional standards may be established by the marinship specific plan and shall apply. Where development regulations conflict, the more restrictive shall apply. In addition, the following standards shall apply:

Exceptions. Minor exceptions to the development standards or definitions of use established by the marinship specific plan that do not alter the general development programs of the plan may be approved by the City Council upon recommendation by the Planning Commission. Exceptions are subject to the following:

Purpose and Intent. In addition to the general purposes of this chapter, the specific purpose of the planned development (-Pd) overlay district is to allow development areas with flexible requirements. Planned developments approved prior to the adoption date of this title are in the form of conditional use permits. Any additional development on such sites shall require a planned development permit. Projects proposed for other sites that require varying residential density, commercial intensity or other flexible requirements shall require a re-zoning to planned development overlay, shall be subject to a planned development permit, and shall conform to the requirements and standards of this section.

Applicability. The Planned Development overlay district shall be designated on the Sausalito Zoning Map by the letters "-Pd" followed by a number. The number shall indicate the existing conditional use permit that allows the development and the maximum number of dwelling units per acre allowed on the specific site.

Application. An application for a Pd permit may be filed with the Planning Commission as provided in Chapter 10.50 SMC (Land Use Permit Procedures). In addition to the data required by SMC § 10.50.030 (Application procedure), the application shall be accompanied by the following data prepared by a design team consisting of an architect, landscape architect and civil engineer. The Community Development Director may waive the requirement for any specific member of the design team or for filing any of these listed data when not applicable to the specific project.

Notice and Public Hearing by Planning Commission. Upon determining that an application is complete, the Community Development Director shall submit the application to the Planning Commission. A public hearing on the application shall be noticed and held, as provided by Chapter 10.82 SMC (Public Notice and Hearings).

Findings. The Planning Commission may recommend approval of a planned development (-Pd) permit, and the City Council may approve a Pd permit, if the following findings can be made:

Recommendation by Planning Commission. Following the public hearing, the Planning Commission may recommend to the City Council that the application be approved, conditionally approved or denied. The Community Development Director shall transmit the recommendation to the City Clerk.

Notice and Public Hearing by City Council. Upon receipt of a recommendation from the Planning Commission concerning a Pd permit application, the City Council shall schedule a public hearing on the application before the City Council as provided in Chapter 10.82 SMC (Public Notice and Hearings). A public hearing shall be noticed and conducted in conformance with Chapter 10.82 SMC (Public Notice and Hearings).

Decision. Following the public hearing, the City Council may approve, conditionally approve or deny the application. The decision shall be based on findings as provided by subsection E of this section (Findings). Any decision to approve a planned development permit shall be in the form of a resolution and shall be adopted with an ordinance rezoning the site. The City Council may approve the application subject to conditions which it believes, in its sole discretion, will make the proposed use consistent with the general plan, any applicable specific plan, or the -Pd zoning district, or which will make the proposed use compatible with other uses in the vicinity, or which will otherwise promote the public health, safety and welfare. The Council may also refer the matter back to the Planning Commission for further report and recommendation.

Permit Amendments. A Pd permit may be amended only by following the same procedures required for the issuance of a Pd permit. Minor deviations from the terms of a Pd permit shall be permitted and shall not be deemed amendments if the number of dwelling units is not being increased. Both the City Engineer and the Community Development Director shall determine in writing that the proposed development substantially complies with the Pd permit.

Overlay District Requirements. The requirements and standards that apply to land uses and new development within the -Pd overlay district shall be as provided by the approved planned development permit and as provided by Chapters 10.20 through 10.26 SMC (base zoning regulations) for the applicable base zoning district. Where the provisions of the planned development permit conflict with the requirements of the base zoning district, the provisions of the approved planned development permit shall control.

Purpose and Intent. In addition to the general purposes of this chapter, the purpose of this section establishing the senior housing (-Sh) overlay district is to promote and encourage housing for senior citizens and handicapped persons.

Applicability. The senior housing overlay district may be applied to those areas which are designated as high density residential and zoned R-3 or are located in close proximity to shopping, public transportation, medical services, and public transportation.

Overlay District Requirements. The requirements and standards that apply to land uses and new development within the -Sh overlay district shall be as provided by Chapter 10.22 SMC (Residential Zoning Districts) and by the senior housing standards as provided in SMC § 10.44.120 (Senior housing projects).

Purpose and Intent. In addition to the general purposes of this chapter, the purpose of this section establishing the emergency shelter (-Es) overlay district is to allow the provision of shelter for homeless persons or others in need of a temporary (six months or less) shelter, while ensuring the shelter is operated in a manner that is compatible with surrounding areas. The purpose of this chapter is also to comply with Government Code Section 65583 relating to emergency shelters.

Zoning Map Indicator and Applicability. The emergency shelter overlay district may be applied to those areas which are designated as public institutional (PI) and shown on the zoning map. The -Es overlay district shall be shown on the zoning map by adding an "-Es" designator to the base district designation.

Land Uses. Emergency shelters shall be a permitted use on parcels within the emergency shelter overlay district.

Development Standards. The following development standards shall apply to emergency shelters:

Common Facilities. The development may provide one or more of the following specific common facilities for exclusive use of the residents and staff; provided, that such facilities do not substantially increase the overall size of the shelter facility:

On-site Staff. At least one manager shall be on-site during all hours of operation of the facility. Such manager must be an individual who does not utilize the shelter's beds or other services and who resides off-site. The manager must be accompanied by one supporting staff member for every 15 beds occupied in the facility.

Security. Security personnel shall be provided during operational hours whenever clients are on the site. A security plan shall be submitted to the City prior to issuance of a certificate of occupancy.

Concentration of Uses. No more than one emergency shelter shall be permitted within a radius of 300 feet of another emergency shelter.

Emergency Shelter Operations. The agency or organization operating the emergency shelter shall comply with the following requirements:

Purpose and Intent. The purpose of this section is to establish the housing opportunities overlay districts to accommodate Sausalito's share of the regional housing need allocation for the current Housing Element cycle. The -HO districts include four distinct overlay zones described below and shown in Table 10.28-2.

Zoning Map Indicator and Applicability. The overlay districts are hereby created and shall be shown on the zoning map by adding a designator that identifies the specific district (H-29, MU-29, H-49, H-70, MU-49, MU-70) to the base district designation. Sites subject to these districts are identified in Table 10.28-2.

Permitted Uses. The permitted uses identified in Table 10.28-3 shall apply to the housing opportunities districts:

Development Standards. The development standards listed under this subsection D shall apply to the housing opportunities district, as set forth in Table 10.28-4.